limitation-of-vessel-owner& Case Commentaries

No Relitigation Injunction for Post‑Complaint Conduct: Third Circuit Limits Claim and Issue Preclusion Under the Anti‑Injunction Act

Date: Oct 16, 2025

No Relitigation Injunction for Post‑Complaint Conduct: Third Circuit Limits Claim and Issue Preclusion Under the Anti‑Injunction Act Introduction In Erie Indemnity Co. v. Troy Stephenson, the U.S....

Mistaken Drug Identity Does Not Limit Guideline Accountability; Returning Contraband Is “Distribution” — United States v. Pope (3d Cir. 2025)

Date: Oct 16, 2025

Mistaken Drug Identity Does Not Limit Guideline Accountability; Returning Contraband Is “Distribution” Case: United States v. Andrew Pope, No. 24-1989 (3d Cir. Oct. 14, 2025) — Not Precedential...

No Constitutional Limit on Congress’s Venue Choices for High‑Seas Crimes: Third Circuit Upholds MDLEA’s “Any District” Clause and Affirms Denial of Pretrial Venue Hearing

Date: Oct 16, 2025

No Constitutional Limit on Congress’s Venue Choices for High‑Seas Crimes: Third Circuit Upholds MDLEA’s “Any District” Clause and Affirms Denial of Pretrial Venue Hearing Introduction In United...

“Substitution-Only” Means Substitution-Only: Third Circuit Reaffirms Dillon in Amendment 821 Resentencings and Denies Banks-Based and Medical Compassionate Release Relief

Date: Oct 16, 2025

“Substitution-Only” Means Substitution-Only: Third Circuit Reaffirms Dillon in Amendment 821 Resentencings and Denies Banks-Based and Medical Compassionate Release Relief Introduction In United...

Cat’s Paw Liability Cannot Satisfy the Rehabilitation Act’s “Solely by Reason of” Standard: Harmon v. Collier (5th Cir. 2025)

Date: Oct 16, 2025

Cat’s Paw Liability Cannot Satisfy the Rehabilitation Act’s “Solely by Reason of” Standard: Harmon v. Collier (5th Cir. 2025) Introduction In Harmon v. Collier, the Fifth Circuit addressed multiple...

United States v. Arredondo: Live-Streamed Sexual Misconduct Can Justify Pornography and Internet-Use Restrictions and Defeat Acceptance of Responsibility

Date: Oct 16, 2025

United States v. Arredondo: Live-Streamed Sexual Misconduct Can Justify Pornography and Internet-Use Restrictions and Defeat Acceptance of Responsibility Introduction In United States v. Arredondo,...

Post-Morgan in the Fourth Circuit: Active Litigation and Use of Federal Discovery Constitute Waiver of the Right to Arbitrate, Despite “Reservation” Language

Date: Oct 16, 2025

Post-Morgan in the Fourth Circuit: Active Litigation and Use of Federal Discovery Constitute Waiver of the Right to Arbitrate, Despite “Reservation” Language Case: Cheryl Ann Sarver, as Personal...

Publicity, Not Mere Exposure: Fourth Circuit Holds Dark‑Web Listing of Driver’s License Numbers Is a Concrete Injury-in-Fact; Future-Risk and Mitigation-Only Theories Fail

Date: Oct 16, 2025

Publicity, Not Mere Exposure: Fourth Circuit Holds Dark‑Web Listing of Driver’s License Numbers Is a Concrete Injury-in-Fact; Future-Risk and Mitigation-Only Theories Fail Introduction In Christopher...

Fourth Circuit: Cumulative Punishment Under § 5861(d) and § 922(o) for the Same Machinegun Possession Violates Double Jeopardy

Date: Oct 16, 2025

Fourth Circuit: Cumulative Punishment Under § 5861(d) and § 922(o) for the Same Machinegun Possession Violates Double Jeopardy Introduction In United States v. Patrick Tate Adamiak, No. 23-4451 (4th...

Florida Supreme Court Confirms Hybrid Self-Defense Test and Conditional Relevance of PTSD Evidence

Date: Oct 16, 2025

Florida Supreme Court Confirms Hybrid Self-Defense Test and Conditional Relevance of PTSD Evidence Introduction In Juan Javier Oquendo v. State of Florida (No. SC2023-0807, decided October 9, 2025),...

