federal Case Commentaries

Satymbaev v. Bondi: The Second Circuit’s Re-emphasis on Exhaustion and Corroboration in Asylum Proceedings

Date: Jul 30, 2025

Satymbaev v. Bondi: The Second Circuit’s Re-emphasis on Exhaustion and Corroboration in Asylum Proceedings Introduction In Satymbaev v. Bondi, No. 22-6504 (2d Cir. July 25 2025) (summary order), the...

Re-affirming Credibility and Corroboration Duties in Asylum Law: A Commentary on Trejo Gomez v. Bondi (2d Cir. 2025)

Date: Jul 30, 2025

Re-affirming Credibility and Corroboration Duties in Asylum Law: A Commentary on Trejo Gomez v. Bondi (2d Cir. 2025) 1. Introduction Trejo Gomez v. Bondi, No. 23-6468, is a 2025 summary order from...

“Meaningful Review” Re-Examined: Walker v. Bellnier and the Constitutional Limits on Rote Solitary-Confinement Assessments

Date: Jul 30, 2025

“Meaningful Review” Re-Examined: Walker v. Bellnier and the Constitutional Limits on Rote Solitary-Confinement Assessments 1. Introduction In Walker v. Bellnier, the United States Court of Appeals...

“Velasquez v. U.S. Attorney General”: The Eleventh Circuit Confirms that the INA’s 30-Day Review Period Is a Waivable Claim-Processing Rule

Date: Jul 30, 2025

“Velasquez v. U.S. Attorney General”: The Eleventh Circuit Confirms that the INA’s 30-Day Review Period Is a Waivable Claim-Processing Rule 1. Introduction In Pablo Velasquez v. U.S. Attorney...

United States v. Carey: “Prior Sentence” Includes Post-Conviction, Pre-Resentencing Terms & Other Lessons on Limited Remand

Date: Jul 30, 2025

United States v. Carey: “Prior Sentence” Includes Post-Conviction, Pre-Resentencing Terms & Other Lessons on Limited Remand Introduction United States v. Damon Todd Carey (3d Cir. July 25 2025)...

“When the Heat Itself Cries Out”: The Fifth Circuit’s Refined Standard for Deliberate Indifference to Extreme Temperatures in Texas Prisons – Commentary on Coones v. Cogburn (5th Cir. 2025)

Date: Jul 30, 2025

“When the Heat Itself Cries Out” The Fifth Circuit’s Refined Standard for Deliberate Indifference to Extreme Temperatures in Texas Prisons – Commentary on Coones v. Cogburn (5th Cir. 2025) 1....

“Diligence or Dismissal” – The Sixth Circuit Tightens the Reins on Equitable Tolling and Pleading Standards in § 1983 Litigation (Anthony Mario Wynn v. City of Covington, 6th Cir. 2025)

Date: Jul 30, 2025

“Diligence or Dismissal” – The Sixth Circuit Tightens the Reins on Equitable Tolling and Pleading Standards in § 1983 Litigation Commentary on Anthony Mario Wynn v. City of Covington, Ky., 6th Cir....

“All-Claim” Requirement Reaffirmed: Sixth Circuit Limits what Counts as a PLRA Strike and Restricts Post-Notice District Court Revisions

Date: Jul 30, 2025

“All-Claim” Requirement Reaffirmed: Sixth Circuit Limits what Counts as a PLRA Strike and Restricts Post-Notice District Court Revisions 1. Introduction Davariol Marquavis Taylor, an incarcerated...

Lux-Lux v. Bondi: Forfeiture of Niz-Chavez–Based NTA Defects When Not Timely Raised

Date: Jul 30, 2025

Lux-Lux v. Bondi: Forfeiture of Niz-Chavez–Based NTA Defects When Not Timely Raised Introduction Diego Andrés Lux-Lux, an indigenous Guatemalan, entered the United States as a minor in 2015 and...

Selective-Truth Reporting and Cat’s-Paw Liability: Sixth Circuit Expands Employer Responsibility in ADA Retaliation Cases

Date: Jul 30, 2025

Selective-Truth Reporting and Cat’s-Paw Liability: The Sixth Circuit’s New Benchmark for Employer Liability in ADA Retaliation (Monica Gray v. State Farm) Introduction Monica Gray, a fifteen-year...

