federal Case Commentaries

Sixth Circuit: Seeking a Merits Dismissal Before Invoking Arbitration Constitutes FAA “Default,” Extinguishing the Right to Arbitrate

Date: Aug 31, 2025

Sixth Circuit: Seeking a Merits Dismissal Before Invoking Arbitration Constitutes FAA “Default,” Extinguishing the Right to Arbitrate Introduction This published decision of the U.S. Court of Appeals...

Tenth Circuit Clarifies: Neutral COVID-19 Vaccination Attestation Is Not an ADA “Medical Inquiry,” and Termination for Noncompliance with a Generally Applicable Vaccine Policy Does Not State ADA Retaliation

Date: Aug 31, 2025

Tenth Circuit Clarifies: Neutral COVID-19 Vaccination Attestation Is Not an ADA “Medical Inquiry,” and Termination for Noncompliance with a Generally Applicable Vaccine Policy Does Not State ADA...

Parental Orchestration Is Not a Shield: Tenth Circuit Reaffirms Broad Discretion to Transfer Juveniles to Adult Court Where Dangerousness Outweighs Amenability to Treatment

Date: Aug 31, 2025

Parental Orchestration Is Not a Shield: Tenth Circuit Reaffirms Broad Discretion to Transfer Juveniles to Adult Court Where Dangerousness Outweighs Amenability to Treatment Case: United States v....

Counsel of Choice Is Not Absolute: Tenth Circuit Denies COA Where Indigent Defendant Sought Eleventh-Hour Substitution Without Showing Retained Counsel

Date: Aug 31, 2025

Counsel of Choice Is Not Absolute: Tenth Circuit Denies COA Where Indigent Defendant Sought Eleventh-Hour Substitution Without Showing Retained Counsel Introduction In United States v. Laskey, No....

No Innocent Construction for Accusations of POA Self‑Dealing; Employee Admissions Admissible to Prove Abuse of Qualified Privilege; Estate-Administrator Access Falls Within PIPA’s Good‑Faith Exception

Date: Aug 31, 2025

No Innocent Construction for Accusations of POA Self‑Dealing; Employee Admissions Admissible to Prove Abuse of Qualified Privilege; Estate-Administrator Access Falls Within PIPA’s Good‑Faith...

Intended Loss Includes Pre‑Scheme Funds Placed at Risk; No Investor‑by‑Investor Tracing Required, and Restitution May Cover All Scheme Victims — United States v. Miller (7th Cir. 2025)

Date: Aug 31, 2025

Intended Loss Includes Pre‑Scheme Funds Placed at Risk; No Investor‑by‑Investor Tracing Required, and Restitution May Cover All Scheme Victims — United States v. Miller (7th Cir. 2025) Introduction...

Toward the “Vanishing Point”: First Circuit Clarifies Minimal Weight for Structural Conflicts When Administrators Mitigate Bias and Provide Reasoned Explanations under ERISA — Commentary on Bernitz v. USAble Life

Date: Aug 31, 2025

Toward the “Vanishing Point”: First Circuit Clarifies Minimal Weight for Structural Conflicts When Administrators Mitigate Bias and Provide Reasoned Explanations under ERISA — Commentary on Bernitz...

Post-Bruen Challenges to Pistol Permit Denials: Second Circuit Reaffirms Absolute Judicial Immunity and Eleventh Amendment Limits on Suits Against State Judges

Date: Aug 31, 2025

Post-Bruen Challenges to Pistol Permit Denials: Second Circuit Reaffirms Absolute Judicial Immunity and Eleventh Amendment Limits on Suits Against State Judges Introduction This commentary analyzes...

Terminal-Only Mandates Are ANCA “Access Restrictions” Even If Valid Under the ADA’s Proprietor Exception: Commentary on Delux Public Charter v. County of Westchester (2d Cir. 2025, Summary Order)

Date: Aug 31, 2025

Terminal-Only Mandates Are ANCA “Access Restrictions” Even If Valid Under the ADA’s Proprietor Exception In Delux Public Charter v. County of Westchester, the Second Circuit (by summary order) held...

Self‑Evident Rationale and Reasonable‑Suspicion Digital Search Conditions on Supervised Release: The Second Circuit’s Affirmance in United States v. Miller

Date: Aug 31, 2025

Self‑Evident Rationale and Reasonable‑Suspicion Digital Search Conditions on Supervised Release: The Second Circuit’s Affirmance in United States v. Miller Note: This decision was issued as a Summary...

