federal Case Commentaries

Tenth Circuit Adopts Two‑Step “Genuinely Responsive to Safety” Test and Holds Delay Can Defeat Irreparable Harm in FAAAA/ADA Preemption Disputes

Date: Sep 2, 2025

Tenth Circuit Adopts Two‑Step “Genuinely Responsive to Safety” Test and Holds Delay Can Defeat Irreparable Harm in FAAAA/ADA Preemption Disputes Introduction In Colorado Motor Carriers Association v....

“Groupthink Is Not Actual Malice”: Eleventh Circuit Clarifies the Evidentiary Threshold for Public-Figure Defamation in Dershowitz v. CNN

Date: Sep 2, 2025

“Groupthink Is Not Actual Malice”: Eleventh Circuit Clarifies the Evidentiary Threshold for Public-Figure Defamation in Dershowitz v. CNN Introduction In Alan M. Dershowitz v. Cable News Network,...

Seventh Circuit Signals Recognition of ADEA Hostile Work Environment Claims, but Affirms for Lack of Age-Based Evidence

Date: Sep 2, 2025

Seventh Circuit Signals Recognition of ADEA Hostile Work Environment Claims, but Affirms for Lack of Age-Based Evidence Introduction In Tanya Blumenshine v. Bloomington School District No. 87, the...

Tenth Circuit Adopts Two‑Step Safety-Exception Test Under the FAAAA/ADA and Affirms That Delay Can Defeat Irreparable Harm: Colorado Motor Carriers Association v. Town of Vail

Date: Sep 2, 2025

Tenth Circuit Adopts Two‑Step Safety-Exception Test Under the FAAAA/ADA and Affirms That Delay Can Defeat Irreparable Harm: Colorado Motor Carriers Association v. Town of Vail Introduction This...

Broadening the FAAAA Safety Exception: Tenth Circuit Adopts a Two‑Step “Genuinely Responsive” Test and Affirms that Delay Can Defeat Irreparable Harm

Date: Sep 2, 2025

Broadening the FAAAA Safety Exception: Tenth Circuit Adopts a Two‑Step “Genuinely Responsive” Test and Affirms that Delay Can Defeat Irreparable Harm Introduction In Colorado Motor Carriers...

Narrowing the “Ignored Evidence” Doctrine and Clarifying Post‑Wilkinson Review: First Circuit in Ortiz Trejo v. Bondi on Exceptional Hardship and BIA’s Evidence Review

Date: Sep 2, 2025

Narrowing the “Ignored Evidence” Doctrine and Clarifying Post‑Wilkinson Review: First Circuit in Ortiz Trejo v. Bondi on Exceptional Hardship and BIA’s Evidence Review Introduction In Ortiz Trejo v....

Cross‑Study “Establishment” Claims: Third Circuit Clarifies That Side‑by‑Side Superiority Messaging Is Literally False Absent Reliable Comparability—and That Damages Still Require Proof of Actual Deception and Reliance

Date: Sep 2, 2025

Cross‑Study “Establishment” Claims: Third Circuit Clarifies That Side‑by‑Side Superiority Messaging Is Literally False Absent Reliable Comparability—and That Damages Still Require Proof of Actual...

Cross‑Study “Establishment” Claims in Scientific Advertising: Literal Falsity by Necessary Implication Absent Proven Comparability, and No Lanham Act Damages Without Proof of Actual Deception

Date: Sep 2, 2025

Cross‑Study “Establishment” Claims in Scientific Advertising: Literal Falsity by Necessary Implication Absent Proven Comparability, and No Lanham Act Damages Without Proof of Actual Deception Case:...

Fifth Circuit Tightens “Effective Denial” Doctrine: Concrete Urgency and Diligent, Date-Certain Requests Are Required to Invoke § 1292(a)(1) Jurisdiction

Date: Sep 2, 2025

Fifth Circuit Tightens “Effective Denial” Doctrine: Concrete Urgency and Diligent, Date-Certain Requests Are Required to Invoke § 1292(a)(1) Jurisdiction Introduction This commentary examines the...

PLRA’s 90-Day Clock Requires Mootness Dismissal and Munsingwear Vacatur of Expired Prison TROs: Fifth Circuit in Voice of the Experienced v. LeBlanc

Date: Sep 2, 2025

PLRA’s 90-Day Clock Requires Mootness Dismissal and Munsingwear Vacatur of Expired Prison TROs Commentary on Voice of the Experienced v. LeBlanc (5th Cir. Aug. 28, 2025) Introduction In Voice of the...

