federal Case Commentaries

Refusal Is Not a Shield: Seventh Circuit Confirms That “Reasonably Calculated” Notice, Including Alternative Delivery and Judicial Notice of Associated Addresses, Satisfies OSHA Service for Summary Enforcement

Date: Oct 1, 2025

Refusal Is Not a Shield: Seventh Circuit Confirms That “Reasonably Calculated” Notice, Including Alternative Delivery and Judicial Notice of Associated Addresses, Satisfies OSHA Service for Summary...

No Clearly Established Fourth Amendment Bar to Trousers-Down Gun Search or 20‑Minute Seclusion in Schools; Sixth Circuit Affirms Interlocutory Review of Qualified Immunity on Plaintiff’s Facts

Date: Oct 1, 2025

No Clearly Established Fourth Amendment Bar to Trousers-Down Gun Search or 20‑Minute Seclusion in Schools; Sixth Circuit Affirms Interlocutory Review of Qualified Immunity on Plaintiff’s Facts...

Fair Access, Not Blind Deference: Sixth Circuit Limits Preclusion of Prison Disciplinary Findings and Clarifies Video-Based Summary Judgment

Date: Oct 1, 2025

Fair Access, Not Blind Deference: Sixth Circuit Limits Preclusion of Prison Disciplinary Findings and Clarifies Video-Based Summary Judgment Introduction In Brent James Nash v. Austin Bryce and...

No Unwarranted Disparity Shown by Aggregate Statistics: Eleventh Circuit Affirms Statutory-Maximum Upward Variance and Consecutive Revocation Term for Immediate Recidivism in Child-Pornography Case

Date: Oct 1, 2025

No Unwarranted Disparity Shown by Aggregate Statistics: Eleventh Circuit Affirms Statutory-Maximum Upward Variance and Consecutive Revocation Term for Immediate Recidivism in Child-Pornography Case...

No Cognizable PSG for Generic Police Informants and No Political-Opinion Nexus; CAT Requires Particularized Risk: Second Circuit’s Summary Order in Velecela Rojas v. Bondi

Date: Oct 1, 2025

No Cognizable PSG for Generic Police Informants and No Political-Opinion Nexus; CAT Requires Particularized Risk: Second Circuit’s Summary Order in Velecela Rojas v. Bondi Court: United States Court...

Futility Requires Evidence and CAT Demands Official Acquiescence: Guidance from Masaquiza‑Masaquiza v. Bondi (2d Cir. 2025)

Date: Oct 1, 2025

Futility Requires Evidence and CAT Demands Official Acquiescence: Guidance from Masaquiza‑Masaquiza v. Bondi (2d Cir. 2025) Note: This decision is a Summary Order of the U.S. Court of Appeals for the...

Competency ≠ Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency and Demands Timely Appeals from Rule 37 Indicative Rulings — United States v. Vázquez‑Rijos

Date: Oct 1, 2025

Competency ≠ Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency and Demands Timely Appeals from Rule 37 Indicative Rulings Case: United States v. Vázquez‑Rijos (1st Cir.)...

Eleventh Circuit: Sentencing Statistics Alone Do Not Prove § 3553(a)(6) Disparity; Statutory-Max Upward Variance and Consecutive Revocation Term Upheld for Child-Pornography Recidivist

Date: Oct 1, 2025

Eleventh Circuit: Sentencing Statistics Alone Do Not Prove § 3553(a)(6) Disparity; Statutory-Max Upward Variance and Consecutive Revocation Term Upheld for Child-Pornography Recidivist Introduction...

Second Circuit Reaffirms Permissibility of §2L1.2 “Double Counting” and Deferential Substantive-Reasonableness Review in Illegal-Reentry Sentencing

Date: Oct 1, 2025

Second Circuit Reaffirms Permissibility of §2L1.2 “Double Counting” and Deferential Substantive-Reasonableness Review in Illegal-Reentry Sentencing Introduction In United States v. Garcia-Gonzalez,...

Compliance with New York’s Health‑Care Vaccine Rule Defeats Title VII Religious-Accommodation Claims Absent a Proposed Duty Change; Short-Term Leave Alone Does Not Plead an ADA Disability

Date: Oct 1, 2025

Compliance with New York’s Health‑Care Vaccine Rule Defeats Title VII Religious-Accommodation Claims Absent a Proposed Duty Change; Short-Term Leave Alone Does Not Plead an ADA Disability Case: Cagle...

