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  • Commentaries
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federal Case Commentaries

No Eighth Amendment or ADA Violation Where Restrictive Housing of a Mentally Ill Inmate Is Tied to Specific Security Risks, Regular Review, Step‑Down Programming, and Ongoing Mental‑Health Care

No Eighth Amendment or ADA Violation Where Restrictive Housing of a Mentally Ill Inmate Is Tied to Specific Security Risks, Regular Review, Step‑Down Programming, and Ongoing Mental‑Health Care

Date: Aug 31, 2025
No Eighth Amendment or ADA Violation Where Restrictive Housing of a Mentally Ill Inmate Is Tied to Specific Security Risks, Regular Review, Step‑Down Programming, and Ongoing Mental‑Health Care...
The Services-and-Infrastructure Test: Third Circuit Clarifies FELA’s Reach and Excludes Urban Rapid Transit from “Railroad” Status

The Services-and-Infrastructure Test: Third Circuit Clarifies FELA’s Reach and Excludes Urban Rapid Transit from “Railroad” Status

Date: Aug 31, 2025
The Services-and-Infrastructure Test: Third Circuit Clarifies FELA’s Reach and Excludes Urban Rapid Transit from “Railroad” Status Introduction This precedential decision from the U.S. Court of...
Particularity by Incorporation and the Seizure–Search Divide for Digital Devices: Lessons from Shotwell v. Delaware DSHS (3d Cir. 2025)

Particularity by Incorporation and the Seizure–Search Divide for Digital Devices: Lessons from Shotwell v. Delaware DSHS (3d Cir. 2025)

Date: Aug 31, 2025
Particularity by Incorporation and the Seizure–Search Divide for Digital Devices: Lessons from Shotwell v. Delaware DSHS (3d Cir. 2025) Court: U.S. Court of Appeals for the Third Circuit...
Third Circuit Cabins CFAA to Code‑Based Hacking and Holds Passwords Are Not Trade Secrets: Commentary on NRA Group LLC v. Durenleau

Third Circuit Cabins CFAA to Code‑Based Hacking and Holds Passwords Are Not Trade Secrets: Commentary on NRA Group LLC v. Durenleau

Date: Aug 31, 2025
Third Circuit Cabins CFAA to Code‑Based Hacking and Holds Passwords Are Not Trade Secrets Introduction In a precedential opinion with wide‑ranging consequences for computer‑misuse and trade secret...
Victim Identification Trumps Recantation and Officer Subjectivity in Probable Cause Analysis: Commentary on Tim Burton v. Marc Ziegler (3d Cir. 2025)

Victim Identification Trumps Recantation and Officer Subjectivity in Probable Cause Analysis: Commentary on Tim Burton v. Marc Ziegler (3d Cir. 2025)

Date: Aug 31, 2025
Victim Identification Trumps Recantation and Officer Subjectivity in Probable Cause Analysis: Commentary on Tim Burton v. Marc Ziegler (3d Cir. 2025) Court: United States Court of Appeals for the...
Insanity-Based Challenges to Guideline Cross-References Require Persuasive Proof; Prolonged Non‑Extreme Flight Supports §3C1.2; Minute Entries Can Establish Valid Waiver for Uncounseled Misdemeanors

Insanity-Based Challenges to Guideline Cross-References Require Persuasive Proof; Prolonged Non‑Extreme Flight Supports §3C1.2; Minute Entries Can Establish Valid Waiver for Uncounseled Misdemeanors

Date: Aug 31, 2025
Insanity-Based Challenges to Guideline Cross-References Require Persuasive Proof; Prolonged Non‑Extreme Flight Supports §3C1.2; Minute Entries Can Establish Valid Waiver for Uncounseled Misdemeanors...
PPIA Preemption Requires a Food‑Safety Nexus: Fifth Circuit Preserves Workplace COVID‑19 Negligence Claims Against Tyson While Rejecting Individual Coworker Duty

PPIA Preemption Requires a Food‑Safety Nexus: Fifth Circuit Preserves Workplace COVID‑19 Negligence Claims Against Tyson While Rejecting Individual Coworker Duty

