federal Case Commentaries

Second Circuit Holds That Nonpayment of Arbitral Fees Mid‑Arbitration Is Not a “Refusal to Arbitrate” Under FAA § 4

Date: Sep 4, 2025

Second Circuit Holds That Nonpayment of Arbitral Fees Mid‑Arbitration Is Not a “Refusal to Arbitrate” Under FAA § 4 Introduction In Frazier v. X Corp., No. 24-1948 (2d Cir. Sept. 2, 2025), the U.S....

Eleventh Circuit Reaffirms: Post-Handcuff Strikes Constitute Gratuitous Force; Qualified Immunity Denied

Date: Sep 4, 2025

Reaffirming the Limits of Force: No Qualified Immunity for Post-Handcuff Strikes on a Non-Resisting Suspect Case: Albert Lee St. Clair, Jr. v. DeAngelo M. Anthony, et al. (No. 24-11302) Court: U.S....

Reasoned Consideration and Evidentiary Sufficiency at the Reconsideration Stage: Preliminary Diagnoses and Generalized Violence Do Not Establish Prima Facie Relief

Date: Sep 4, 2025

Reasoned Consideration and Evidentiary Sufficiency at the Reconsideration Stage: Preliminary Diagnoses and Generalized Violence Do Not Establish Prima Facie Relief Introduction In Armando...

No Waiver Without Knowledge: Georgia’s Clear-and-Unmistakable Standard Governs Ownership Conditions in Temporary-Substitute Auto Coverage

Date: Sep 4, 2025

No Waiver Without Knowledge: Georgia’s Clear-and-Unmistakable Standard Governs Ownership Conditions in Temporary-Substitute Auto Coverage Introduction The Eleventh Circuit’s unpublished decision in...

No Prejudice, No Penalty; Months-Long Gaps Break Causation: Eleventh Circuit Clarifies COBRA Penalty Discretion and Title VII Retaliation in Thibodeaux v. City of Atlanta

Date: Sep 4, 2025

No Prejudice, No Penalty; Months-Long Gaps Break Causation: Eleventh Circuit Clarifies COBRA Penalty Discretion and Title VII Retaliation in Thibodeaux v. City of Atlanta Introduction This commentary...

Independent Investigation Breaks the Cat’s Paw: Eleventh Circuit Reaffirms Limits on Mixed‑Motive Title VII Claims in Police Use‑of‑Force Terminations

Date: Sep 4, 2025

Independent Investigation Breaks the Cat’s Paw: Eleventh Circuit Reaffirms Limits on Mixed‑Motive Title VII Claims in Police Use‑of‑Force Terminations Case: Roger Williams v. Unified Government of...

Harmless-Error Review Governs Early Denials of Compassionate Release Without a Reply; § 3553(a) Discretion Alone Can Sustain Denial

Date: Sep 4, 2025

Harmless-Error Review Governs Early Denials of Compassionate Release Without a Reply; § 3553(a) Discretion Alone Can Sustain Denial Introduction In United States v. Fednert Orisnord, No. 24-12776...

Flexible Daubert Gatekeeping and Circumstantial Proof of “Death Results” under § 841: United States v. Jackasal (11th Cir. 2025)

Date: Sep 4, 2025

Flexible Daubert Gatekeeping and Circumstantial Proof of “Death Results” under § 841: United States v. Jackasal (11th Cir. 2025) Court: U.S. Court of Appeals for the Eleventh Circuit (Non-Argument...

Danger Finding Alone Bars Compassionate Release, Despite First Step Act Anti‑Stacking and Concepcion: Eleventh Circuit’s Decision in United States v. Harrell

Date: Sep 4, 2025

Danger Finding Alone Bars Compassionate Release, Despite First Step Act Anti‑Stacking and Concepcion: Eleventh Circuit’s Decision in United States v. Harrell Court: U.S. Court of Appeals for the...

“More Than Minimal Planning” Includes Coordinated Travel and Instrument Procurement; Upward Variance for “Terroristic” Violence Affirmed — Commentary on United States v. Ruark (11th Cir. 2025)

Date: Sep 4, 2025

“More Than Minimal Planning” Includes Coordinated Travel and Instrument Procurement; Upward Variance for “Terroristic” Violence Affirmed Commentary on United States v. Shawn Ruark, No. 24-11672 (11th...

