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  • Commentaries
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federal Case Commentaries

Commissary Purchases as Evidence of Sincerity: Eleventh Circuit Affirms Qualified Immunity for Removing Inmate from Religious Vegan Diet; Denial of Vegan Shoes/Commissary Not a RLUIPA “Substantial Burden”; Reenrollment Moors Injunctive Relief

Commissary Purchases as Evidence of Sincerity: Eleventh Circuit Affirms Qualified Immunity for Removing Inmate from Religious Vegan Diet; Denial of Vegan Shoes/Commissary Not a RLUIPA “Substantial Burden”; Reenrollment Moors Injunctive Relief

Date: Sep 10, 2025
Commissary Purchases as Evidence of Sincerity: Eleventh Circuit Affirms Qualified Immunity for Removing Inmate from Religious Vegan Diet; Denial of Vegan Shoes/Commissary Not a RLUIPA “Substantial...
Timing and Audience as “Guardrails” for Political Purpose: Tenth Circuit Upholds New Mexico’s Pre‑Election Donor Disclosure for Mention‑Only Ads

Timing and Audience as “Guardrails” for Political Purpose: Tenth Circuit Upholds New Mexico’s Pre‑Election Donor Disclosure for Mention‑Only Ads

Date: Sep 10, 2025
Timing and Audience as “Guardrails” for Political Purpose: Tenth Circuit Upholds New Mexico’s Pre‑Election Donor Disclosure for Mention‑Only Ads Introduction In Rio Grande Foundation v. Oliver, the...
Medication Conditions Are Ripe When Tethered to an Unsupported Mandatory Treatment Condition: Fifth Circuit Vacates Mental-Health Special Conditions for Lack of Record Support

Medication Conditions Are Ripe When Tethered to an Unsupported Mandatory Treatment Condition: Fifth Circuit Vacates Mental-Health Special Conditions for Lack of Record Support

Date: Sep 10, 2025
Medication Conditions Are Ripe When Tethered to an Unsupported Mandatory Treatment Condition: Fifth Circuit Vacates Mental-Health Special Conditions for Lack of Record Support Introduction In United...
Third Circuit Clarifies Pickering: Speculation and Routine Complaints Are Insufficient “Disruption” to Punish Off‑Campus Faculty Speech

Third Circuit Clarifies Pickering: Speculation and Routine Complaints Are Insufficient “Disruption” to Punish Off‑Campus Faculty Speech

Date: Sep 9, 2025
Third Circuit Clarifies Pickering: Speculation and Routine Complaints Are Insufficient “Disruption” to Punish Off‑Campus Faculty Speech Introduction This precedential decision from the U.S. Court of...
Punitive Damages in New York Defamation Need Not Be “Sole-Motive” Malice and Are Proven by a Preponderance: The Second Circuit’s Clarification in Carroll v. Trump

Punitive Damages in New York Defamation Need Not Be “Sole-Motive” Malice and Are Proven by a Preponderance: The Second Circuit’s Clarification in Carroll v. Trump

Date: Sep 9, 2025
Punitive Damages in New York Defamation Need Not Be “Sole-Motive” Malice and Are Proven by a Preponderance: The Second Circuit’s Clarification in Carroll v. Trump Introduction In Carroll v. Trump,...
Temporal Proximity Must Be Very Close: One-Year Gap and Isolated Stray Remarks Are Insufficient to Plausibly Plead Discrimination or Retaliation under Title VII, NYSHRL, and NYCHRL

Temporal Proximity Must Be Very Close: One-Year Gap and Isolated Stray Remarks Are Insufficient to Plausibly Plead Discrimination or Retaliation under Title VII, NYSHRL, and NYCHRL

Date: Sep 9, 2025
Temporal Proximity Must Be Very Close: One-Year Gap and Isolated Stray Remarks Are Insufficient to Plausibly Plead Discrimination or Retaliation under Title VII, NYSHRL, and NYCHRL Introduction This...
States Cannot Use § 3502(d) RIF Notice to Police Federal Personnel Management: Fourth Circuit Tightens Standing and Redressability in State of Maryland v. USDA

