federal Case Commentaries

No Cure by Removal: Second Circuit Applies Derivative Jurisdiction to FIRREA Removals When State Courts Lack Subject-Matter Jurisdiction

Date: Nov 1, 2025

No Cure by Removal: Second Circuit Applies Derivative Jurisdiction to FIRREA Removals When State Courts Lack Subject-Matter Jurisdiction Case: Panos v. Federal Deposit Insurance Corporation, No....

No Per Se Rule: Intoxication Does Not Automatically Invalidate Consent; Apparent Authority Can Validate a Roommate-Consent Search — United States v. Boone (2d Cir. 2025) [Summary Order]

Date: Nov 1, 2025

No Per Se Rule: Intoxication Does Not Automatically Invalidate Consent; Apparent Authority Can Validate a Roommate-Consent Search — United States v. Boone (2d Cir. 2025) [Summary Order] Court: U.S....

Off‑Campus Social Media Speech Is Protected Absent Safety-Based Threats: Reaction-Driven “Disruption” Alone Cannot Justify Discipline (Leroy v. Livingston Manor CSD)

Date: Nov 1, 2025

Off‑Campus Social Media Speech Is Protected Absent Safety-Based Threats: Reaction-Driven “Disruption” Alone Cannot Justify Discipline Leroy v. Livingston Manor Central School District, No. 24-1241...

Santiago v. Fischer: Second Circuit Requires Admission of “Impediments” Evidence to Prove Causation and Punitive Liability in Earley PRS Cases; Qualified Immunity Remains Unavailable Post-Earley

Date: Nov 1, 2025

Santiago v. Fischer: Second Circuit Requires Admission of “Impediments” Evidence to Prove Causation and Punitive Liability in Earley PRS Cases; Qualified Immunity Remains Unavailable Post-Earley...

Venue Errors Do Not Defeat Judicial Immunity: Eleventh Circuit Affirms Transfer and Dismissal in Ibhar Al Mheid v. Minchew

Date: Nov 1, 2025

Venue Errors Do Not Defeat Judicial Immunity: Eleventh Circuit Affirms Transfer and Dismissal in Ibhar Al Mheid v. Minchew Introduction In Ibhar Al Mheid v. Katy Minchew et al., No. 24-11930 (11th...

Waiver Under Rule 72(a) Bars Appellate Review; “Stray Remarks” and Non‑Comparable Exchanges Do Not Sustain § 1981 Retail Discrimination Claims — Harris v. Bath & Body Works (11th Cir. 2025)

Date: Nov 1, 2025

Waiver Under Rule 72(a) Bars Appellate Review; “Stray Remarks” and Non‑Comparable Exchanges Do Not Sustain § 1981 Retail Discrimination Claims — Harris v. Bath & Body Works (11th Cir. 2025) Court:...

Eleventh Circuit Clarifies: Misadvice on Supervised-Release Maximum at Revocation Is Not Plain Error Absent Prejudice; District Courts May Weigh Context of Dismissed Violations When Varying Upward

Date: Nov 1, 2025

Misadvice at Supervised-Release Revocation Is Not Plain Error Without Prejudice; Broad Sentencing Latitude Under § 3583(e) Confirmed Case: United States v. Clonet Junior Charmant, No. 25-10202 (11th...

Recharacterization Without Notice Violates Due Process; Murder Cross‑Reference Does Not Defeat First Step Act Eligibility

Date: Nov 1, 2025

Recharacterization Without Notice Violates Due Process; Murder Cross‑Reference Does Not Defeat First Step Act Eligibility Introduction This commentary analyzes the Eleventh Circuit’s unpublished, per...

Erlinger Claims Are Waivable: Eleventh Circuit Enforces Appeal Waiver and Upholds Georgia Marijuana PWID as an ACCA “Serious Drug Offense”

Date: Nov 1, 2025

Erlinger Claims Are Waivable: Eleventh Circuit Enforces Appeal Waiver and Upholds Georgia Marijuana PWID as an ACCA “Serious Drug Offense” Introduction In United States v. Orlando Paradise (No....

Post-Wilkinson Deferential Review and the Mitigating Role of Family Assets in “Exceptional and Extremely Unusual Hardship” Analyses

Date: Nov 1, 2025

Post-Wilkinson Deferential Review and the Mitigating Role of Family Assets in “Exceptional and Extremely Unusual Hardship” Analyses Introduction This commentary examines the Sixth Circuit’s...

