federal Case Commentaries

Opening the Door Is Not Consent: Eleventh Circuit Denies Qualified Immunity for Warrantless Entry and Subsumes Derivative Seizure/Excessive-Force Claims

Date: Oct 18, 2025

Opening the Door Is Not Consent: Eleventh Circuit Denies Qualified Immunity for Warrantless Entry and Subsumes Derivative Seizure/Excessive-Force Claims Case: Terry Dukes, Sr. v. Chase Gregory Court:...

Dusky, Not “Decisional Competency,” Controls; Misallocation of the § 4241 Burden Is Harmless Absent Evidentiary Equipoise

Date: Oct 18, 2025

Dusky, Not “Decisional Competency,” Controls; Misallocation of the § 4241 Burden Is Harmless Absent Evidentiary Equipoise Introduction In United States v. Steven Michael Marks, the Eleventh Circuit...

Assignees Must Prove Assignors’ Diversity or Non‑Collusive Purpose: First Circuit Orders Dismissal When Section 1359 Inquiry Fails

Date: Oct 18, 2025

Assignees Must Prove Assignors’ Diversity or Non‑Collusive Purpose: First Circuit Orders Dismissal When Section 1359 Inquiry Fails Case: Gore and Associates Management Co., Inc. v. SLSCO Ltd. and...

Imitation Permitted, Duplication Required: Seventh Circuit Holds Sound Recording Copyrights Are Infringed Only by Actual Copying of Fixed Sounds

Date: Oct 18, 2025

Imitation Permitted, Duplication Required: Seventh Circuit Holds Sound Recording Copyrights Are Infringed Only by Actual Copying of Fixed Sounds Introduction In Eddie Richardson v. Karim Kharbouch,...

Actual Duplication Required: Seventh Circuit Holds Sound Recording Infringement Demands Proof of Sampling, Not Mere Imitation

Date: Oct 18, 2025

Actual Duplication Required: Seventh Circuit Holds Sound Recording Infringement Demands Proof of Sampling, Not Mere Imitation Introduction In Eddie Richardson v. Karim Kharbouch, Nos. 24-1119 &...

Political Dissent Is Not “Rebellion”: Seventh Circuit Confirms Judicial Review of Presidential § 12406 Call-Ups and Bars National Guard Deployment in Illinois

Date: Oct 18, 2025

Political Dissent Is Not “Rebellion”: Seventh Circuit Confirms Judicial Review of Presidential § 12406 Call-Ups and Bars National Guard Deployment in Illinois Introduction In State of Illinois v....

Willful Blindness Can Establish Scienter—But Not Here: Third Circuit Tightens Pleading for 10b‑5 Opinion, Diligence, and Omission Claims in Handal v. Innovative Industrial Properties

Date: Oct 18, 2025

Willful Blindness Can Establish Scienter—But Not Here: Third Circuit Tightens Pleading for 10b‑5 Opinion, Diligence, and Omission Claims in Handal v. Innovative Industrial Properties Introduction...

Full Faith and Credit to State Arbitrability Orders: Third Circuit Holds Pennsylvania Orders Compelling Arbitration Preclude Duplicative Federal Suits, and Federal Repackaging (RICO/Mail Fraud) Does Not Avoid Claim Preclusion

Date: Oct 18, 2025

Full Faith and Credit to State Arbitrability Orders: Third Circuit Holds Pennsylvania Orders Compelling Arbitration Preclude Duplicative Federal Suits, and Federal Repackaging (RICO/Mail Fraud) Does...

Reasonable-and-Realistic Time to Obtain Counsel: Third Circuit Vacates Removal Order Where IJ Denied Final Continuance Without Notice or Express Waiver

Date: Oct 18, 2025

Reasonable-and-Realistic Time to Obtain Counsel: Third Circuit Vacates Removal Order Where IJ Denied Final Continuance Without Notice or Express Waiver Introduction In Miguel Robles Corcuera v....

Guideline Invariance Does Not Defeat Plea-Bargaining Prejudice: Third Circuit Requires § 2255 Hearing on Alleged “Career Offender” Misadvice

Date: Oct 17, 2025

Guideline Invariance Does Not Defeat Plea-Bargaining Prejudice: Third Circuit Requires § 2255 Hearing on Alleged “Career Offender” Misadvice Introduction In United States v. Reginald Stephens, the...

