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  • Commentaries
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federal Case Commentaries

No Continuing Violation for FDCPA Suits Based on Debt-Collection Litigation; Post-Complaint Filings Do Not Restart the One-Year Clock

No Continuing Violation for FDCPA Suits Based on Debt-Collection Litigation; Post-Complaint Filings Do Not Restart the One-Year Clock

Date: Sep 27, 2025
No Continuing Violation for FDCPA Suits Based on Debt-Collection Litigation; Post-Complaint Filings Do Not Restart the One-Year Clock Case: Helisha Moore v. Cohn, Lifland, Pearlman, Hermann & Knoph...
Davis v. Curtis: Tenth Circuit Reaffirms Continuing Court‑Martial Jurisdiction After ETS and Strict “Full and Fair Consideration” Limits on § 2241 Review

Davis v. Curtis: Tenth Circuit Reaffirms Continuing Court‑Martial Jurisdiction After ETS and Strict “Full and Fair Consideration” Limits on § 2241 Review

Date: Sep 27, 2025
Continuing Court‑Martial Jurisdiction After ETS and the Strict Dodson Gatekeeper for Military Habeas Review: Commentary on Davis v. Curtis (10th Cir. Sept. 25, 2025) Introduction In Davis v. Curtis,...
No Interlocutory Appeal From Denial of Motion to Dismiss Criminal Contempt: Tenth Circuit Reaffirms “Substance Over Form” and the Narrow Reach of the Collateral-Order Doctrine and 28 U.S.C. § 1292(a)

No Interlocutory Appeal From Denial of Motion to Dismiss Criminal Contempt: Tenth Circuit Reaffirms “Substance Over Form” and the Narrow Reach of the Collateral-Order Doctrine and 28 U.S.C. § 1292(a)

Date: Sep 27, 2025
No Interlocutory Appeal From Denial of Motion to Dismiss Criminal Contempt: Tenth Circuit Reaffirms “Substance Over Form” and the Narrow Reach of the Collateral-Order Doctrine and 28 U.S.C. § 1292(a)...
Financing Is Not “Labor or Material” Under Subcontract Payment Bonds; Oklahoma’s Parol‑Evidence Stranger Exception Applies; Prevailing Defendants May Recover Fees Under § 936 Based on the Suit’s Gravamen

Financing Is Not “Labor or Material” Under Subcontract Payment Bonds; Oklahoma’s Parol‑Evidence Stranger Exception Applies; Prevailing Defendants May Recover Fees Under § 936 Based on the Suit’s Gravamen

Date: Sep 27, 2025
Financing Is Not “Labor or Material” Under Subcontract Payment Bonds; Oklahoma’s Parol‑Evidence Stranger Exception Applies; Prevailing Defendants May Recover Fees Under § 936 Based on the Suit’s...
Reasonable Misperception of a Drawn Gun Supports Qualified Immunity Even with Inconclusive Bodycam Footage

Reasonable Misperception of a Drawn Gun Supports Qualified Immunity Even with Inconclusive Bodycam Footage

Date: Sep 27, 2025
Reasonable Misperception of a Drawn Gun Supports Qualified Immunity Even with Inconclusive Bodycam Footage Introduction This commentary analyzes the Seventh Circuit’s decision in Earnise Pam v. City...
Remote Work for In‑Person K‑12 Teaching Requires Plausible, Specific ADA Pleadings; Denial of Accommodation Alone Is Not a Retaliatory Adverse Action

Remote Work for In‑Person K‑12 Teaching Requires Plausible, Specific ADA Pleadings; Denial of Accommodation Alone Is Not a Retaliatory Adverse Action

Date: Sep 27, 2025
Remote Work for In‑Person K‑12 Teaching Requires Plausible, Specific ADA Pleadings; Denial of Accommodation Alone Is Not a Retaliatory Adverse Action Introduction In Bodie-Jernigan v. School Board of...
Actual Reliance and Invited Error: Eleventh Circuit Clarifies Challenges to Sentences Based on Disputed PSI Facts

Actual Reliance and Invited Error: Eleventh Circuit Clarifies Challenges to Sentences Based on Disputed PSI Facts

