federal Case Commentaries

Diagnosis-Based Exclusions for Gender-Affirming Surgery Are Not Facially Sex Discrimination Under Title VII: The Eleventh Circuit’s En Banc Decision in Lange v. Houston County

Date: Sep 10, 2025

Diagnosis-Based Exclusions for Gender-Affirming Surgery Are Not Facially Sex Discrimination Under Title VII: The Eleventh Circuit’s En Banc Decision in Lange v. Houston County Introduction This en...

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...

No §1681i Liability Where Plaintiff’s Own Credit Report Refutes Inaccuracy: Exhibits Control Over Contrary Allegations in FCRA Pleadings

Date: Sep 10, 2025

No §1681i Liability Where Plaintiff’s Own Credit Report Refutes Inaccuracy: Exhibits Control Over Contrary Allegations in FCRA Pleadings Introduction This commentary analyzes the Eleventh Circuit’s...

Content-Neutral, Not Content-Based: Second Circuit Holds New York’s UPL Restrictions on One-to-One Legal Advice Are Subject to Intermediate Scrutiny

Date: Sep 10, 2025

Content-Neutral, Not Content-Based: Second Circuit Holds New York’s UPL Restrictions on One-to-One Legal Advice Are Subject to Intermediate Scrutiny Introduction In Upsolve, Inc. v. James, the United...

No Manufactured Diversity via Trust Appointments: Fifth Circuit Applies 28 U.S.C. § 1359 to Sham Trustees

Date: Sep 10, 2025

No Manufactured Diversity via Trust Appointments: Fifth Circuit Applies 28 U.S.C. § 1359 to Sham Trustees Case: Fugedi v. Initram, No. 24-40283 (5th Cir. Sept. 9, 2025) Introduction The Fifth...

Third Circuit Reaffirms Strict Timeliness and Excusable-Neglect Limits on Rule 60 Relief in Bankruptcy Claim Expungements

Date: Sep 10, 2025

Third Circuit Reaffirms Strict Timeliness and Excusable-Neglect Limits on Rule 60 Relief in Bankruptcy Claim Expungements Introduction In a non-precedential opinion, the United States Court of...

Imminent Harm Still Required: Voluntary Repeal and Binding Non‑Enforcement Pledge Defeat First Amendment Preliminary Injunctions; Credible‑Threat Standing Tightened in Limited Public Fora

Date: Sep 10, 2025

Imminent Harm Still Required: Voluntary Repeal and Binding Non‑Enforcement Pledge Defeat First Amendment Preliminary Injunctions And: The Sixth Circuit tightens pre‑enforcement standing where a...

Walton v. Comfort Systems: Fire Alarm Testing and Inspection Is Covered “Maintenance” Under NYLL § 220; Second Circuit Certifies Whether the Prevailing-Wage Promise Is Implied in All Public Works Contracts and Whether One‑Year Limitations Clauses Bind Workers

Date: Sep 10, 2025

Walton v. Comfort Systems: Fire Alarm Testing and Inspection Is Covered “Maintenance” Under NYLL § 220; Second Circuit Certifies Whether the Prevailing-Wage Promise Is Implied in All Public Works...

Neutral Laws Require Neutral Enforcement: Second Circuit Holds that Hostility-Tainted Discipline by a State Athletics Association Violates the Free Exercise Clause

Date: Sep 10, 2025

Neutral Laws Require Neutral Enforcement: Second Circuit Holds that Hostility-Tainted Discipline by a State Athletics Association Violates the Free Exercise Clause Introduction In Mid Vermont...

Second Circuit Reaffirms Strict Pleading, Causation, and Timeliness Requirements for Hybrid § 301/Duty of Fair Representation Claims: Goodman v. Local 804 (IBT) & UPS

Date: Sep 10, 2025

Second Circuit Reaffirms Strict Pleading, Causation, and Timeliness Requirements for Hybrid § 301/Duty of Fair Representation Claims: Goodman v. Local 804 (IBT) & UPS Note: This disposition is a...

First Amendment Shield, Not Sword: Protected Petitioning Cannot Supply the Overt Act in § 1983 Conspiracies—Yet May Evidence Agreement; and Government Litigation and Nonviolent “Threats” Are Not Clearly Established Retaliation

Date: Sep 10, 2025

First Amendment Shield, Not Sword: Protected Petitioning Cannot Supply the Overt Act in § 1983 Conspiracies—Yet May Evidence Agreement; and Government Litigation and Nonviolent “Threats” Are Not...