Post-Ames Uniform Prima Facie Standard Confirmed: Sixth Circuit Affirms Summary Judgment in Howard v. Cherokee Health Systems, Reemphasizing the Honest-Belief Doctrine and Leaving “Selective Favoritism” Under Title VII Unresolved

Date: Sep 4, 2025

Post-Ames Uniform Prima Facie Standard Confirmed: Sixth Circuit Affirms Summary Judgment in Howard v. Cherokee Health Systems, Reemphasizing the Honest-Belief Doctrine and Leaving “Selective...

Collective-Knowledge Reasonable Suspicion and Post-Hearing Clarification of Drug Quantity: Sixth Circuit Affirms Stop, K‑9 Sweep, and Sentencing Findings in United States v. Knuuttila

Date: Sep 4, 2025

Collective-Knowledge Reasonable Suspicion and Post-Hearing Clarification of Drug Quantity: Sixth Circuit Affirms Stop, K‑9 Sweep, and Sentencing Findings in United States v. Knuuttila Introduction...

United States v. Blasdel: Tenth Circuit Clarifies Four-Corners Exclusivity and Denies Good-Faith Reliance for Affidavits Tainted by Pre‑Warrant Searches

Date: Sep 4, 2025

United States v. Blasdel: Tenth Circuit Clarifies Four-Corners Exclusivity and Denies Good-Faith Reliance for Affidavits Tainted by Pre‑Warrant Searches Introduction In United States v. Blasdel (10th...

Post-Moore Clarification: § 3231 Controls Criminal Tax Jurisdiction; § 7403 Foreclosures Constitute “Seizures Under Title 26” for § 7212(b); Form 4549/SFR Evidence Can Prove § 7201 Liability

Date: Sep 4, 2025

Post-Moore Clarification: § 3231 Controls Criminal Tax Jurisdiction; § 7403 Foreclosures Constitute “Seizures Under Title 26” for § 7212(b); Form 4549/SFR Evidence Can Prove § 7201 Liability Case:...

Klein Conspiracies Require “Deceitful or Dishonest Means” and Advice-of-Counsel Must Be Instructed Across Counts: United States v. Kearney (10th Cir. 2025)

Date: Sep 4, 2025

Klein Conspiracies Require “Deceitful or Dishonest Means” and Advice-of-Counsel Must Be Instructed Across Counts: United States v. Kearney (10th Cir. 2025) Introduction In United States v. Kearney,...

Common Use, Not Common Possession: Tenth Circuit Holds Machineguns Fall Outside Second Amendment Protection at Bruen Step One

Date: Sep 4, 2025

Common Use, Not Common Possession: Tenth Circuit Holds Machineguns Fall Outside Second Amendment Protection at Bruen Step One Introduction United States v. Morgan (10th Cir. Sept. 2, 2025) confronts...

Eleventh Circuit Upholds ACCA’s Reliance on State Sentencing Maxima Against Fifth Amendment Equal‑Protection Challenge

Date: Sep 4, 2025

Eleventh Circuit Upholds ACCA’s Reliance on State Sentencing Maxima Against Fifth Amendment Equal‑Protection Challenge Case: United States v. Nikequis Lachristopher Green, No. 24-11526 (11th Cir....

“Crowded-and-Confined” Sensitive Places: Seventh Circuit Upholds Illinois’s Transit Firearm Restriction under Bruen

Date: Sep 4, 2025

“Crowded-and-Confined” Sensitive Places: Seventh Circuit Upholds Illinois’s Transit Firearm Restriction under Bruen Introduction This Seventh Circuit decision addresses whether Illinois may bar...

“Crowded and Confined” as Sensitive Places: Seventh Circuit Upholds Illinois’s Transit Carry Restriction and Articulates a Five-Factor Limiting Principle under Bruen

Date: Sep 4, 2025

“Crowded and Confined” as Sensitive Places: Seventh Circuit Upholds Illinois’s Transit Carry Restriction and Articulates a Five-Factor Limiting Principle under Bruen Introduction In Benjamin...

Seventh Circuit Draws a Line: In ERISA Disability Appeals, a Fundamentally Inconsistent Onset Date Is a New Claim Requiring Exhaustion

Date: Sep 4, 2025

Seventh Circuit Draws a Line: In ERISA Disability Appeals, a Fundamentally Inconsistent Onset Date Is a New Claim Requiring Exhaustion Introduction In Karen Moratz v. Reliance Standard Life Insurance...

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