Date: Sep 27, 2025
Actual Reliance and Invited Error: Eleventh Circuit Clarifies Challenges to Sentences Based on Disputed PSI Facts Introduction In United States v. Jacob Elijah Groover, No. 24-13068 (11th Cir. Sept....
Second Circuit Reaffirms Sloley I: Visual Body Cavity Searches Require Reasonable Suspicion of Concealment Inside a Body Cavity; Erroneous “in or on” Jury Instruction Warrants New Trial

Second Circuit Reaffirms Sloley I: Visual Body Cavity Searches Require Reasonable Suspicion of Concealment Inside a Body Cavity; Erroneous “in or on” Jury Instruction Warrants New Trial

Date: Sep 27, 2025
Second Circuit Reaffirms Sloley I: Visual Body Cavity Searches Require Reasonable Suspicion of Concealment Inside a Body Cavity; Erroneous “in or on” Jury Instruction Warrants New Trial Case: Sloley...
Reaffirming the High Bar for Post‑Judgment Relief: Eleventh Circuit Clarifies that Alleged Opponent‑Induced Attorney Conflicts and Summary‑Judgment Misstatements Do Not Constitute Rule 60 Fraud or “Exceptional Circumstances” Without Clear, Prejudicial Proof

Reaffirming the High Bar for Post‑Judgment Relief: Eleventh Circuit Clarifies that Alleged Opponent‑Induced Attorney Conflicts and Summary‑Judgment Misstatements Do Not Constitute Rule 60 Fraud or “Exceptional Circumstances” Without Clear, Prejudicial Proof

Date: Sep 27, 2025
Reaffirming the High Bar for Post‑Judgment Relief: Eleventh Circuit Clarifies that Alleged Opponent‑Induced Attorney Conflicts and Summary‑Judgment Misstatements Do Not Constitute Rule 60 Fraud or...
Ambiguity in Pro Se Filing Timing and Accrual of False Imprisonment Precludes 12(b)(6) Time-Bar Dismissal: Corley v. Rantab Enterprises, Inc. (2d Cir. 2025)

Ambiguity in Pro Se Filing Timing and Accrual of False Imprisonment Precludes 12(b)(6) Time-Bar Dismissal: Corley v. Rantab Enterprises, Inc. (2d Cir. 2025)

Date: Sep 27, 2025
Ambiguity in Pro Se Filing Timing and Accrual of False Imprisonment Precludes 12(b)(6) Time-Bar Dismissal Introduction In a nonprecedential but instructive summary order, the United States Court of...
Inquiry Notice Triggers OUTSA Limitations and “New Matter” Limits Derivative Software Registrations: Cincom Systems, Inc. v. LabWare, Inc.

Inquiry Notice Triggers OUTSA Limitations and “New Matter” Limits Derivative Software Registrations: Cincom Systems, Inc. v. LabWare, Inc.

Date: Sep 27, 2025
Inquiry Notice Triggers OUTSA Limitations and “New Matter” Limits Derivative Software Registrations: Cincom Systems, Inc. v. LabWare, Inc. Introduction In Cincom Systems, Inc. v. LabWare, Inc., No....
Circumstantial Evidence and Motive Can Sustain Sentencing Fact-Finding; Unpreserved Procedural Claims Face Plain-Error Hurdle — United States v. Meyers (11th Cir. 2025)

Circumstantial Evidence and Motive Can Sustain Sentencing Fact-Finding; Unpreserved Procedural Claims Face Plain-Error Hurdle — United States v. Meyers (11th Cir. 2025)

Date: Sep 27, 2025
Circumstantial Evidence and Motive Can Sustain Sentencing Fact-Finding; Unpreserved Procedural Claims Face Plain-Error Hurdle Case: United States v. Leslie Meyers, No. 24-12915 (11th Cir. Sept. 26,...
No Post‑Judgment Conversion to Concurrency: Eleventh Circuit Affirms That Only Statutory Mechanisms Permit Changing a Federal Sentence to Run Concurrently with a Later‑Imposed State Term

No Post‑Judgment Conversion to Concurrency: Eleventh Circuit Affirms That Only Statutory Mechanisms Permit Changing a Federal Sentence to Run Concurrently with a Later‑Imposed State Term

Date: Sep 27, 2025
No Post‑Judgment Conversion to Concurrency: Eleventh Circuit Affirms That Only Statutory Mechanisms Permit Changing a Federal Sentence to Run Concurrently with a Later‑Imposed State Term Introduction...
Post-Wade Deliberate Indifference: Knowingly Ineffective Treatment and Cancellation of IV Antibiotics Can Establish Subjective Recklessness — Commentary on Canyon Moye v. Pouparinas (11th Cir. 2025)