Digital Translation and Consent Searches: Sixth Circuit Affirms Google-Translate-Facilitated Consent in United States v. Ceja-Torres

Date: Jul 30, 2025

Digital Translation and Consent Searches: Sixth Circuit Affirms Google-Translate-Facilitated Consent in United States v. Ceja-Torres Introduction The Sixth Circuit’s decision in United States v....

Beyond the Substance: Sixth Circuit Clarifies “Relevant Conduct” Across Different Drugs and Affirms Broad Application of the Drug-Premises Enhancement

Date: Jul 30, 2025

Beyond the Substance: Sixth Circuit Clarifies “Relevant Conduct” Across Different Drugs and Affirms Broad Application of the Drug-Premises Enhancement Introduction In United States v. Jaylen Sain,...

United States v. Butler – Sixth Circuit Clarifies “Dominion” in Constructive Possession and Limits Remote Drug-Use Evidence

Date: Jul 30, 2025

United States v. Butler – Sixth Circuit Clarifies “Dominion” in Constructive Possession and Limits Remote Drug-Use Evidence Introduction The unpublished opinion in United States v. Patrick Dillon...

Eleventh Circuit Reinforces the APA Duty to Update Economic Analyses and Give Reasoned Explanations for Cost-Allocation Shifts – Commentary on American Securities Association v. SEC (2025)

Date: Jul 30, 2025

Eleventh Circuit Reinforces the APA Duty to Update Economic Analyses and Give Reasoned Explanations for Cost-Allocation Shifts Commentary on American Securities Association & Citadel Securities LLC...

Extending Rule 41(a): Eleventh Circuit Authorises Voluntary Dismissal of Individual Plaintiffs in Multi-Plaintiff Actions

Date: Jul 30, 2025

Extending Rule 41(a): Eleventh Circuit Authorises Voluntary Dismissal of Individual Plaintiffs in Multi-Plaintiff Actions Introduction Jeanne Weinstein v. 440 Corp. marks a significant procedural...

Discovery-Informed Pleading Survives: Eleventh Circuit Clarifies that Rule 9(b) Does Not Bar Use of Discovery-Derived Allegations at the Motion-to-Dismiss Stage

Date: Jul 30, 2025

Discovery-Informed Pleading Survives: Eleventh Circuit Clarifies that Rule 9(b) Does Not Bar Use of Discovery-Derived Allegations at the Motion-to-Dismiss Stage Introduction The United States Court...

The “Johnny Appleseed” Myth Debunked: Eleventh Circuit Affirms that Free Transfers of Drugs Are “Distribution” under 21 U.S.C. § 841 and Re-validates Georgia Burglary as an ACCA Predicate

Date: Jul 30, 2025

The “Johnny Appleseed” Myth Debunked: Eleventh Circuit Affirms that Free Transfers of Drugs Are “Distribution” under 21 U.S.C. § 841 and Re-validates Georgia Burglary as an ACCA Predicate 1....

Seventh Circuit Clarifies that Appraisers May Decide Causation and Limits Insurers’ “Right-to-Deny” After Appraisal

Date: Jul 30, 2025

Seventh Circuit Clarifies that Appraisers May Decide Causation and Limits Insurers’ “Right-to-Deny” After Appraisal Introduction Mesco Manufacturing, LLC (“Mesco”) and Motorists Mutual Insurance...

Alexander v. Kramer: Clarifying the Evidentiary Threshold for Deliberate Indifference Claims under the Eighth Amendment

Date: Jul 30, 2025

Alexander v. Kramer: Clarifying the Evidentiary Threshold for Deliberate Indifference Claims under the Eighth Amendment 1. Introduction Ricky N. Alexander, a Wisconsin inmate, sued two prison nurse...

The Upchurch Clarification: Proper State-Agency Identification under Title VII and the Evidentiary Floor for Pretext & Retaliation Claims

Date: Jul 30, 2025

The Upchurch Clarification: Proper State-Agency Identification under Title VII and the Evidentiary Floor for Pretext & Retaliation Claims 1. Introduction In Timothy Upchurch v. State of Indiana, the...

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