States Cannot Use § 3502(d) RIF Notice to Police Federal Personnel Management: Fourth Circuit Tightens Standing and Redressability in State of Maryland v. USDA

Date: Sep 9, 2025
States Cannot Use § 3502(d) RIF Notice to Police Federal Personnel Management: Fourth Circuit Tightens Standing and Redressability in State of Maryland v. USDA Introduction In a published decision,...
Banking Enforcement as a Public Right: Fifth Circuit Holds No Seventh Amendment Jury in § 1818 Proceedings and Ties Limitations Accrual to Agency Determination (Ortega v. OCC)

Banking Enforcement as a Public Right: Fifth Circuit Holds No Seventh Amendment Jury in § 1818 Proceedings and Ties Limitations Accrual to Agency Determination (Ortega v. OCC)

Date: Sep 9, 2025
Banking Enforcement as a Public Right: Fifth Circuit Holds No Seventh Amendment Jury in § 1818 Proceedings and Ties Limitations Accrual to Agency Determination Ortega v. Office of the Comptroller of...
Per-Claimant Occurrence Controls Known-Loss Exclusion: First Circuit Requires Defense of Class Action Where Post-Inception Damages Are Separate Occurrences Under Massachusetts Law

Per-Claimant Occurrence Controls Known-Loss Exclusion: First Circuit Requires Defense of Class Action Where Post-Inception Damages Are Separate Occurrences Under Massachusetts Law

Date: Sep 9, 2025
Per-Claimant Occurrence Controls Known-Loss Exclusion: First Circuit Requires Defense of Class Action Where Post-Inception Damages Are Separate Occurrences Under Massachusetts Law Introduction In...
No Vested Right Without a Valid Permit: Sixth Circuit Affirms No Due Process or Takings Liability for Stop‑Work Order Based on Defective Application

No Vested Right Without a Valid Permit: Sixth Circuit Affirms No Due Process or Takings Liability for Stop‑Work Order Based on Defective Application

Date: Sep 9, 2025
No Vested Right Without a Valid Permit: Sixth Circuit Affirms No Due Process or Takings Liability for Stop‑Work Order Based on Defective Application Court: U.S. Court of Appeals for the Sixth Circuit...
When a Vehicle Poses a Traffic Hazard, Police May Impound and Conduct a Caretaking Search Without Sanders Analysis — United States v. Brown (10th Cir. 2025)

When a Vehicle Poses a Traffic Hazard, Police May Impound and Conduct a Caretaking Search Without Sanders Analysis — United States v. Brown (10th Cir. 2025)

Date: Sep 9, 2025
When a Vehicle Poses a Traffic Hazard, Police May Impound and Conduct a Caretaking Search Without Sanders Analysis — United States v. Brown (10th Cir. 2025) Introduction In United States v. Brown,...
Proper Parties, Proper Relief: Fourth Circuit Bars State Standing to Enjoin Federal Workforce Reductions Based on Missed RIF Notice

Proper Parties, Proper Relief: Fourth Circuit Bars State Standing to Enjoin Federal Workforce Reductions Based on Missed RIF Notice

Date: Sep 9, 2025
Proper Parties, Proper Relief: Fourth Circuit Bars State Standing to Enjoin Federal Workforce Reductions Based on Missed RIF Notice Case: State of Maryland v. USDA (consolidated appeals Nos. 25-1248...
Medication-Compliance Clarifications and Reasonable‑Suspicion Digital‑Search Conditions on Supervised Release: The Second Circuit’s Guidance in United States v. Woods (Summary Order)

Medication-Compliance Clarifications and Reasonable‑Suspicion Digital‑Search Conditions on Supervised Release: The Second Circuit’s Guidance in United States v. Woods (Summary Order)

Date: Sep 9, 2025
Medication-Compliance Clarifications and Reasonable‑Suspicion Digital‑Search Conditions on Supervised Release: The Second Circuit’s Guidance in United States v. Woods (Summary Order) Court: U.S....
No Texas Insurance Tort Recovery After Full Appraisal Payment Absent Independent Injury; “Excusable Neglect” Can Save a Late Notice of Appeal — Commentary on Wilhite v. Ark Royal (5th Cir. 2025)

