federal Case Commentaries

Sixth Circuit Clarifies Rule 801(d)(2)(D): HR Employees Who Merely Deliver Termination Decisions Are Not Opposing-Party Declarants

Date: Sep 11, 2025

Sixth Circuit Clarifies Rule 801(d)(2)(D): HR Employees Who Merely Deliver Termination Decisions Are Not Opposing-Party Declarants Introduction In Pearlie R. Hill v. TK Elevator Manufacturing, Inc.,...

Tenth Circuit Clarifies: No Post‑Judgment Right to Unseal or Obtain Records Absent a Particularized Legal Need or Pending Proceeding — United States v. Geddes

Date: Sep 11, 2025

Tenth Circuit Clarifies: No Post‑Judgment Right to Unseal or Obtain Records Absent a Particularized Legal Need or Pending Proceeding — United States v. Geddes Introduction In United States v. Geddes,...

Compatibility and Proximity Control: Third Circuit Reaffirms LCM Capability Under § 2K2.1(a)(3), Applies Perez’s Close‑Proximity Presumption, and Rejects Probationer’s Second Amendment Challenge

Date: Sep 11, 2025

Compatibility and Proximity Control: Third Circuit Reaffirms LCM Capability Under § 2K2.1(a)(3), Applies Perez’s Close‑Proximity Presumption, and Rejects Probationer’s Second Amendment Challenge...

Equitable Estoppel Cannot Broaden “Between the Parties” Arbitration Clauses; Principal’s Waiver Extinguishes an Agent’s Ability to Compel Arbitration — Fucci v. First American Title Insurance Co. (10th Cir. 2025)

Date: Sep 11, 2025

Equitable Estoppel Cannot Broaden “Between the Parties” Arbitration Clauses; Principal’s Waiver Extinguishes an Agent’s Ability to Compel Arbitration — Fucci v. First American Title Insurance Co....

Affirmance on Alternative Merits Grounds and Strict Limits on Pro Se Repleading: No First Amendment Bivens and WPA Applies Only to Federal Employees

Date: Sep 11, 2025

Affirmance on Alternative Merits Grounds and Strict Limits on Pro Se Repleading: No First Amendment Bivens and WPA Applies Only to Federal Employees Introduction In Jean Guillaume v. United States...

Second Circuit: Rule 37(b) Attorney Sanctions—Including MDL Leadership Removal and Common Benefit Restrictions—Are Not Immediately Appealable Under the Collateral Order Doctrine

Date: Sep 11, 2025

Second Circuit: Rule 37(b) Attorney Sanctions—Including MDL Leadership Removal and Common Benefit Restrictions—Are Not Immediately Appealable Under the Collateral Order Doctrine Introduction In In...

Finality First: Second-in-Time §2255 Filings During a Pending Appeal Are “Second or Successive”; District Courts Must Consider §3553(a) When Asked to Modify Supervised-Release Conditions

Date: Sep 11, 2025

Finality First: Second-in-Time §2255 Filings During a Pending Appeal Are “Second or Successive”; District Courts Must Consider §3553(a) When Asked to Modify Supervised-Release Conditions Introduction...

New York Claim Preclusion Reaffirmed: “Convenient Trial Unit” Is Non‑Dispositive; Different Contracts Do Not Avoid Res Judicata When Tied to the Same Transactional Nucleus

Date: Sep 11, 2025

New York Claim Preclusion Reaffirmed: “Convenient Trial Unit” Is Non‑Dispositive; Different Contracts Do Not Avoid Res Judicata When Tied to the Same Transactional Nucleus Introduction This...

Tenth Circuit Clarifies Appeal-Waiver Cap Tied to a Fixed Offense Level: A Sentence Below the Level-35 Top End Is Unappealable Even If the Court Calculates a Higher Offense Level

Date: Sep 11, 2025

Tenth Circuit Clarifies Appeal-Waiver Cap Tied to a Fixed Offense Level: A Sentence Below the Level-35 Top End Is Unappealable Even If the Court Calculates a Higher Offense Level Introduction In...

Principles-Based Sensitive-Places Doctrine: Third Circuit Upholds Most Location Bans, Invalidates Insurance Mandate and Private-Property Default in Koons v. Attorney General of New Jersey

Date: Sep 11, 2025

Principles-Based Sensitive-Places Doctrine: Third Circuit Upholds Most Location Bans, Invalidates Insurance Mandate and Private-Property Default in Koons v. Attorney General of New Jersey...

