Clarifying the Burden of Proof in Alienage Determinations: Distinguishing "Clear, Unequivocal, and Convincing" from "Clear and Convincing" Introduction The recent decision from the United States...
American Pipe Tolling Ends When a Putative Class Is Kept “On Inactive Life Support” Without Pursuing Certification Case: MSP Recovery Claims, Series LLC v. Fresenius Medical Care Holdings, Inc. (1st...
New Precedent on the Duty of Cure and Maintenance in Maritime Law: Accountability for Untimely and Inadequate Payments Introduction The case of Magnus Aadland v. Boat Santa Rita II, Inc. presents a...
Loan-Like “Advances” Are Not Cure: Breach of the Duty of Cure May Be Found (and Punitive Remedies Considered) Even When Setoffs Eliminate Unpaid-Cure Damages 1. Introduction Aadland v. Boat Santa...
American Pipe Tolling and the Limits on Putative Class Certification: A New Precedent in Statute of Limitations for MDL Product Liability Claims Introduction In this landmark decision from the United...
“Advances” Recoverable Against Any Award Are Loans, Not Cure: Untimely Cure Can Constitute a Willful Breach Supporting Punitive Damages and Attorney’s Fees (Even If Setoffs Eliminate Compensatory...
18 U.S.C. § 641 Embezzlement Is Not a “Continuing Offense” Under Toussie (First Circuit) Case: United States v. Pontz (1st Cir. Mar. 14, 2025) Core holding (new circuit rule): Embezzlement under 18...
18 U.S.C. § 641 Embezzlement Is Not a “Continuing Offense” Under Toussie v. United States; Limitations Runs When the Felony Threshold Is Met United States v. Pontz (1st Cir. Mar. 14, 2025) (Rikelman,...
Redefining Standing and the Scope of Universal Injunctions in Citizenship Challenges Introduction The recent decision by the United States Court of Appeals for the First Circuit, issued on March 11,...
Rosa v. Bondi — Woodby’s “Clear, Unequivocal, and Convincing” Burden Governs Alienage for Inadmissible Respondents (and Is Higher than “Clear and Convincing”) I. Introduction Case: Rosa v. Bondi, No....
Post-Muldrow Adverse-Action Requirement: “Some Harm” Still Demands a Terms-and-Conditions Change; MHCWA “Harassment” Likewise Requires a Terms-and-Conditions Impact (First Cir.) Case: O'Horo v....
Stay Pending Appeal Denied When the Government Declines to Defend Merits and Fails to Undermine State Standing in a Universal Birthright-Citizenship Injunction I. Introduction In State of New Jersey...
Clarifying the Mandatory Stay under Section 1659: Balancing ITC Proceedings and District Court Relief Introduction The present case, VICOR CORPORATION v. FII USA INC., challenges the district court's...
Affirming the Aggravated Predicate: Defining “Crime of Violence” in Post-Conviction Relief Introduction The case of Angel Forteza-GARCIA v. UNITED STATES presents a critical examination of how an...
Aggravated Mail Robbery as a Crime of Violence: Reaffirming the Role of the Force Clause under §924(c) Introduction The present Judgment from the United States Court of Appeals, First Circuit,...
Adherence to Local Rule 56 and the McDonnell Douglas Framework: Affirming Summary Judgment in Discrimination and Retaliation Claims Introduction The case of Carmen Quintana-Dieppa v. Department of...
Affirmation of But-For Causation and the McDonnell Douglas Framework in FCA Retaliation Claims Introduction In this landmark appeal decided on February 24, 2025, in the United States Court of Appeals...
Redefining Injury‐in‐Fact and Traceability: Embracing Geographic Proximity in Environmental Standing Claims Introduction The judgment in Conservation Law Foundation, Inc. v. Academy Express, LLC...
But-For Causation as the Standard for FCA Liability under the 2010 AKS Amendment Introduction In the case of United States of America v. Regeneron Pharmaceuticals, Inc., the United States Court of...
Packaging Weight Inference and the Presumption of Distribution: New Standards in Supervised Release Violations Introduction The case of United States of America v. Guillermo Vasquez-Landaver...