No Texas Insurance Tort Recovery After Full Appraisal Payment Absent Independent Injury; “Excusable Neglect” Can Save a Late Notice of Appeal — Commentary on Wilhite v. Ark Royal (5th Cir. 2025)

Date: Sep 9, 2025
No Texas Insurance Tort Recovery After Full Appraisal Payment Absent Independent Injury; “Excusable Neglect” Can Save a Late Notice of Appeal — Commentary on Wilhite v. Ark Royal (5th Cir. 2025)...
Rudolph’s Rules: Tenth Circuit Defines § 3238 Venue for Extraterritorial Crimes and Confirms Forfeiture of Interest, Dividends, and Appreciation

Rudolph’s Rules: Tenth Circuit Defines § 3238 Venue for Extraterritorial Crimes and Confirms Forfeiture of Interest, Dividends, and Appreciation

Date: Sep 9, 2025
Rudolph’s Rules: Tenth Circuit Defines § 3238 Venue for Extraterritorial Crimes and Confirms Forfeiture of Interest, Dividends, and Appreciation Introduction In United States v. Rudolph, No. 23-1278...
Invited Error Bars Challenge to Mislabeling a Georgia First Offender Disposition; Prior Methamphetamine Possession Admissible Under Rule 404(b) to Prove Intent

Invited Error Bars Challenge to Mislabeling a Georgia First Offender Disposition; Prior Methamphetamine Possession Admissible Under Rule 404(b) to Prove Intent

Date: Sep 9, 2025
Invited Error Bars Challenge to Mislabeling a Georgia First Offender Disposition; Prior Methamphetamine Possession Admissible Under Rule 404(b) to Prove Intent Case: United States v. Jorge Rodriguez...
No Constructive Amendment From Alternative MNPI Inferences; SDNY Venue Firmly Grounded for Nasdaq Trades: Commentary on United States v. Dagar (2d Cir. 2025)

No Constructive Amendment From Alternative MNPI Inferences; SDNY Venue Firmly Grounded for Nasdaq Trades: Commentary on United States v. Dagar (2d Cir. 2025)

Date: Sep 8, 2025
No Constructive Amendment From Alternative MNPI Inferences; SDNY Venue Firmly Grounded for Nasdaq Trades: Commentary on United States v. Dagar (2d Cir. 2025) Note on precedential status: The decision...
Oral Pronouncement or Express Incorporation Required for “Standard” Supervised Release Conditions; Defendant-Requested Special Conditions Are Waived: Commentary on United States v. Wilson (2d Cir. 2025)

Oral Pronouncement or Express Incorporation Required for “Standard” Supervised Release Conditions; Defendant-Requested Special Conditions Are Waived: Commentary on United States v. Wilson (2d Cir. 2025)

Date: Sep 8, 2025
Oral Pronouncement or Express Incorporation Required for “Standard” Supervised Release Conditions; Defendant-Requested Special Conditions Are Waived: Commentary on United States v. Wilson (2d Cir....
De Novo Review of Equitable Tolling Diligence and No Tolling for Pending Rehearing/Certiorari in Immigration Motions to Reopen

De Novo Review of Equitable Tolling Diligence and No Tolling for Pending Rehearing/Certiorari in Immigration Motions to Reopen

Date: Sep 8, 2025
De Novo Review of Equitable Tolling Diligence and No Tolling for Pending Rehearing/Certiorari in Immigration Motions to Reopen Introduction In Sylvestre Esteeven Point du Jour v. U.S. Attorney...
Charge-Specific Probable Cause Not Clearly Established Pre‑Chiaverini: Third Circuit Affirms Dismissal, Applying Any‑Crime Rule to False Arrest and Qualified Immunity to Malicious Prosecution and False Imprisonment

Charge-Specific Probable Cause Not Clearly Established Pre‑Chiaverini: Third Circuit Affirms Dismissal, Applying Any‑Crime Rule to False Arrest and Qualified Immunity to Malicious Prosecution and False Imprisonment

Date: Sep 8, 2025
Charge-Specific Probable Cause Not Clearly Established Pre‑Chiaverini: Third Circuit Affirms Dismissal, Applying Any‑Crime Rule to False Arrest and Qualified Immunity to Malicious Prosecution and...
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