Second Circuit Reaffirms No-Legitimacy-Inquiry Rule under FOIA Exemption 7 and Treats Unit Identifiers as Protected “Guidelines” under Exemption 7(E); Strict Showing Required for Catalyst-Fees Claims

Date: Oct 16, 2025

Second Circuit Reaffirms No-Legitimacy-Inquiry Rule under FOIA Exemption 7 and Treats Unit Identifiers as Protected “Guidelines” under Exemption 7(E); Strict Showing Required for Catalyst-Fees Claims...

Clear-Error Review of “Exceptional and Extremely Unusual Hardship” and Continued Reliance on Monreal-Aguinaga Post-Loper Bright: Flores-Rueda v. Bondi

Date: Oct 16, 2025

Clear-Error Review of “Exceptional and Extremely Unusual Hardship” and Continued Reliance on Monreal-Aguinaga Post-Loper Bright: Flores-Rueda v. Bondi Introduction This commentary examines the Second...

Second Circuit reaffirms that vague internal complaints are not “protected activity” under Title VII and that comparators sharing the same protected traits undermine an inference of discriminatory motive

Date: Oct 16, 2025

Second Circuit reaffirms that vague internal complaints are not “protected activity” under Title VII and that comparators sharing the same protected traits undermine an inference of discriminatory...

Second Circuit Reaffirms: Documented Financial Restructuring and Outsourcing Can Defeat ADEA Pretext at Summary Judgment

Date: Oct 16, 2025

Second Circuit Reaffirms: Documented Financial Restructuring and Outsourcing Can Defeat ADEA Pretext at Summary Judgment Case: Tillman v. Grenadier Realty Corp., No. 24-2325-cv (2d Cir. Oct. 14,...

Clarifying IDEA Remand Scope and Procedural Violations: Second Circuit Summary Order on Bilingual Services, IEP Gaps, and Compensatory Education Timing

Date: Oct 16, 2025

Clarifying IDEA Remand Scope and Procedural Violations: Second Circuit Summary Order on Bilingual Services, IEP Gaps, and Compensatory Education Timing Introduction Case: Y.S. v. New York City...

Second Circuit (Non-Precedential) Guidance on Successive Summary Judgment Motions and Relation-Forward Appellate Jurisdiction in Pro Se Prisoner Litigation

Date: Oct 16, 2025

Second Circuit (Non-Precedential) Guidance on Successive Summary Judgment Motions and Relation-Forward Appellate Jurisdiction in Pro Se Prisoner Litigation Note on precedential weight: This is a...

Unnecessary Pain Suffices: Eleventh Circuit Clarifies Causation and Deems Repeated “Submit Another Sick Call” Amid Known Futility Potentially Unreasonable in Eighth Amendment Medical-Indifference Claims

Date: Oct 16, 2025

Unnecessary Pain Suffices: Eleventh Circuit Clarifies Causation and Deems Repeated “Submit Another Sick Call” Amid Known Futility Potentially Unreasonable in Eighth Amendment Medical-Indifference...

Deterrence, Not Retribution: Generic “Punishment” Language at Revocation Does Not, Without More, Establish Plain-Error Reliance on § 3553(a)(2)(A) — United States v. Hunter (11th Cir. 2025)

Date: Oct 16, 2025

Deterrence, Not Retribution: Generic “Punishment” Language at Revocation Does Not, Without More, Establish Plain-Error Reliance on § 3553(a)(2)(A) United States v. Keenan Devron Hunter (11th Cir....

Deterrence, Not Retribution, at Supervised-Release Revocation: Ambiguous “Punishment” Remarks Do Not Establish Plain Error Post-Esteras

Date: Oct 16, 2025

Deterrence, Not Retribution, at Supervised-Release Revocation: Ambiguous “Punishment” Remarks Do Not Establish Plain Error Post-Esteras Introduction In United States v. Keenan Devron Hunter, Nos....

Due Process Requires Oral Pronouncement (or Incorporation by Reference) of Discretionary Supervised‑Release Conditions; Appeal Waiver Does Not Compel Dismissal When the Written Judgment Conflicts with the Oral Sentence

Date: Oct 16, 2025

Due Process Requires Oral Pronouncement (or Incorporation by Reference) of Discretionary Supervised‑Release Conditions; Appeal Waiver Does Not Compel Dismissal When the Written Judgment Conflicts...