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  • Commentaries
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new-precedent-on... Case Commentaries

Contractual References to Disability Insurance “Procedures” and Employer Termination Authority: Commentary on Leit v. Aspirus Medical Group, Inc.

Contractual References to Disability Insurance “Procedures” and Employer Termination Authority: Commentary on Leit v. Aspirus Medical Group, Inc.

Date: Dec 24, 2025
Contractual References to Disability Insurance “Procedures” and Employer Termination Authority: Commentary on Leit v. Aspirus Medical Group, Inc. I. Introduction This commentary examines the United...
United States v. Day: Count-Specific Limits on Substantial-Assistance Departures Below Mandatory Minimums

United States v. Day: Count-Specific Limits on Substantial-Assistance Departures Below Mandatory Minimums

Date: Dec 24, 2025
United States v. Day: Count-Specific Limits on Substantial-Assistance Departures Below Mandatory Minimums I. Introduction In United States v. Erika Kelley Day, No. 24-13312 (11th Cir. Dec. 23, 2025),...
Implicit Breaches of Plea Agreements and Improper Reliance on First Step Act Credits: Commentary on United States v. Bland (2d Cir. 2025)

Implicit Breaches of Plea Agreements and Improper Reliance on First Step Act Credits: Commentary on United States v. Bland (2d Cir. 2025)

Date: Dec 24, 2025
Implicit Breaches of Plea Agreements and Improper Reliance on First Step Act Credits: Commentary on United States v. Bland (2d Cir. 2025) I. Introduction The Second Circuit’s summary order in United...
Finality of “Without Prejudice” Dismissals and Limits on § 1983 Suits over Workers’ Compensation Benefits: Commentary on Petre v. American Motorist Insurance Co.

Finality of “Without Prejudice” Dismissals and Limits on § 1983 Suits over Workers’ Compensation Benefits: Commentary on Petre v. American Motorist Insurance Co.

Date: Dec 24, 2025
Finality of “Without Prejudice” Dismissals and Limits on § 1983 Suits over Workers’ Compensation Benefits: Commentary on Petre v. American Motorist Insurance Co. Court: U.S. Court of Appeals for the...

    Knowledge, Necessity, and Objective Reasonableness in Fair Housing Act Accommodation and Retaliation Claims:
    Commentary on Carlos Alonso Cano v. 245 C&C, LLC (11th Cir.)

Knowledge, Necessity, and Objective Reasonableness in Fair Housing Act Accommodation and Retaliation Claims: Commentary on Carlos Alonso Cano v. 245 C&C, LLC (11th Cir.)

Date: Dec 24, 2025
Knowledge, Necessity, and Objective Reasonableness in Fair Housing Act Accommodation and Retaliation Claims: Commentary on Cano v. 245 C&C, LLC (11th Cir.) Disclaimer: This commentary is for...
Strict Preservation and Proof Requirements in Fair Housing Act Litigation: Commentary on Carlos Alonso Cano v. 245 C&C, LLC (11th Cir.)

Strict Preservation and Proof Requirements in Fair Housing Act Litigation: Commentary on Carlos Alonso Cano v. 245 C&C, LLC (11th Cir.)

Date: Dec 24, 2025
Strict Preservation and Proof Requirements in Fair Housing Act Litigation: Commentary on Carlos Alonso Cano v. 245 C&C, LLC (11th Cir.) I. Introduction This consolidated Eleventh Circuit decision,...
Condominium Descriptions and Futile Tender: The Idaho Supreme Court Refines Statute of Frauds and Specific Performance in McLaughlin v. Moore

Condominium Descriptions and Futile Tender: The Idaho Supreme Court Refines Statute of Frauds and Specific Performance in McLaughlin v. Moore

Date: Dec 24, 2025
Condominium Descriptions and Futile Tender: The Idaho Supreme Court Refines Statute of Frauds and Specific Performance in McLaughlin v. Moore I. Introduction In McLaughlin v. Moore, Docket No....
Nevada Supreme Court Rejects the Automatic Companion Rule: Individualized Reasonable Suspicion Required to Detain or Search a Suspect’s Companion

Nevada Supreme Court Rejects the Automatic Companion Rule: Individualized Reasonable Suspicion Required to Detain or Search a Suspect’s Companion

Date: Dec 24, 2025
Nevada Supreme Court Rejects the Automatic Companion Rule: Individualized Reasonable Suspicion Required to Detain or Search a Suspect’s Companion I. Introduction In State v. Dubuc, 141 Nev., Adv. Op....
Provisional Sealing, Not Secret Trusts: New York Times Co. v. Dist. Ct. (Doe 1 Trust) and the Preservation of Nevada’s Presumption of Open Courts

Provisional Sealing, Not Secret Trusts: New York Times Co. v. Dist. Ct. (Doe 1 Trust) and the Preservation of Nevada’s Presumption of Open Courts

Date: Dec 24, 2025
Provisional Sealing, Not Secret Trusts: New York Times Co. v. Dist. Ct. (Doe 1 Trust) and the Preservation of Nevada’s Presumption of Open Courts I. Introduction The Nevada Supreme Court’s en banc...
“Professional Courtesy Is Not Good Cause”: Nevada Supreme Court Clarifies Deadlines, Defaults, and Dismissals in El Cortez Reno Holdings, LLC v. PFPCO's Noble Pie Parlor

“Professional Courtesy Is Not Good Cause”: Nevada Supreme Court Clarifies Deadlines, Defaults, and Dismissals in El Cortez Reno Holdings, LLC v. PFPCO's Noble Pie Parlor

