federal Case Commentaries

“AMP Means the Price Actually Realized”: Seventh Circuit Rejects Bona Fide Service Fee Treatment of Price-Increase Clawbacks and Affirms FCA Liability

Date: Sep 12, 2025

“AMP Means the Price Actually Realized”: Seventh Circuit Rejects Bona Fide Service Fee Treatment of Price-Increase Clawbacks and Affirms FCA Liability Introduction In United States, et al., ex rel....

Approving a Prisoner’s Grievances Undercuts Retaliation Claims; Eighteen Days Without a Mattress Is Not “Objectively” Cruel and Unusual in the Eleventh Circuit

Date: Sep 12, 2025

Approving a Prisoner’s Grievances Undercuts Retaliation Claims; Eighteen Days Without a Mattress Is Not “Objectively” Cruel and Unusual in the Eleventh Circuit Introduction In Eddie James Moultrie v....

Haverkamp v. Linthicum: No Standing Without a Likely Medical Referral — Fifth Circuit Clarifies Traceability and Redressability in Prison-Surgery Challenges

Date: Sep 12, 2025

Haverkamp v. Linthicum: No Standing Without a Likely Medical Referral — Fifth Circuit Clarifies Traceability and Redressability in Prison-Surgery Challenges Introduction In Haverkamp v. Linthicum,...

Clarifying “Antitrust Injury” vs. Substantive Pleading and Reaffirming Rule‑of‑Reason Requirements for Vertical Restraints: Amigo Shuttle v. Port Authority (2d Cir. 2025)

Date: Sep 12, 2025

Clarifying “Antitrust Injury” vs. Substantive Pleading and Reaffirming Rule‑of‑Reason Requirements for Vertical Restraints: Amigo Shuttle v. Port Authority (2d Cir. 2025) Court: U.S. Court of Appeals...

No Pendent Review of Contract Formation and Merits-First Litigation Defaults Arbitration Rights: Sixth Circuit Clarifies FAA §16(a) Scope and §3 “Default” in Schnatter v. 247 Group

Date: Sep 11, 2025

No Pendent Review of Contract Formation and Merits-First Litigation Defaults Arbitration Rights: Sixth Circuit Clarifies FAA §16(a) Scope and §3 “Default” in Schnatter v. 247 Group Introduction In a...

Counting Pre‑Cooperation Buyers and Prior Suppliers as “Participants” Under U.S.S.G. § 3B1.1(b): United States v. Monroe (11th Cir. 2025)

Date: Sep 11, 2025

Counting Pre‑Cooperation Buyers and Prior Suppliers as “Participants” Under U.S.S.G. § 3B1.1(b): United States v. Monroe (11th Cir. 2025) Introduction In United States v. Lennard Rashard Monroe, a...

“Subdued” Does Not Mean “Handcuffed”: First Circuit Extends the Clearly Established Prohibition on Prone Compression to the Pre-Cuffing Phase

Date: Sep 11, 2025

“Subdued” Does Not Mean “Handcuffed”: First Circuit Extends the Clearly Established Prohibition on Prone Compression to the Pre-Cuffing Phase Introduction In Miller v. Roycroft, No. 24-1351 (1st Cir....

Refusal of OSHA Certified Mail Does Not Defeat Service: Alternative Delivery and Judicial Notice of Address Satisfy Due Process

Date: Sep 11, 2025

Refusal of OSHA Certified Mail Does Not Defeat Service: Alternative Delivery and Judicial Notice of Address Satisfy Due Process Introduction In Lori Chavez-DeRemer v. Elmer Miller d/b/a Miller...

NCMEC Is a Governmental Entity for Fourth Amendment Purposes, But ESP Hash-Matching Alone Does Not Make Providers Government Agents: A Comprehensive Commentary on United States v. Guard (2d Cir. 2025)

Date: Sep 11, 2025

NCMEC Is a Governmental Entity for Fourth Amendment Purposes, But ESP Hash-Matching Alone Does Not Make Providers Government Agents Comprehensive Commentary on United States v. Guard, No. 23-6886 (2d...

Accommodation Cannot Compel Illegality: Second Circuit Reaffirms that Title VII Does Not Require Employers to Violate State Vaccination Rules, and Uniform Mandates Do Not Support ADA “Regarded As” Claims

Date: Sep 11, 2025

Accommodation Cannot Compel Illegality: Second Circuit Reaffirms that Title VII Does Not Require Employers to Violate State Vaccination Rules, and Uniform Mandates Do Not Support ADA “Regarded As”...

