federal Case Commentaries

Recognizing “Superadded” Psychological Torment Under the Eighth Amendment: Justice Sotomayor’s Dissent in Boyd v. Hamm

Date: Oct 24, 2025

Recognizing “Superadded” Psychological Torment Under the Eighth Amendment: Justice Sotomayor’s Dissent in Boyd v. Hamm Introduction This commentary examines the U.S. Supreme Court’s denial of a stay...

No Look-Through for FAA § 9: First Circuit Orders Without-Prejudice Dismissal and Avoids Standing Inquiry Post-Badgerow

Date: Oct 23, 2025

No Look-Through for FAA § 9: First Circuit Orders Without-Prejudice Dismissal and Avoids Standing Inquiry Post-Badgerow Case: Puerto Rico Telephone Company, Inc. v. WorldNet Telecommunications, LLC...

StandWithUs v. MIT: First Circuit Harmonizes Title VI with the First Amendment and Rejects a Per Se Equation of Anti‑Zionism with Antisemitism

Date: Oct 23, 2025

StandWithUs v. MIT: First Circuit Harmonizes Title VI with the First Amendment and Rejects a Per Se Equation of Anti‑Zionism with Antisemitism Introduction In StandWithUs Center for Legal Justice v....

Silence Is Not Acceptance; Unilateral UCC-1 Filings Cannot Create Security Interests; and Courts May Dismiss as Frivolous Before Deciding IFP: Third Circuit’s Non-Precedential Affirmance in Nah v. Carvana

Date: Oct 23, 2025

Silence Is Not Acceptance; Unilateral UCC-1 Filings Cannot Create Security Interests; and Courts May Dismiss as Frivolous Before Deciding IFP: Third Circuit’s Non-Precedential Affirmance in Nah v....

Colorado River Controls Mixed Declaratory/Injunctive Actions; “Ready, Willing, and Able” for Texas Equitable Redemption Requires Conjunctive Proof: Commentary on All About Property, L.L.C. v. Midland Mortgage (5th Cir. 2025)

Date: Oct 23, 2025

Colorado River Controls Mixed Declaratory/Injunctive Actions; “Ready, Willing, and Able” for Texas Equitable Redemption Requires Conjunctive Proof: Commentary on All About Property, L.L.C. v. Midland...

Contractual Pre‑Suit ADR Can Trigger a CGL “Duty to Defend,” and Wrongful Denial Waives Consent-to-ADR; Bankruptcy Assignment Does Not Bar Indemnity Litigation

Date: Oct 23, 2025

Contractual Pre‑Suit ADR Can Trigger a CGL “Duty to Defend,” and Wrongful Denial Waives Consent-to-ADR; Bankruptcy Assignment Does Not Bar Indemnity Litigation Case: BPX Prod. Co. v. Certain...

No Internet Shortcut: Creditor’s Right to Repayment and Escrow Possession Qualify as “Property” Under Wire Fraud; Interstate Proof Required for Online Wires

Date: Oct 23, 2025

No Internet Shortcut: Creditor’s Right to Repayment and Escrow Possession Qualify as “Property” Under Wire Fraud; Interstate Proof Required for Online Wires Introduction In United States v. Baker,...

Tenth Circuit Clarifies Wire Fraud “Property”: Creditor’s Collection Right and Escrow Possession Qualify; Internet Use Alone Does Not Satisfy Interstate Element; Grand Jury May Initiate §401 Contempt

Date: Oct 23, 2025

Tenth Circuit Clarifies Wire Fraud “Property”: Creditor’s Collection Right and Escrow Possession Qualify; Internet Use Alone Does Not Satisfy Interstate Element; Grand Jury May Initiate §401 Contempt...

Ambiguous Surveillance Video and Storewide Spill Evidence at Summary Judgment: Eleventh Circuit Reverses in Van Dorsten v. Wal‑Mart and Clarifies Florida’s § 768.0755 Constructive-Knowledge Pathways

Date: Oct 22, 2025

Ambiguous Surveillance Video and Storewide Spill Evidence at Summary Judgment: Eleventh Circuit Reverses in Van Dorsten v. Wal‑Mart and Clarifies Florida’s § 768.0755 Constructive-Knowledge Pathways...

Generic Objections Don’t Preserve §3553(c)(2) Challenges; Omission of a Written Statement of Reasons Is Plain but Harmless When Oral Reasons Are Clear — United States v. Alexander (11th Cir. 2025)

Date: Oct 22, 2025

Generic Objections Don’t Preserve §3553(c)(2) Challenges; Omission of a Written Statement of Reasons Is Plain but Harmless When Oral Reasons Are Clear — United States v. Alexander (11th Cir. 2025)...