Agency Rescission and State-Law Interdependence Moot APA Challenges: The Sixth Circuit’s Refined Voluntary-Cessation Analysis in Gun Owners of America, Inc. v. U.S. Department of Justice

Date: Nov 1, 2025

Agency Rescission and State-Law Interdependence Moot APA Challenges: The Sixth Circuit’s Refined Voluntary-Cessation Analysis in Gun Owners of America, Inc. v. U.S. Department of Justice Introduction...

Licensing‑Board Reports as Adverse Actions and the “Unbroken Chain” in Cat’s Paw Retaliation: The Tenth Circuit’s Decision in Byrnes v. St. Catherine Hospital

Date: Nov 1, 2025

Licensing‑Board Reports as Adverse Actions and the “Unbroken Chain” in Cat’s Paw Retaliation: The Tenth Circuit’s Decision in Byrnes v. St. Catherine Hospital Introduction In Byrnes v. St. Catherine...

Reaffirming the “Collective Inferences” Sufficiency Standard: Tenth Circuit Rejects “Piling Inference upon Inference” Challenge in United States v. Munguia‑Herrera

Date: Nov 1, 2025

Reaffirming the “Collective Inferences” Sufficiency Standard: Tenth Circuit Rejects “Piling Inference upon Inference” Challenge in United States v. Munguia‑Herrera Court: United States Court of...

Eleventh Circuit (post–Loper Bright) holds Florida “culpable negligence” child‑neglect convictions categorically qualify as a deportable “crime of child neglect” under INA § 1227(a)(2)(E)(i); Chevron‑era Pierre still exerts precedential force

Date: Nov 1, 2025

Post–Loper Bright framework: Florida “culpable negligence” child‑neglect is a categorical “crime of child neglect” under INA § 1227(a)(2)(E)(i), and Chevron‑era Pierre remains operative (for now)...

No Surprise Summary Judgment: First Circuit Clarifies Rule 12(d) Conversion, Rule 56(c)(4) Affidavits, and Medical Director Liability under Puerto Rico Article 1802

Date: Nov 1, 2025

No Surprise Summary Judgment: First Circuit Clarifies Rule 12(d) Conversion, Rule 56(c)(4) Affidavits, and Medical Director Liability under Puerto Rico Article 1802 Introduction This appeal arises...

Minimal FTCA Presentment and Marshals’ Duty to Assist IFP Service: The Third Circuit’s Freeman v. Lincalis Precedent

Date: Nov 1, 2025

Minimal FTCA Presentment and Marshals’ Duty to Assist IFP Service: The Third Circuit’s Freeman v. Lincalis Precedent Introduction In a precedential opinion, the Third Circuit in Rocky L. Freeman v....

No Right to Vote on a Particular Schedule: The Fifth Circuit Upholds Mid‑Cycle Redistricting and Treats “Vote Postponement” as Non-Disenfranchisement

Date: Nov 1, 2025

No Right to Vote on a Particular Schedule: The Fifth Circuit Upholds Mid‑Cycle Redistricting and Treats “Vote Postponement” as Non-Disenfranchisement Introduction In Jackson v. Tarrant County, the...

No End-Run Around Louisiana’s LHEPA: Plaintiffs Must Plausibly Plead Gross Negligence or Willful Misconduct—and Relabeling as Contract Won’t Avoid the Shield (Ware v. Irving Place, 5th Cir. 2025)

Date: Nov 1, 2025

No End-Run Around Louisiana’s LHEPA: Plaintiffs Must Plausibly Plead Gross Negligence or Willful Misconduct—and Relabeling as Contract Won’t Avoid the Shield Ware v. Irving Place (5th Cir. Oct. 29,...

No “Multiplicative” Preliminary Injunction Standard: Fourth Circuit Denies Shutdown-Based Extension to Fast-Track Clarification in AFT v. Bessent

Date: Nov 1, 2025

No “Multiplicative” Preliminary Injunction Standard: Fourth Circuit Denies Shutdown-Based Extension to Fast-Track Clarification in AFT v. Bessent Introduction In American Federation of Teachers v....

United States v. Powell (2d Cir. 2025): Nonprecedential Guidance on Composite Surveillance Videos, Excited-Utterance Identifications, and Upward Variances in Violent Robberies

Date: Nov 1, 2025

United States v. Powell (2d Cir. 2025): Nonprecedential Guidance on Composite Surveillance Videos, Excited-Utterance Identifications, and Upward Variances in Violent Robberies Introduction This...