Monreal/Recinas Are Not Checklists: First Circuit’s Post-Wilkinson Framework for Reviewing Hardship and the Materiality Requirement for Omitted Factors

Date: Aug 31, 2025

Monreal/Recinas Are Not Checklists: First Circuit’s Post-Wilkinson Framework for Reviewing Hardship and the Materiality Requirement for Omitted Factors Introduction In Lopez Cano v. Bondi, the First...

Rule 16b-3(d) Board Approval Needs Facts, Not Formal Labels: Second Circuit Clarifies Knowledge Standard for Deputized Directors in Roth v. Armistice Capital

Date: Aug 31, 2025

Rule 16b-3(d) Board Approval Needs Facts, Not Formal Labels: Second Circuit Clarifies Knowledge Standard for Deputized Directors in Roth v. Armistice Capital Introduction In Roth v. Armistice...

Second Circuit (en banc) Overrules Truscello: All Non‑Mandatory Supervised‑Release Conditions Must Be Pronounced at Sentencing

Date: Aug 31, 2025

Second Circuit (en banc) Overrules Truscello: All Non‑Mandatory Supervised‑Release Conditions Must Be Pronounced at Sentencing Introduction In United States v. Maiorana, the U.S. Court of Appeals for...

Foreseeability, Special Relationships, and Campus Liability: Sixth Circuit Narrows Negligence Exposure and Sets High Bar for IIED and ELCRA Claims in Chen v. Hillsdale College

Date: Aug 31, 2025

Foreseeability, Special Relationships, and Campus Liability: Sixth Circuit Narrows Negligence Exposure and Sets High Bar for IIED and ELCRA Claims in Chen v. Hillsdale College Introduction In Grace...

No Personal Jurisdiction from Plaintiff’s Forum-Based Counsel or Virtual Data-Room Access: Eleventh Circuit Clarifies Purposeful-Availment Limits Under Florida’s Long-Arm Statute

Date: Aug 31, 2025

No Personal Jurisdiction from Plaintiff’s Forum-Based Counsel or Virtual Data-Room Access: Eleventh Circuit Clarifies Purposeful-Availment Limits Under Florida’s Long-Arm Statute Introduction In ECB...

Expert Evidence, Causation, and Pattern Proof: Seventh Circuit Tightens Eighth Amendment and Monell Paths in Prison Mental-Health Cases

Date: Aug 31, 2025

Expert Evidence, Causation, and Pattern Proof: Seventh Circuit Tightens Eighth Amendment and Monell Paths in Prison Mental-Health Cases Introduction In Cordell Sanders v. Andrea Moss, et al., the...

Protected Advice at Life’s End: Seventh Circuit Holds Indiana’s Funeral-Licensing Ban on Death-Doula Counseling Fails Even Under Intermediate Scrutiny—and Consent Orders Don’t Waive Federal Rights

Date: Aug 31, 2025

Protected Advice at Life’s End: Seventh Circuit Holds Indiana’s Funeral-Licensing Ban on Death-Doula Counseling Fails Even Under Intermediate Scrutiny—and Consent Orders Don’t Waive Federal Rights...

“Promoting the Enactment of Legislation” Qualifies as an Official Act; No Per Se Miranda Rule During Warrant Stops; No Duty to Delay Sentencing for Pending Guidelines Amendments — Commentary on United States v. Weiss (7th Cir. 2025)

Date: Aug 31, 2025

“Promoting the Enactment of Legislation” Qualifies as an Official Act; No Per Se Miranda Rule During Warrant Stops; No Duty to Delay Sentencing for Pending Guidelines Amendments — Commentary on...

First Circuit Conditions Internet-Monitoring Fees on Ability-to-Pay and Clarifies Limits on Ex Parte Sentencing Inputs

Date: Aug 31, 2025

First Circuit Conditions Internet-Monitoring Fees on Ability-to-Pay and Clarifies Limits on Ex Parte Sentencing Inputs Case: United States v. Negrón-Cruz Court: U.S. Court of Appeals for the First...

Post-Loper Bright, Circuit Precedent Controls: Third Circuit Reaffirms Jordon’s Sequencing Rule for Former § 1432(a)(3) and Holds BIA Self-Certification Denials Unreviewable

Date: Aug 31, 2025

Post-Loper Bright, Circuit Precedent Controls: Third Circuit Reaffirms Jordon’s Sequencing Rule for Former § 1432(a)(3) and Holds BIA Self-Certification Denials Unreviewable Introduction In...

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