Title VII Retaliation After a Sexual-Assault Report: Sixth Circuit Requires Proof of a Reasonable, Good‑Faith Belief in Nonconsent; Intrinsic Consent Evidence Not Barred by Rule 412

Date: Sep 11, 2025

Title VII Retaliation After a Sexual-Assault Report: Sixth Circuit Requires Proof of a Reasonable, Good‑Faith Belief in Nonconsent; Intrinsic Consent Evidence Not Barred by Rule 412 Case: Samantha...

Nonjurisdictional Filing Defects and Estate Ownership of Product‑Line Successor Claims: Third Circuit’s Guidance in In re Whittaker Clark & Daniels

Date: Sep 11, 2025

Nonjurisdictional Filing Defects and Estate Ownership of Product‑Line Successor Claims: Third Circuit’s Guidance in In re Whittaker Clark & Daniels Introduction The Third Circuit’s precedential...

Recall Alone Is Not Enough for Article III Standing: Sixth Circuit Demands Plausible Contamination Allegations in Benefit-of-the-Bargain and Risk-of-Illness Suits

Date: Sep 11, 2025

Recall Alone Is Not Enough for Article III Standing: Sixth Circuit Demands Plausible Contamination Allegations in Benefit-of-the-Bargain and Risk-of-Illness Suits Case: Ward v. J.M. Smucker Co., No....

Eleventh Circuit Adopts Defendant‑Specific Reading of § 922(g)(1) and Limits “Imprisonment” to Actual Incarceration

Date: Sep 11, 2025

Eleventh Circuit Adopts Defendant‑Specific Reading of § 922(g)(1) and Limits “Imprisonment” to Actual Incarceration Introduction In United States v. Joshua Eugene Gaines, the Eleventh Circuit vacated...

United States v. Simpson: Violent Predicate Felonies—including Vehicular Flight—Sustain § 922(g)(1) Against As‑Applied Second Amendment Challenges

Date: Sep 11, 2025

United States v. Simpson: Violent Predicate Felonies—including Vehicular Flight—Sustain § 922(g)(1) Against As‑Applied Second Amendment Challenges Court: United States Court of Appeals for the Fifth...

No Individualized Dangerousness Inquiry for Drug‑Trafficking Felons under § 922(g)(1): The Fifth Circuit’s Per Se Rule Reaffirmed in United States v. Mancilla

Date: Sep 11, 2025

No Individualized Dangerousness Inquiry for Drug‑Trafficking Felons under § 922(g)(1): The Fifth Circuit’s Per Se Rule Reaffirmed in United States v. Mancilla Introduction In United States v....

Whittaker Clarifies: Filing Authority Is Nonjurisdictional, Sister‑State Receivers Cannot Strip a Board’s Bankruptcy Power, and Product‑Line Successor Claims Belong to the Estate

Date: Sep 11, 2025

Whittaker Clarifies: Filing Authority Is Nonjurisdictional, Sister‑State Receivers Cannot Strip a Board’s Bankruptcy Power, and Product‑Line Successor Claims Belong to the Estate Introduction In a...

No Fifth Amendment Retaliation at Sentencing Without a Demonstrable Nexus: United States v. Johnathan Crawford (4th Cir. 2025)

Date: Sep 11, 2025

No Fifth Amendment Retaliation at Sentencing Without a Demonstrable Nexus: United States v. Johnathan Crawford (4th Cir. 2025) Introduction In this unpublished but instructive decision, the Fourth...

Sixth Circuit Clarifies Third-Party Consent at Family Businesses and Reaffirms Broad Discretion in Public Contracting Under “Best-Interest” RFPs

Date: Sep 11, 2025

Sixth Circuit Clarifies Third-Party Consent at Family Businesses and Reaffirms Broad Discretion in Public Contracting Under “Best-Interest” RFPs Introduction In Rockwood Auto Parts, Inc.; Rockwood...

Sixth Circuit Clarifies Retaliatory Refusal to Remedy Dangerous Prison Conditions as Actionable First Amendment Violation; Risk-Only COVID-19 Exposure Insufficient for Damages Standing

Date: Sep 10, 2025

Sixth Circuit Clarifies Retaliatory Refusal to Remedy Dangerous Prison Conditions as Actionable First Amendment Violation; Risk-Only COVID-19 Exposure Insufficient for Damages Standing Introduction...

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