Date: Dec 24, 2025
“Professional Courtesy Is Not Good Cause”: Nevada Supreme Court Clarifies Deadlines, Defaults, and Dismissals in El Cortez Reno Holdings, LLC v. PFPCO's Noble Pie Parlor I. Introduction This en banc...
Liberal Amendment After Intervening Changes in Law: State, Comm'r of Ins. v. Chur and NRCP 15

Liberal Amendment After Intervening Changes in Law: State, Comm'r of Ins. v. Chur and NRCP 15

Date: Dec 24, 2025
Liberal Amendment After Intervening Changes in Law: State, Commissioner of Insurance v. Chur and NRCP 15 1. Introduction The Nevada Supreme Court’s en banc decision in State of Nevada, Commissioner...
Monell Policy Liability, Rehabilitation Act Pleading, and Prison Medical Care: Commentary on Akard v. Wexford of Indiana, LLC (7th Cir. 2025)

Monell Policy Liability, Rehabilitation Act Pleading, and Prison Medical Care: Commentary on Akard v. Wexford of Indiana, LLC (7th Cir. 2025)

Date: Dec 24, 2025
Monell Policy Liability, Rehabilitation Act Pleading, and Prison Medical Care: Commentary on Akard v. Wexford of Indiana, LLC (7th Cir. 2025) Note: The Seventh Circuit explicitly designates this as a...
Mortgage Servicers and Notice‑and‑Cure Clauses: The Seventh Circuit Limits “Assignee” Status Under Illinois Law in Milam v. Selene Finance

Mortgage Servicers and Notice‑and‑Cure Clauses: The Seventh Circuit Limits “Assignee” Status Under Illinois Law in Milam v. Selene Finance

Date: Dec 24, 2025
Mortgage Servicers and Notice‑and‑Cure Clauses: The Seventh Circuit Limits “Assignee” Status Under Illinois Law in Milam v. Selene Finance Introduction The Seventh Circuit’s decision in Ramona Milam...
Robinson v. Lammer and the End of the Seventh Circuit’s Savings‑Clause Workaround after Jones v. Hendrix

Robinson v. Lammer and the End of the Seventh Circuit’s Savings‑Clause Workaround after Jones v. Hendrix

Date: Dec 24, 2025
Robinson v. Lammer and the End of the Seventh Circuit’s Savings‑Clause Workaround after Jones v. Hendrix I. Introduction The Seventh Circuit’s decision in Julius O. Robinson v. Brian Lammer, No....
No Taking in Police-Power Vehicle Forfeiture: The Seventh Circuit’s Decision in O'Donnell v. City of Chicago

No Taking in Police-Power Vehicle Forfeiture: The Seventh Circuit’s Decision in O'Donnell v. City of Chicago

Date: Dec 24, 2025
No Taking in Police-Power Vehicle Forfeiture: The Seventh Circuit’s Decision in O'Donnell v. City of Chicago I. Introduction The Seventh Circuit’s decision in Ryan O'Donnell & Michael Goree v. City...

    Suspicion Is Not Enough: The Seventh Circuit’s Strict Application of Employer Expectations, Comparator Evidence, and Retaliation Causation in Rabenhorst v. Noem

Suspicion Is Not Enough: The Seventh Circuit’s Strict Application of Employer Expectations, Comparator Evidence, and Retaliation Causation in Rabenhorst v. Noem

Date: Dec 23, 2025
Suspicion Is Not Enough: The Seventh Circuit’s Strict Application of Employer Expectations, Comparator Evidence, and Retaliation Causation in Rabenhorst v. Noem I. Introduction This commentary...
Clarifying Language-Based Harassment and EEOC Religious Exhaustion: Commentary on Elena Mukhina v. Walmart, Inc.

Clarifying Language-Based Harassment and EEOC Religious Exhaustion: Commentary on Elena Mukhina v. Walmart, Inc.

Date: Dec 23, 2025
Clarifying Language-Based Harassment and EEOC Religious Exhaustion: Commentary on Elena Mukhina v. Walmart, Inc. I. Introduction The Eleventh Circuit’s published decision in Elena Mukhina v. Walmart,...
Conditioning FMLA Leave on Medical Disclosure as an ADA “Inquiry”: A Commentary on Aileen Mullin v. Secretary, U.S. Department of Veterans Affairs

Conditioning FMLA Leave on Medical Disclosure as an ADA “Inquiry”: A Commentary on Aileen Mullin v. Secretary, U.S. Department of Veterans Affairs

Date: Dec 23, 2025
Conditioning FMLA Leave on Medical Disclosure as an ADA “Inquiry”: A Commentary on Aileen Mullin v. Secretary, U.S. Department of Veterans Affairs (11th Cir. Dec. 22, 2025) I. Introduction This...
Discretionary Stays and Prompt Resolution of Wrongful Conviction Compensation Claims in Louisiana: Commentary on Dwayne Williams v. State of Louisiana

Discretionary Stays and Prompt Resolution of Wrongful Conviction Compensation Claims in Louisiana: Commentary on Dwayne Williams v. State of Louisiana

Date: Dec 23, 2025
Discretionary Stays and Prompt Resolution of Wrongful Conviction Compensation Claims in Louisiana Commentary on Dwayne Williams v. State of Louisiana, 2025-KK-00688 (La. Dec. 18, 2025) I....
The Duty of Full Candor in Pro Hac Vice Admissions and Federal Filings: Commentary on In re Henry L. Klein (La. 2025)

The Duty of Full Candor in Pro Hac Vice Admissions and Federal Filings: Commentary on In re Henry L. Klein (La. 2025)

Date: Dec 23, 2025
The Duty of Full Candor in Pro Hac Vice Admissions and Federal Filings: Commentary on In re Henry L. Klein (La. 2025) I. Introduction The Supreme Court of Louisiana’s per curiam decision in In re:...
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