Post-Wade Deliberate Indifference: Knowingly Ineffective Treatment and Cancellation of IV Antibiotics Can Establish Subjective Recklessness — Commentary on Canyon Moye v. Pouparinas (11th Cir. 2025)

Date: Sep 27, 2025
Post-Wade Deliberate Indifference: Knowingly Ineffective Treatment and Cancellation of IV Antibiotics Can Establish Subjective Recklessness Case: Canyon Duff Moye v. Manuel Pouparinas Court: U.S....
Harmless-Error Rule in Supervised-Release Revocations: One Proven Violation Suffices, and Unnecessary Findings Do Not Upset Revocation or Sentence When the Guidelines Range Is Unchanged

Harmless-Error Rule in Supervised-Release Revocations: One Proven Violation Suffices, and Unnecessary Findings Do Not Upset Revocation or Sentence When the Guidelines Range Is Unchanged

Date: Sep 27, 2025
Harmless-Error Rule in Supervised-Release Revocations: One Proven Violation Suffices, and Unnecessary Findings Do Not Upset Revocation or Sentence When the Guidelines Range Is Unchanged Introduction...
No “In-for-One, In-for-All” Duty for Non‑Insurer Indemnitors Under Illinois Law: Second Circuit’s Predictive Ruling in BP Products North America Inc. v. ExxonMobil Corp. (Summary Order)

No “In-for-One, In-for-All” Duty for Non‑Insurer Indemnitors Under Illinois Law: Second Circuit’s Predictive Ruling in BP Products North America Inc. v. ExxonMobil Corp. (Summary Order)

Date: Sep 27, 2025
No “In-for-One, In-for-All” Duty for Non‑Insurer Indemnitors Under Illinois Law: Second Circuit’s Predictive Ruling in BP Products North America Inc. v. ExxonMobil Corp. (Summary Order) Introduction...
No Exhaustion Without Sworn Proof: Third Circuit Reinforces Declaration Requirement in PLRA Disputes (Payne v. Gourley)

No Exhaustion Without Sworn Proof: Third Circuit Reinforces Declaration Requirement in PLRA Disputes (Payne v. Gourley)

Date: Sep 26, 2025
No Exhaustion Without Sworn Proof: Third Circuit Reinforces Declaration Requirement in PLRA Disputes Commentary on Payne v. Gourley, No. 25-1765 (3d Cir. Sept. 24, 2025) (nonprecedential)...
Acceptance of Responsibility Cannot Be Denied Based Solely on Pre‑Notice Arrest Conduct: Third Circuit Vacates Sentence in United States v. Guerrero Grimaldos

Acceptance of Responsibility Cannot Be Denied Based Solely on Pre‑Notice Arrest Conduct: Third Circuit Vacates Sentence in United States v. Guerrero Grimaldos

Date: Sep 26, 2025
Acceptance of Responsibility Cannot Be Denied Based Solely on Pre‑Notice Arrest Conduct: Third Circuit Vacates Sentence in United States v. Guerrero Grimaldos Court: U.S. Court of Appeals for the...
Rebutting the SGA Presumption Requires Concrete Proof of Subsidy: Fourth Circuit Affirms Step-Four Denial Based on Religious Employment and “As Actually Performed” Past Work

Rebutting the SGA Presumption Requires Concrete Proof of Subsidy: Fourth Circuit Affirms Step-Four Denial Based on Religious Employment and “As Actually Performed” Past Work

Date: Sep 26, 2025
Rebutting the SGA Presumption Requires Concrete Proof of Subsidy: Fourth Circuit Affirms Step-Four Denial Based on Religious Employment and “As Actually Performed” Past Work Case: William Kinlaw v....
Second Circuit reaffirms: Gang defection is not “political opinion” and CAT relief demands individualized proof and government acquiescence

Second Circuit reaffirms: Gang defection is not “political opinion” and CAT relief demands individualized proof and government acquiescence

Date: Sep 26, 2025
Second Circuit reaffirms: Gang defection is not “political opinion” and CAT relief demands individualized proof and government acquiescence Introduction In Ramirez Alvarado v. Bondi (No. 21-6603,...
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