Belief vs. Practice: Fifth Circuit Clarifies Title VII Religion Claims, Tightens RLA Access, and Polices Injunctions and Civil Contempt

Date: Oct 17, 2025

Belief vs. Practice: Fifth Circuit Clarifies Title VII Religion Claims, Tightens RLA Access, and Polices Injunctions and Civil Contempt Introduction Carter v. Local 556 (5th Cir. 2025) arises from...

Carter v. Southwest Airlines: The Fifth Circuit Draws a Bright Line Between Belief- and Practice-Based Title VII Claims, Clarifies Union Liability for “Attempting to Cause” Discrimination, Narrows Post-Certification RLA Suits, and Polices Overbroad Injunctions and Punitive Civil Contempt

Date: Oct 17, 2025

Carter v. Southwest Airlines: The Fifth Circuit Draws a Bright Line Between Belief- and Practice-Based Title VII Claims, Clarifies Union Liability for “Attempting to Cause” Discrimination, Narrows...

Belief vs. Practice: Fifth Circuit Clarifies Title VII Religion Doctrine, Affirms Groff Without Retrial, and Vacates “Obey‑the‑Law” Injunctions in Carter v. Southwest

Date: Oct 17, 2025

Belief vs. Practice: Fifth Circuit Clarifies Title VII Religion Doctrine, Affirms Groff Without Retrial, and Vacates “Obey‑the‑Law” Injunctions in Carter v. Southwest Introduction In a sweeping...

Lay-Opinion Market-Rate Testimony Rejected and Pro Rata Setoff Allowed in Corporate Wind-Up: Fourth Circuit Affirms in All American Black Car Service, Inc. v. Gondal

Date: Oct 17, 2025

Lay-Opinion Market-Rate Testimony Rejected and Pro Rata Setoff Allowed in Corporate Wind-Up: Fourth Circuit Affirms in All American Black Car Service, Inc. v. Gondal Court: United States Court of...

Clarifying Rule 701’s Limits, Rejecting Ratification-by-Tax-Return, and Allowing Equity Setoff in Corporate Wind-Downs

Date: Oct 17, 2025

Clarifying Rule 701’s Limits, Rejecting Ratification-by-Tax-Return, and Allowing Equity Setoff in Corporate Wind-Downs Case: All American Black Car Service, Inc. v. Gondal (consolidated appeals Nos....

Good‑Faith Misinterpretation of Unsettled State Law Does Not Trigger § 1983 Liability: Fourth Circuit in Swart v. Miyares Channels Overdetention Claims to the Fourteenth Amendment

Date: Oct 17, 2025

Good‑Faith Misinterpretation of Unsettled State Law Does Not Trigger § 1983 Liability: Fourth Circuit in Swart v. Miyares Channels Overdetention Claims to the Fourteenth Amendment Introduction In...

Victim Identification Plus Corroborating Circumstances Suffice for Probable Cause; Unknown Omissions Do Not Vitiate Warrants — The Fourth Circuit’s Clarification in Moretti v. Thorsdottir

Date: Oct 17, 2025

Victim Identification Plus Corroborating Circumstances Suffice for Probable Cause; Unknown Omissions Do Not Vitiate Warrants — The Fourth Circuit’s Clarification in Moretti v. Thorsdottir...

Forfeiture of Unraised Rule 11 Challenges and Harmless-Error Review for Plea Colloquy Omissions: United States v. Robert Smith, Jr. (4th Cir. 2025)

Date: Oct 17, 2025

Forfeiture of Unraised Rule 11 Challenges and Harmless-Error Review for Plea Colloquy Omissions: United States v. Robert Smith, Jr. (4th Cir. 2025) Introduction In United States v. Robert Smith, Jr.,...

When the BIA Misapplies Clear-Error Review, the Tenth Circuit May Reinstate an IJ’s Asylum Grant Without Remand

Date: Oct 17, 2025

When the BIA Misapplies Clear-Error Review, the Tenth Circuit May Reinstate an IJ’s Asylum Grant Without Remand Introduction In Ramos v. Bondi, the Tenth Circuit issued a precedential opinion that...

Futility Trumps the Ordinary-Remand Rule: Tenth Circuit Polices BIA’s Clear-Error Review and Orders Reinstatement of Asylum

Date: Oct 17, 2025

Futility Trumps the Ordinary-Remand Rule: Tenth Circuit Polices BIA’s Clear-Error Review and Orders Reinstatement of Asylum Introduction Ramos v. Bondi is a published decision of the U.S. Court of...

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