Principles, Not Twins: The Third Circuit’s Sensitive-Places Framework After Bruen and Rahimi — Koons v. Attorney General of New Jersey

Date: Sep 11, 2025

Principles, Not Twins: The Third Circuit’s Sensitive-Places Framework After Bruen and Rahimi Commentary on Koons v. Attorney General New Jersey (3d Cir. Sept. 10, 2025) Introduction In Koons v....

Addressing the Central Thesis Suffices: Fourth Circuit Reaffirms Minimal Explanation and Harmless Error for Consecutive Revocation Sentences

Date: Sep 11, 2025

Addressing the Central Thesis Suffices: Fourth Circuit Reaffirms Minimal Explanation and Harmless Error for Consecutive Revocation Sentences Introduction This commentary analyzes the Fourth Circuit’s...

Internal Affairs, Not Foreign Receivers, Controls Bankruptcy Authority; Product‑Line Successor Claims Are Property of the Estate — A Comprehensive Commentary on In re Whittaker Clark & Daniels, Inc. (3d Cir. 2025)

Date: Sep 11, 2025

Internal Affairs, Not Foreign Receivers, Controls Bankruptcy Authority; Product‑Line Successor Claims Are Property of the Estate A comprehensive commentary on In re Whittaker Clark & Daniels, Inc.,...

Eleventh Circuit Clarifies PLRA “Three-Strikes”: Jurisdictional Dismissals and Prior § 1915(g) Dismissals Do Not Count Absent an Express Failure-to-State-a-Claim Basis

Date: Sep 11, 2025

Eleventh Circuit Clarifies PLRA “Three-Strikes”: Jurisdictional Dismissals and Prior § 1915(g) Dismissals Do Not Count Absent an Express Failure-to-State-a-Claim Basis Case: George Walter Brewster,...

Device‑Location Data Is CPNI Under § 222: Second Circuit Upholds FCC Forfeiture and Clarifies Seventh Amendment Path via § 504(a)

Date: Sep 11, 2025

Device‑Location Data Is CPNI Under § 222: Second Circuit Upholds FCC Forfeiture and Clarifies Seventh Amendment Path via § 504(a) Introduction This commentary analyzes the Second Circuit’s decision...

For Pre‑2021 Asylum Filings, Past Persecution Triggers a Presumption that Internal Relocation Is Unreasonable—Burden Rests with DHS (Sahni v. Bondi)

Date: Sep 11, 2025

For Pre‑2021 Asylum Filings, Past Persecution Triggers a Presumption that Internal Relocation Is Unreasonable—Burden Rests with DHS (Sahni v. Bondi) Introduction This commentary analyzes the Second...

Pretext Turns on the Decisionmaker’s Actual Belief; Temporal Proximity Alone Cannot Overcome Documented, Pre‑Existing Nonrenewal Plans

Date: Sep 11, 2025

Pretext Turns on the Decisionmaker’s Actual Belief; Temporal Proximity Alone Cannot Overcome Documented, Pre‑Existing Nonrenewal Plans Introduction In this unpublished decision, the Fourth Circuit...

“Children” Means Under 18 for § 2251(e), and § 3283’s Child‑Abuse Limitations Apply to Mann Act § 2421: Commentary on United States v. Deakins (6th Cir. 2025)

Date: Sep 11, 2025

“Children” Means Under 18 for § 2251(e), and § 3283’s Child‑Abuse Limitations Apply to Mann Act § 2421: Commentary on United States v. Deakins (6th Cir. 2025) Introduction In United States v....

Sixth Circuit Holds First Step Act Time Credits Cannot Reduce Supervised Release; Habeas Challenges Become Moot Upon Release

Date: Sep 11, 2025

Sixth Circuit Holds First Step Act Time Credits Cannot Reduce Supervised Release; Habeas Challenges Become Moot Upon Release Case: Terrell Anthony Hargrove v. Ian Healy, No. 24-3809 (6th Cir. Sept....

Prospective Only: Fourth Circuit Limits Ex parte Young Relief in Takings Cases to Post-Judgment Interest on State-Held Unclaimed Property

Date: Sep 11, 2025

Prospective Only: Fourth Circuit Limits Ex parte Young Relief in Takings Cases to Post-Judgment Interest on State-Held Unclaimed Property Introduction In Steven G. Albert v. Brooke E. Lierman, the...

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