federal Case Commentaries

Agee v. Hickenbottom: Leave to Amend Must Be Granted Unless Probable Cause (and Futility) Is Certain on the Face of the Proposed Class-of-One Equal Protection Pleading

Date: Jul 18, 2026

Agee v. Hickenbottom: Leave to Amend Must Be Granted Unless Probable Cause (and Futility) Is Certain on the Face of the Proposed Class-of-One Equal Protection Pleading I. Introduction Case:...

Armstrong Deference Confirmed for ESOP Sale Decisions Absent Conflict; Market Deal Price Anchors Fair-Market-Value and Damages

Date: Jul 18, 2026

Armstrong Deference Confirmed for ESOP Sale Decisions Absent Conflict; Market Deal Price Anchors Fair-Market-Value and Damages 1. Introduction Bruce Rush v. GreatBanc Trust Company (7th Cir. July 17,...

§2D1.1(b)(1) “Procurement-and-Proximity” Rule: Obtaining a Firearm for a Buyer En Route to a Drug Deal Supports the Dangerous-Weapon Enhancement

Date: Jul 18, 2026

§2D1.1(b)(1) “Procurement-and-Proximity” Rule: Obtaining a Firearm for a Buyer En Route to a Drug Deal Supports the Dangerous-Weapon Enhancement 1. Introduction In United States v. Augusto...

Adopting a PSR and “Generally Clear” Reasons Suffice for Consecutive Sentences; No Fact-by-Fact Proof Required for §2K2.1(b)(6)(B) on Plain-Error Review

Date: Jul 18, 2026

Adopting a PSR and “Generally Clear” Reasons Suffice for Consecutive Sentences; No Fact-by-Fact Proof Required for §2K2.1(b)(6)(B) on Plain-Error Review Introduction In United States v. Jason Matthew...

Permanent Injunctions Are Not “De Minimis” Success Under § 1988; Consolidation Does Not Justify Unexplained Fee Cuts

Date: Jul 18, 2026

Permanent Injunctions Are Not “De Minimis” Success Under § 1988; Consolidation Does Not Justify Unexplained Fee Cuts Introduction Sisters for Life, Inc. v. Louisville-Jefferson Cnty. Metro. Gov’t...

Compassionate Release Requires Evidence of Caregiver Incapacitation or Unmet Specialized Medical Care; § 3553(a) Can Independently Defeat Relief

Date: Jul 18, 2026

Compassionate Release Requires Evidence of Caregiver Incapacitation or Unmet Specialized Medical Care; § 3553(a) Can Independently Defeat Relief I. Introduction In United States v. Kenneth Collins...

Permanent Injunctions Are Not “De Minimis” Success Under § 1988; Consolidation and Unreached Theories Do Not Justify Undifferentiated Fee Cuts

Date: Jul 18, 2026

Permanent Injunctions Are Not “De Minimis” Success Under § 1988; Consolidation and Unreached Theories Do Not Justify Undifferentiated Fee Cuts I. Introduction Sisters for Life, Inc. v....

USSG § 3B1.1(c) in Money-Laundering Sentencing: Oversight of Non-Indicted Participants Supports Role Enhancement

Date: Jul 18, 2026

USSG § 3B1.1(c) in Money-Laundering Sentencing: Oversight of Non-Indicted Participants Supports Role Enhancement Introduction In United States v. Gordon Johnson (3d Cir. July 15, 2026)...

United States v. Hernandez: Reasonable Suspicion for Supervised-Release Searches Based on Specific Non-Anonymous Gun Allegations, Concealment, and Monitoring Data; Predicate Drug-Trafficking-with-Firearm Conviction Defeats § 922(g)(1) As-Applied Challenge on Plain-Error Review

Date: Jul 18, 2026

United States v. Hernandez: Reasonable Suspicion for Supervised-Release Searches Based on Specific Non-Anonymous Gun Allegations, Concealment, and Monitoring Data; Predicate...

Post–Matter of S-S-F-M- Rule: Domestic-Violence PSGs Defined by Harm Are Not Cognizable; Vague Anonymous Threats Usually Fail Nexus

Date: Jul 18, 2026

Post–Matter of S-S-F-M- Rule: Domestic-Violence PSGs Defined by Harm Are Not Cognizable; Vague Anonymous Threats Usually Fail Nexus Case: Berlyn Maryrenis Espinoza-Reyes v. Todd Blanche (Acting U.S....

