federal Case Commentaries

Waiver Rules Govern Stay Appeals: First Circuit Limits Reliance on Supreme Court Interim Orders and Enforces Rule 8 in Denying Stay of Injunction Against Agency Dismantlement

Date: Sep 12, 2025

Waiver Rules Govern Stay Appeals: First Circuit Limits Reliance on Supreme Court Interim Orders and Enforces Rule 8 in Denying Stay of Injunction Against Agency Dismantlement Introduction This...

First Circuit Validates HHS Pre-Deeming of FQHC Providers’ Hospital On‑Call Care and Holds FTCA Accrual Began at Death in Maternal Mortality Case

Date: Sep 12, 2025

First Circuit Validates HHS Pre-Deeming of FQHC Providers’ Hospital On‑Call Care and Holds FTCA Accrual Began at Death in Maternal Mortality Case Introduction In O'Brien v. United States, the First...

AMP Means Price Realized: Seventh Circuit Holds Wholesaler Clawbacks Must Be Included and Are Not Bona Fide Service Fees under the Medicaid Drug Rebate Program

Date: Sep 12, 2025

AMP Means Price Realized: Seventh Circuit Holds Wholesaler Clawbacks Must Be Included and Are Not Bona Fide Service Fees under the Medicaid Drug Rebate Program Introduction In a sweeping False Claims...

“Price Realized Means Price Paid”: Seventh Circuit Requires AMP to Include Clawbacks and Clarifies FCA Falsity, Scienter, and Materiality

Date: Sep 12, 2025

“Price Realized Means Price Paid”: Seventh Circuit Requires AMP to Include Clawbacks and Clarifies FCA Falsity, Scienter, and Materiality Case: United States, et al., ex rel. Ronald J. Streck v. Eli...

Offense Seriousness May Predominate: Eleventh Circuit Affirms 110-Year, Within-Guidelines Sentence for Child-Exploitation Production as Substantively Reasonable

Date: Sep 12, 2025

Offense Seriousness May Predominate: Eleventh Circuit Affirms 110-Year, Within-Guidelines Sentence for Child-Exploitation Production as Substantively Reasonable Introduction This unpublished, per...

Temporal Proximity and Similarity, Without Regularity, Can Establish Relevant Conduct for Drug Trafficking (5th Cir. Unpublished)

Date: Sep 12, 2025

Temporal Proximity and Similarity, Without Regularity, Can Establish Relevant Conduct for Drug Trafficking (5th Cir. Unpublished) Case: United States v. Griffin, No. 24-50247 (5th Cir. Sept. 11,...

“AMP Means the Price Actually Realized”: Seventh Circuit Requires Inclusion of Wholesaler Clawbacks and Clarifies Objective Falsity Under the FCA

Date: Sep 12, 2025

“AMP Means the Price Actually Realized”: Seventh Circuit Requires Inclusion of Wholesaler Clawbacks and Clarifies Objective Falsity Under the FCA Introduction In United States, et al., ex rel. Ronald...

Using Supervised Release to Enforce Prior Restitution and Clarifying the Fentanyl “Misrepresentation” Enhancement: Commentary on United States v. Algyn Kerney (6th Cir. 2025)

Date: Sep 12, 2025

Using Supervised Release to Enforce Prior Restitution and Clarifying the Fentanyl “Misrepresentation” Enhancement: Commentary on United States v. Algyn Kerney (6th Cir. 2025) Introduction In this...

No Notice Needed for Upward Variances; Counterfeit‑Pill Enhancement and Prior‑Restitution Payment Condition Upheld — United States v. Sanders et al. (6th Cir. 2025)

Date: Sep 12, 2025

No Notice Needed for Upward Variances; Counterfeit‑Pill Enhancement and Prior‑Restitution Payment Condition Upheld — United States v. Sanders et al. (6th Cir. 2025) Court: U.S. Court of Appeals for...

Feagin v. Mansfield Police Department: Sixth Circuit Clarifies Post-Barnes Temporal Scope for Use-of-Force Analysis and Confirms Robust Appellate Reliance on Video in Qualified Immunity Appeals

Date: Sep 12, 2025

After Barnes, Consider All Proximate Pre-Force Events: Sixth Circuit Clarifies Temporal Scope and Confirms Appellate Reliance on Video in Qualified Immunity Appeals Introduction In Ulysses Feagin v....