Pleading Conclusory Conspiracies Won’t Do: Good-Faith Reliance on a Facially Valid Warrant and Video-Verified Decorum Enforcement Defeat First and Fourth Amendment Claims — Story v. Gravell (5th Cir. 2025)

Date: Sep 10, 2025

Pleading Conclusory Conspiracies Won’t Do: Good-Faith Reliance on a Facially Valid Warrant and Video-Verified Decorum Enforcement Defeat First and Fourth Amendment Claims — Story v. Gravell (5th Cir....

Personal Guaranty and Owner-Occupation Do Not Convert Commercial Loans into Consumer Debts; Non-Judicial Foreclosure Is Not State Action — Okorie v. University Mall (5th Cir. 2025)

Date: Sep 10, 2025

Personal Guaranty and Owner-Occupation Do Not Convert Commercial Loans into Consumer Debts; Non-Judicial Foreclosure Is Not State Action — Okorie v. University Mall (5th Cir. 2025) Introduction In...

Subject-Matter, Not Structure: Fifth Circuit Declares Church Autonomy a Merits Immunity Shielding Non‑Hierarchical Ministries and Third‑Party Partners

Date: Sep 10, 2025

Subject-Matter, Not Structure: Fifth Circuit Declares Church Autonomy a Merits Immunity Shielding Non‑Hierarchical Ministries and Third‑Party Partners Introduction In McRaney v. North American...

“Adequately Supply” Means Quantity-Ambiguous, Not Quality-Certain: First Circuit Narrows Failure‑to‑Supply Limitations and Affirms Broad Duty to Defend for Reckless Product Decisions

Date: Sep 10, 2025

“Adequately Supply” Means Quantity-Ambiguous, Not Quality-Certain: First Circuit Narrows Failure‑to‑Supply Limitations and Affirms Broad Duty to Defend for Reckless Product Decisions Introduction In...

Quiet Title Act Exclusivity Forecloses APA/DJA Routes for Split‑Estate Subsurface Traversal Disputes: Commentary on True Oil, LLC v. Bureau of Land Management (10th Cir. 2025)

Date: Sep 10, 2025

Quiet Title Act Exclusivity Forecloses APA/DJA Routes for Split‑Estate Subsurface Traversal Disputes: Commentary on True Oil, LLC v. Bureau of Land Management (10th Cir. 2025) Introduction In True...

Footnotes Don’t Preserve Arguments: Second Circuit’s Waiver Ruling on Grokster-Based “Right and Ability to Control” under DMCA §512(c) in Capitol Records v. Vimeo (Rehearing)

Date: Sep 10, 2025

Footnotes Don’t Preserve Arguments: Second Circuit’s Waiver Ruling on Grokster-Based “Right and Ability to Control” under DMCA §512(c) in Capitol Records v. Vimeo (Rehearing) Introduction This...

Applying Maiorana, the Second Circuit Confirms Incorporation-by-Reference of Supervised-Release Conditions and Upholds Broad Reasonable-Suspicion Search Condition: United States v. Gomez

Date: Sep 10, 2025

Applying Maiorana, the Second Circuit Confirms Incorporation-by-Reference of Supervised-Release Conditions and Upholds Broad Reasonable-Suspicion Search Condition: United States v. Gomez Introduction...

Non‑Signatory Client Can Compel Arbitration When a Contractor’s Agreement Incorporates the Client’s MSA and the Worker Assumes the Contractor’s Obligations

Date: Sep 10, 2025

Non‑Signatory Client Can Compel Arbitration When a Contractor’s Agreement Incorporates the Client’s MSA and the Worker Assumes the Contractor’s Obligations Introduction In Ford v. ConocoPhillips, the...

Bailey’s Spatial Constraint Does Not Bar a Probation Officer from Directing a Supervised-Releasee Home During Execution of a Residential Warrant

Date: Sep 10, 2025

Bailey’s Spatial Constraint Does Not Bar a Probation Officer from Directing a Supervised-Releasee Home During Execution of a Residential Warrant Introduction In United States v. Matthew Scott Rocco,...

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