Date: Aug 31, 2025
PPIA Preemption Requires a Food‑Safety Nexus: Fifth Circuit Preserves Workplace COVID‑19 Negligence Claims Against Tyson While Rejecting Individual Coworker Duty Introduction In Williams v. Wingrove,...
No Strict Scrutiny for Neutral, Non‑Curricular School Policies: Sixth Circuit Narrows Mahmoud v. Taylor and Clarifies Mootness-Damages Split

No Strict Scrutiny for Neutral, Non‑Curricular School Policies: Sixth Circuit Narrows Mahmoud v. Taylor and Clarifies Mootness-Damages Split

Date: Aug 31, 2025
No Strict Scrutiny for Neutral, Non‑Curricular School Policies: Sixth Circuit Narrows Mahmoud v. Taylor and Clarifies Mootness-Damages Split Introduction This commentary analyzes the Sixth Circuit’s...
No Adverse Effect Means No Longevity Risk Shift: Eleventh Circuit bars lump-sum terminations of top hat defined-benefit plans that reduce any participant’s lifetime annuity (Hoak v. NCR)

No Adverse Effect Means No Longevity Risk Shift: Eleventh Circuit bars lump-sum terminations of top hat defined-benefit plans that reduce any participant’s lifetime annuity (Hoak v. NCR)

Date: Aug 31, 2025
No Adverse Effect Means No Longevity Risk Shift: Eleventh Circuit bars lump-sum terminations of top hat defined-benefit plans that reduce any participant’s lifetime annuity (Hoak v. NCR) Introduction...
“Private” Social Media as a Stage Whisper: Seventh Circuit Clarifies Pickering Balancing for Teachers’ Off‑Duty Posts and Rejects the Heckler’s‑Veto Frame

“Private” Social Media as a Stage Whisper: Seventh Circuit Clarifies Pickering Balancing for Teachers’ Off‑Duty Posts and Rejects the Heckler’s‑Veto Frame

Date: Aug 31, 2025
“Private” Social Media as a Stage Whisper: Seventh Circuit Clarifies Pickering Balancing for Teachers’ Off‑Duty Posts and Rejects the Heckler’s‑Veto Frame Case: Jeanne Hedgepeth v. James A. Britton,...
When a State Court Says “No” to Arbitration, Federal Courts Don’t Re‑Ask: Seventh Circuit Enforces Issue Preclusion After a Denial of Arbitration and Subsequent Settlement

When a State Court Says “No” to Arbitration, Federal Courts Don’t Re‑Ask: Seventh Circuit Enforces Issue Preclusion After a Denial of Arbitration and Subsequent Settlement

Date: Aug 31, 2025
When a State Court Says “No” to Arbitration, Federal Courts Don’t Re‑Ask: Seventh Circuit Enforces Issue Preclusion After a Denial of Arbitration and Subsequent Settlement Introduction In Mazen Agha...
Anonymous Tips Are Not Enough: Seventh Circuit Tightens Qualified Immunity Where Officers Fail to Corroborate Animal-Neglect Allegations and Clarifies Federal Malicious Prosecution Pleading

Anonymous Tips Are Not Enough: Seventh Circuit Tightens Qualified Immunity Where Officers Fail to Corroborate Animal-Neglect Allegations and Clarifies Federal Malicious Prosecution Pleading

Date: Aug 31, 2025
Anonymous Tips Are Not Enough: Seventh Circuit Tightens Qualified Immunity Where Officers Fail to Corroborate Animal-Neglect Allegations and Clarifies Federal Malicious Prosecution Pleading...
No RICO for Disputes over Religious Truth; Reliance-Based Tithing Fraud Must Plead Proximate Cause: The Tenth Circuit’s Dual Holding in Gaddy v. COP of the LDS Church

No RICO for Disputes over Religious Truth; Reliance-Based Tithing Fraud Must Plead Proximate Cause: The Tenth Circuit’s Dual Holding in Gaddy v. COP of the LDS Church

Date: Aug 31, 2025
No RICO for Disputes over Religious Truth; Reliance-Based Tithing Fraud Must Plead Proximate Cause: The Tenth Circuit’s Dual Holding in Gaddy v. COP of the LDS Church Introduction In a published...
No Bright-Line Bar to Mixed-Motive Family Nexus: Tenth Circuit Vacates BIA’s “Means-to-an-End” Rule in O.C.V. v. Bondi