Consecutive Revocation Sentences Upheld for Pre-Revocation Misconduct When the Revoking Court Was Unaware; “Breach of Trust” Remains a Proper Revocation Rationale After Esteras

Date: Jul 18, 2026

Consecutive Revocation Sentences Upheld for Pre-Revocation Misconduct When the Revoking Court Was Unaware; “Breach of Trust” Remains a Proper Revocation Rationale After Esteras Case: United States v....

Deferred MVRA Restitution Survives Notice of Appeal; Fake-Identity Account Opening and Withdrawals Constitute § 1344(1) Bank Fraud

Date: Jul 18, 2026

Deferred MVRA Restitution Survives Notice of Appeal; Fake-Identity Account Opening and Withdrawals Constitute § 1344(1) Bank Fraud Case: United States v. Omoruyi (1st Cir. July 15, 2026) Panel:...

Due Process Requires a Meaningful Opportunity to File: Immigration Courts May Not Block Timely Motions to Reopen and Then Deny Them as Untimely

Date: Jul 18, 2026

Due Process Requires a Meaningful Opportunity to File: Immigration Courts May Not Block Timely Motions to Reopen and Then Deny Them as Untimely I. Introduction In Dwayne Burey v. Todd Blanche (4th...

United States v. Ball: Post-Ruan CSA Prescribing Liability Requires Objective Unauthorized Prescribing Plus Subjective Knowledge—“Her” Practice Not the Measure

Date: Jul 18, 2026

United States v. Ball: Post-Ruan CSA Prescribing Liability Requires Objective Unauthorized Prescribing Plus Subjective Knowledge—“Her” Practice Not the Measure I. Introduction In United States v....

Regulatory-Compliance Clauses Do Not Extinguish “Just Cause”: Third Circuit Reaffirms Extreme Deference to Labor Arbitrators and Bars Judicial Factfinding

Date: Jul 18, 2026

Regulatory-Compliance Clauses Do Not Extinguish “Just Cause”: Third Circuit Reaffirms Extreme Deference to Labor Arbitrators and Bars Judicial Factfinding 1. Introduction In McGuire Memorial v....

Ambiguous Sentencing Rationale Requires Limited Remand for Clarification of “Association with Convicted Felons”

Date: Jul 18, 2026

Ambiguous Sentencing Rationale Requires Limited Remand for Clarification of “Association with Convicted Felons” Case: United States v. Figueroa-Roman (No. 20-1170) Court: Court of Appeals for the...

Life-Threatening Medical Risk as “Extraordinary Circumstances” Warranting Mapp Bail for ICE Detainees Pending Habeas Appeal

Date: Jul 18, 2026

Life-Threatening Medical Risk as “Extraordinary Circumstances” Warranting Mapp Bail for ICE Detainees Pending Habeas Appeal 1. Introduction In Fulton v. Mullin (2d Cir. July 13, 2026), the Second...

Parsons v. Valdez: Qualified Immunity Turns on Arguable Probable Cause and Non‑Material Warrant-Affidavit Omissions

Date: Jul 18, 2026

Parsons v. Valdez: Qualified Immunity Turns on Arguable Probable Cause and Non‑Material Warrant-Affidavit Omissions 1. Introduction Parsons v. Valdez (5th Cir. July 14, 2026) arises from an unusual...

AEDPA Deference Upholding a Mirandized ICU Confession: No “Fruit,” No Seibert Two-Step, and Implied Waiver After Hospitalization

Date: Jul 18, 2026

AEDPA Deference Upholding a Mirandized ICU Confession: No “Fruit,” No Seibert Two-Step, and Implied Waiver After Hospitalization 1. Introduction Case: Keller v. Cain, No. 25-70002 (5th Cir. July 14,...

ERISA Fiduciary-Misrepresentation Standing: “Mistaken Understanding” Alone Is Not an Article III Injury; Plaintiffs Must Prove Concrete Downstream Harm and Traceability

Date: Jul 18, 2026

ERISA Fiduciary-Misrepresentation Standing: “Mistaken Understanding” Alone Is Not an Article III Injury; Plaintiffs Must Prove Concrete Downstream Harm and Traceability 1. Introduction Guenther v. BP...