Double Deference Reaffirmed: Showing Strickland Prejudice on Competency Claims Requires Proof of Likely Incompetence, Not Just Eligibility for a Competency Trial

Date: Sep 12, 2025

Double Deference Reaffirmed: Showing Strickland Prejudice on Competency Claims Requires Proof of Likely Incompetence, Not Just Eligibility for a Competency Trial Case: Lizcano v. Guerrero Court:...

Waiver of Removal Requires “Clear and Unequivocal” Submission to State Merits; Filing a TCPA Motion and Discovery Stay Do Not Suffice

Date: Sep 12, 2025

Waiver of Removal Requires “Clear and Unequivocal” Submission to State Merits; Filing a TCPA Motion and Discovery Stay Do Not Suffice Introduction In Abraham Watkins Nichols Agosto Aziz & Stogner v....

Pre-enforcement Excessive Fines Challenges to IRA §5000D Excise Tax Are Barred by the Anti-Injunction and Declaratory Judgment Acts; Voluntariness of Medicare Drug Price Negotiations Reaffirmed

Date: Sep 12, 2025

Pre-enforcement Excessive Fines Challenges to IRA §5000D Excise Tax Are Barred by the Anti-Injunction and Declaratory Judgment Acts; Voluntariness of Medicare Drug Price Negotiations Reaffirmed...

No Country-Conditions Hardship When Children Remain in the U.S.: The Third Circuit’s Post‑Wilkinson Roadmap for Reviewing Cancellation of Removal and Enforcing Exhaustion

Date: Sep 12, 2025

No Country-Conditions Hardship When Children Remain in the U.S.: The Third Circuit’s Post‑Wilkinson Roadmap for Reviewing Cancellation of Removal and Enforcing Exhaustion Introduction In Edin Samuel...

Approving the Grievance Undercuts Retaliation; Eighteen Days Without a Mattress Is Not “Objectively Serious” Under the Eighth Amendment

Date: Sep 12, 2025

Approving the Grievance Undercuts Retaliation; Eighteen Days Without a Mattress Is Not “Objectively Serious” Under the Eighth Amendment Introduction In Eddie James Moultrie v. G. Edwards (11th Cir....

AMP Means the Price Realized: Seventh Circuit Holds Post‑Sale “Clawbacks” Must Be Included and Are Not Bona Fide Service Fees (United States ex rel. Streck v. Eli Lilly)

Date: Sep 12, 2025

AMP Means the Price Realized: Post‑Sale “Clawbacks” Must Be Included and Are Not Bona Fide Service Fees United States ex rel. Streck v. Eli Lilly and Company (7th Cir. Sept. 11, 2025) Introduction...

Respondent Must Invoke Right to Review Evidence: Second Circuit Reads 8 C.F.R. § 1240.10(a)(4) as Advisory Only and Reaffirms Presumption of Competence in Removal Proceedings

Date: Sep 12, 2025

Respondent Must Invoke Right to Review Evidence: Second Circuit Reads 8 C.F.R. § 1240.10(a)(4) as Advisory Only and Reaffirms Presumption of Competence in Removal Proceedings Note: This is a summary...

Sixth Circuit: Employees Must Give “Reasonably Specific” Notice of Religious Conflicts; Safety Risks and Testing Logistics Can Create Title VII Undue Hardship

Date: Sep 12, 2025

Sixth Circuit: Employees Must Give “Reasonably Specific” Notice of Religious Conflicts; Safety Risks and Testing Logistics Can Create Title VII Undue Hardship Introduction In Christina Henry v....

No Individualized Dangerousness Assessment for Drug‑Trafficking Felons Under § 922(g)(1): Fifth Circuit Harmonizes Reyes with Kimble in United States v. Orozco

Date: Sep 12, 2025

No Individualized Dangerousness Assessment for Drug‑Trafficking Felons Under § 922(g)(1): Fifth Circuit Harmonizes Reyes with Kimble in United States v. Orozco Introduction In United States v....

AMP Must Include Price-Value Clawbacks: The Seventh Circuit’s plain-meaning rule for Medicaid rebate reporting and the limits of “reasonable assumptions” under the FCA

Date: Sep 12, 2025

AMP Must Include Price-Value Clawbacks: The Seventh Circuit’s plain-meaning rule for Medicaid rebate reporting and the limits of “reasonable assumptions” under the FCA Introduction In United States,...

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