No Bright-Line Bar to Mixed-Motive Family Nexus: Tenth Circuit Vacates BIA’s “Means-to-an-End” Rule in O.C.V. v. Bondi

Date: Aug 31, 2025
No Bright-Line Bar to Mixed-Motive Family Nexus: Tenth Circuit Vacates BIA’s “Means-to-an-End” Rule in O.C.V. v. Bondi Introduction In O.C.V. v. Bondi, the Tenth Circuit issued a published decision...
Tenth Circuit Rejects Categorical Approach to Rule 413 and Reaffirms that Prior Prostitution Is Not Probative of Consent: United States v. Clay

Tenth Circuit Rejects Categorical Approach to Rule 413 and Reaffirms that Prior Prostitution Is Not Probative of Consent: United States v. Clay

Date: Aug 31, 2025
Tenth Circuit Rejects Categorical Approach to Rule 413 and Reaffirms that Prior Prostitution Is Not Probative of Consent Comprehensive Commentary on United States v. Clay (10th Cir. 2025)...
Prospective Dangerousness as a Constitutional Principle for Disarmament: Tenth Circuit Remands § 922(g)(3) Marijuana Case for Evidence in United States v. Harrison

Prospective Dangerousness as a Constitutional Principle for Disarmament: Tenth Circuit Remands § 922(g)(3) Marijuana Case for Evidence in United States v. Harrison

Date: Aug 31, 2025
Prospective Dangerousness as a Constitutional Principle for Disarmament: Tenth Circuit Remands § 922(g)(3) Marijuana Case for Evidence in United States v. Harrison Introduction United States v....
Resisting-Arrest Pleas Do Not Blanket-Authorize Police Force: Third Circuit Requires a Complete Record—Including Bodycam Footage—Before Summary Judgment in Excessive-Force Cases

Resisting-Arrest Pleas Do Not Blanket-Authorize Police Force: Third Circuit Requires a Complete Record—Including Bodycam Footage—Before Summary Judgment in Excessive-Force Cases

Date: Aug 29, 2025
Resisting-Arrest Pleas Do Not Blanket-Authorize Police Force: Third Circuit Requires a Complete Record—Including Bodycam Footage—Before Summary Judgment in Excessive-Force Cases Introduction In...
Third Circuit clarifies de novo review of Rule 60(d)(1) dismissals and reaffirms broad transactional claim preclusion in serial fee litigation

Third Circuit clarifies de novo review of Rule 60(d)(1) dismissals and reaffirms broad transactional claim preclusion in serial fee litigation

Date: Aug 29, 2025
Third Circuit clarifies de novo review of Rule 60(d)(1) dismissals and reaffirms broad transactional claim preclusion in serial fee litigation Case: Law Offices of Bruce J. Chasan, LLC v. John Pierce...
A Two‑Track Roadmap When a Plaintiff Goes Silent: Rule 56 Record Review or Poulis‑Based Rule 41(b) Dismissal—Not “Default” Summary Judgment

A Two‑Track Roadmap When a Plaintiff Goes Silent: Rule 56 Record Review or Poulis‑Based Rule 41(b) Dismissal—Not “Default” Summary Judgment

Date: Aug 29, 2025
A Two‑Track Roadmap When a Plaintiff Goes Silent: Rule 56 Record Review or Poulis‑Based Rule 41(b) Dismissal—Not “Default” Summary Judgment Case: Michael Goodson, Sr. v. City of Philadelphia and...
Subsection 2516(2) Defers to State Law: Third Circuit Confirms State AGs May Delegate Wiretap-Application Authority Without a Federal “Personal Review” Requirement

Subsection 2516(2) Defers to State Law: Third Circuit Confirms State AGs May Delegate Wiretap-Application Authority Without a Federal “Personal Review” Requirement

Date: Aug 29, 2025
Subsection 2516(2) Defers to State Law: Third Circuit Confirms State AGs May Delegate Wiretap-Application Authority Without a Federal “Personal Review” Requirement Introduction In United States v....
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