The Blocking-Date Rule: Second Circuit Holds TRIA “Agency or Instrumentality” Status Is Fixed as of the Date Assets Are Blocked, While Confirming FSIA Immunity for Central Bank Funds

Date: Aug 31, 2025

The Blocking-Date Rule: Second Circuit Holds TRIA “Agency or Instrumentality” Status Is Fixed as of the Date Assets Are Blocked, While Confirming FSIA Immunity for Central Bank Funds Introduction...

Second Circuit Holds LoLA’s Six‑Month Deadline Is a Non‑Jurisdictional Claim‑Processing Rule; Untimely Petitions Must Be Dismissed Under Rule 12(b)(6)

Date: Aug 31, 2025

Second Circuit Holds LoLA’s Six‑Month Deadline Is a Non‑Jurisdictional Claim‑Processing Rule; Untimely Petitions Must Be Dismissed Under Rule 12(b)(6) Introduction This commentary analyzes the Second...

No Ratification Without Agreement to Be Bound: Second Circuit Clarifies Rule 17 in Trademark Suits and Limits Non‑Owner § 43(a) Standing When Enforcement Rights Are Assigned

Date: Aug 31, 2025

No Ratification Without Agreement to Be Bound: Second Circuit Clarifies Rule 17 in Trademark Suits and Limits Non‑Owner § 43(a) Standing When Enforcement Rights Are Assigned Introduction In Ripple...

Brief-Detention Exception Clarified: Eleventh Circuit Allows Consideration of Uncommunicated Officer Knowledge to Uphold Warrant-Based Seizures for Qualified Immunity

Date: Aug 31, 2025

Brief-Detention Exception Clarified: Eleventh Circuit Allows Consideration of Uncommunicated Officer Knowledge to Uphold Warrant-Based Seizures for Qualified Immunity Case: Brandon Joseph Phillips v....

Implicit Waiver of Counsel and the IJ’s Record-Development Duty: Eleventh Circuit Clarifies Due Process Baselines in Pro Se Removal Proceedings

Date: Aug 31, 2025

Implicit Waiver of Counsel and the IJ’s Record-Development Duty: Eleventh Circuit Clarifies Due Process Baselines in Pro Se Removal Proceedings Introduction In Keriekan Palmer v. U.S. Attorney...

Eleventh Circuit Clarifies: 28 U.S.C. § 1927 Does Not Reach Non‑Attorney Pro Se Litigants

Date: Aug 31, 2025

Eleventh Circuit Clarifies: 28 U.S.C. § 1927 Does Not Reach Non‑Attorney Pro Se Litigants Case: Laura Perryman v. Tarek Kiem, et al. (In re Micron Devices) Court: U.S. Court of Appeals for the...

Eleventh Circuit Clarifies: No § 7431 Liability Against Purely Private Actors Absent a Predicate § 6103/§ 6104(c) Violation

Date: Aug 31, 2025

Eleventh Circuit Clarifies: No § 7431 Liability Against Purely Private Actors Absent a Predicate § 6103/§ 6104(c) Violation Case: Robert Winenger v. April Martin Lowry Court: United States Court of...

Waiver Means Tolling, Not Amnesty: Eleventh Circuit Clarifies Georgia Insurance Law on Suit-Limitation Waivers, “Prompt” Notice, and the Meaning of “Suspension” for Business-Income Coverage

Date: Aug 31, 2025

Waiver Means Tolling, Not Amnesty: Eleventh Circuit Clarifies Georgia Insurance Law on Suit-Limitation Waivers, “Prompt” Notice, and the Meaning of “Suspension” for Business-Income Coverage...

Misplacing §1591(c)’s “Reasonable Opportunity to Observe” in Force-Based Sex-Trafficking Charges Is Surplusage; Invited Error Bars Review of Instructional Misstatements

Date: Aug 31, 2025

Misplacing §1591(c)’s “Reasonable Opportunity to Observe” in Force-Based Sex-Trafficking Charges Is Surplusage; Invited Error Bars Review of Instructional Misstatements Introduction This commentary...

No-Count Rule for Undated Mail Ballots Fails Anderson-Burdick: Third Circuit Requires Evidence-Backed Justifications for Even Minimal Voting Burdens

Date: Aug 31, 2025

No-Count Rule for Undated Mail Ballots Fails Anderson-Burdick: Third Circuit Requires Evidence-Backed Justifications for Even Minimal Voting Burdens Case: Bette Eakin v. Adams County Board of...

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