Attempted Solicitation Suffices and NPS Jurisdiction Reaches Private Parcels Within Park Boundaries

Date: Oct 22, 2025

Attempted Solicitation Suffices and NPS Jurisdiction Reaches Private Parcels Within Park Boundaries Case: United States v. Rady Williams, Nos. 24-14167 & 24-14168 (11th Cir. Oct. 21, 2025) (per...

No Sale Required, No Private Enclave: Eleventh Circuit Clarifies NPS Solicitation and Interference Rules within Park Boundaries

Date: Oct 22, 2025

No Sale Required, No Private Enclave: Eleventh Circuit Clarifies NPS Solicitation and Interference Rules within Park Boundaries Case: United States v. Rady Williams, Nos. 24-14167 & 24-14168 (11th...

(Nonprecedential) Second Circuit Clarifies That Home Health Care Benefits Require Either a Licensed Agency or a Certified/Licensed Aide: Jackling v. Brighthouse Life Insurance Co.

Date: Oct 22, 2025

(Nonprecedential) Second Circuit Clarifies That Home Health Care Benefits Require Either a Licensed Agency or a Certified/Licensed Aide: Jackling v. Brighthouse Life Insurance Co. Introduction In an...

Express Incorporation of “Standard Conditions 1–12” Satisfies Maiorana; Delegation of Treatment Details and Third‑Party Search Notifications Upheld

Date: Oct 22, 2025

Express Incorporation of “Standard Conditions 1–12” Satisfies Maiorana; Delegation of Treatment Details and Third‑Party Search Notifications Upheld Introduction In United States v. Randolph, No....

Eleventh Circuit Endorses Corps’ Use of Letters of Permission as NEPA Categorical Exclusions—even in a National Seashore—and Declines Size-Based Limits via Ejusdem Generis

Date: Oct 22, 2025

Eleventh Circuit Endorses Corps’ Use of Letters of Permission as NEPA Categorical Exclusions—even in a National Seashore—and Declines Size-Based Limits via Ejusdem Generis Introduction In Center for...

Eleventh Circuit Clarifies: Misusing the Class‑of‑One Comparator Standard Can Render a Civil Rights Claim “Frivolous,” Justifying § 1988 Defense‑Side Fees

Date: Oct 22, 2025

Eleventh Circuit Clarifies: Misusing the Class‑of‑One Comparator Standard Can Render a Civil Rights Claim “Frivolous,” Justifying § 1988 Defense‑Side Fees Introduction In Hybrid Pharma LLC v. Matthew...

Substantial Truth, Opinion on Intent, and the “Of-and-Concerning” Gatekeeper: Eleventh Circuit Affirms Dismissal in Pick v. Raffensperger and Defers to Local Divisional Venue Rules

Date: Oct 22, 2025

Substantial Truth, Opinion on Intent, and the “Of-and-Concerning” Gatekeeper: Eleventh Circuit Affirms Dismissal in Pick v. Raffensperger and Defers to Local Divisional Venue Rules Introduction In...

Rule 68 Offers Can Contractually Cut Off § 1988 “Fees-on-Fees,” and Across-the-Board Lodestar Reductions Must Be Principled: Commentary on Otto v. City of Boca Raton (11th Cir. 2025)

Date: Oct 22, 2025

Rule 68 Offers Can Contractually Cut Off § 1988 “Fees-on-Fees,” and Across-the-Board Lodestar Reductions Must Be Principled: Commentary on Otto v. City of Boca Raton (11th Cir. 2025) Introduction...

Purity Irrelevant to § 841(b)(1)(B) Mandatory Minimums; “Standard” Supervised-Release Conditions May Be Imposed by Reference — United States v. King (11th Cir. 2025)

Date: Oct 22, 2025

PURITY IRRELEVANT TO § 841(b)(1)(B) MANDATORY MINIMUMS; “STANDARD” SUPERVISED-RELEASE CONDITIONS MAY BE IMPOSED BY REFERENCE United States v. Adam Joseph King, No. 24-12265 (11th Cir. Oct. 20, 2025)...

Jointly Undertaken Courier Schemes: Full Drug-Quantity Attribution and No Minor-Role Reduction Where Mutual Awareness and Shared Logistics Are Shown — United States v. Feliciano (11th Cir. 2025)

Date: Oct 22, 2025

Jointly Undertaken Courier Schemes: Full Drug-Quantity Attribution and No Minor-Role Reduction Where Mutual Awareness and Shared Logistics Are Shown — United States v. Feliciano (11th Cir. 2025)...

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