Competency Is Not Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency Without Vouching, and Reaffirms Strict Timeliness for Appeals from Rule 37 Indicative Rulings

Date: Oct 1, 2025

Competency Is Not Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency Without Vouching, and Reaffirms Strict Timeliness for Appeals from Rule 37 Indicative Rulings...

Confidential Oversight Is Not “Public Disclosure,” and Undersheriffs Receive Absolute Immunity for On‑Duty Statements: A Commentary on Patrick Jones Jr. v. Lake County Sheriff’s Office (7th Cir. 2025)

Date: Oct 1, 2025

Confidential Oversight Is Not “Public Disclosure,” and Undersheriffs Receive Absolute Immunity for On‑Duty Statements Case: Patrick Jones Jr. v. Lake County Sheriff’s Office & Lawrence Oliver Court:...

No But-For Link: Sixth Circuit Narrows “Relevant Conduct” for Prior-Sentence Points After Amendment 821

Date: Oct 1, 2025

No But-For Link: Sixth Circuit Narrows “Relevant Conduct” for Prior-Sentence Points After Amendment 821 Introduction In United States v. Ronnie Edward Duke, the Sixth Circuit addressed a recurring...

No Bruen Abrogation of § 922(g)(1) in the Eleventh Circuit; Harmlessness via Keene Where District Court Announces Identical Alternative Sentence

Date: Oct 1, 2025

No Bruen Abrogation of § 922(g)(1) in the Eleventh Circuit; Harmlessness via Keene Where District Court Announces Identical Alternative Sentence Commentary on United States v. Roderick Farrier, No....

Strong DNA on Trigger and Grip, Coupled with Access and Furtive Movements, Is Sufficient to Prove Knowing Possession Under § 922(g) Even When the Gun Is in a Passenger’s Purse

Date: Oct 1, 2025

Strong DNA on Trigger and Grip, Coupled with Access and Furtive Movements, Is Sufficient to Prove Knowing Possession Under § 922(g) Even When the Gun Is in a Passenger’s Purse Introduction This...

Physical Menace in Vermont Assault-and-Robbery Is a Crime of Violence Under the Guidelines’ Force Clause (Second Circuit Summary Order)

Date: Oct 1, 2025

Physical Menace in Vermont Assault-and-Robbery Is a Crime of Violence Under the Guidelines’ Force Clause (Second Circuit Summary Order) Case: United States v. Williams, No. 24-2696-cr (2d Cir. Sept....

Reaffirming a Particularly Deferential Substantive Reasonableness Review: Second Circuit Upholds High-End Guidelines Sentence Despite Lower Recommendations and Aggregate Disparity Data

Date: Oct 1, 2025

Reaffirming a Particularly Deferential Substantive Reasonableness Review: Second Circuit Upholds High-End Guidelines Sentence Despite Lower Recommendations and Aggregate Disparity Data Note: This is...

Judicial Notice of a Witness’s Prior Competency Finding Does Not Usurp the Jury’s Credibility Function: United States v. Vázquez‑Rijos (1st Cir.)

Date: Oct 1, 2025

Judicial Notice of a Witness’s Prior Competency Finding Does Not Usurp the Jury’s Credibility Function: United States v. Vázquez‑Rijos (1st Cir.) Introduction In a sprawling, multi-year prosecution...

Limited Judicial Notice of a Witness’s Prior Competency Finding and Strict Appellate Rules for Rule 37 Motions: United States v. Vázquez‑Rijos (1st Cir.)

Date: Oct 1, 2025

Limited Judicial Notice of a Witness’s Prior Competency Finding and Strict Appellate Rules for Rule 37 Motions: United States v. Vázquez‑Rijos Introduction This commentary analyzes the First...

Reaffirming Pasternack’s Narrow Duty for Drug-Testing Labs: Procedural Irregularities Alone Do Not State Negligence Under New York Law

Date: Oct 1, 2025

Reaffirming Pasternack’s Narrow Duty for Drug-Testing Labs: Procedural Irregularities Alone Do Not State Negligence Under New York Law Introduction In Spencer v. Omega Laboratories, Inc., No....

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