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affirmation-of-& Case Commentaries

Timing Matters: Tenth Circuit Requires Proof of Indian Status as of the Offense Date under the Major Crimes Act

Timing Matters: Tenth Circuit Requires Proof of Indian Status as of the Offense Date under the Major Crimes Act

Date: Sep 8, 2025
Timing Matters: Tenth Circuit Requires Proof of Indian Status as of the Offense Date under the Major Crimes Act Case: United States v. Hatley, No. 23-7046 (10th Cir. Sept. 5, 2025) (Eid, J.)...
Status, Not Necessity: Tenth Circuit Confirms Medically Retired Servicemembers Remain in the “Land and Naval Forces” and Are Subject to UCMJ Court-Martial

Status, Not Necessity: Tenth Circuit Confirms Medically Retired Servicemembers Remain in the “Land and Naval Forces” and Are Subject to UCMJ Court-Martial

Date: Sep 8, 2025
Status, Not Necessity: Tenth Circuit Confirms Medically Retired Servicemembers Remain in the “Land and Naval Forces” and Are Subject to UCMJ Court-Martial Introduction In a published decision of...
Voluntariness as a Constitutional Safe Harbor: Third Circuit Upholds IRA Drug Price Negotiation Against Takings and Compelled‑Speech Challenges

Voluntariness as a Constitutional Safe Harbor: Third Circuit Upholds IRA Drug Price Negotiation Against Takings and Compelled‑Speech Challenges

Date: Sep 8, 2025
Voluntariness as a Constitutional Safe Harbor: Third Circuit Upholds IRA Drug Price Negotiation Against Takings and Compelled‑Speech Challenges Introduction In Bristol Myers Squibb Co. v. Secretary...
Economic Pressure Is Not Legal Compulsion: Third Circuit Upholds IRA Drug Price Negotiations Against Takings and Compelled‑Speech Challenges

Economic Pressure Is Not Legal Compulsion: Third Circuit Upholds IRA Drug Price Negotiations Against Takings and Compelled‑Speech Challenges

Date: Sep 8, 2025
Economic Pressure Is Not Legal Compulsion: Third Circuit Upholds IRA Drug Price Negotiations Against Takings and Compelled‑Speech Challenges Introduction In a precedential opinion with national...
Defendant’s Autonomy to Contest or Concede Individual Substantive Elements: Third Circuit Bars Counsel from Stipulating Over Client’s Objection; Old Chief/Rehaif Interface Clarified; § 922(g)(1) Not Plainly Unconstitutional

Defendant’s Autonomy to Contest or Concede Individual Substantive Elements: Third Circuit Bars Counsel from Stipulating Over Client’s Objection; Old Chief/Rehaif Interface Clarified; § 922(g)(1) Not Plainly Unconstitutional

Date: Sep 8, 2025
Defendant’s Autonomy to Contest or Concede Individual Substantive Elements: Third Circuit Bars Counsel from Stipulating Over Client’s Objection; Old Chief/Rehaif Interface Clarified; § 922(g)(1) Not...
Prospective Relief Allowed, Property Interest Denied: Fifth Circuit Applies Ex parte Young to Ongoing Medical‑License Restrictions and NPDB Reporting, but Rejects Due‑Process Claim to an Unobtained Unrestricted License

Prospective Relief Allowed, Property Interest Denied: Fifth Circuit Applies Ex parte Young to Ongoing Medical‑License Restrictions and NPDB Reporting, but Rejects Due‑Process Claim to an Unobtained Unrestricted License

Date: Sep 8, 2025
Prospective Relief Allowed, Property Interest Denied: Fifth Circuit Applies Ex parte Young to Ongoing Medical‑License Restrictions and NPDB Reporting, but Rejects Due‑Process Claim to an Unobtained...
Graduation Severs Continuing Violations Under Title IX: Fifth Circuit Reaffirms Two‑Year Limitations (Texas) and Treats Post‑Graduation Retaliation as a Discrete Act

Graduation Severs Continuing Violations Under Title IX: Fifth Circuit Reaffirms Two‑Year Limitations (Texas) and Treats Post‑Graduation Retaliation as a Discrete Act

Date: Sep 8, 2025
Graduation Severs Continuing Violations Under Title IX: Fifth Circuit Reaffirms Two‑Year Limitations (Texas) and Treats Post‑Graduation Retaliation as a Discrete Act Introduction This commentary...
Post‑Earnest Clarification of Doiron: Incidental Vessel Logistics and Transportation Clauses Do Not Convert Oilfield Master Service Contracts into Maritime Agreements

Post‑Earnest Clarification of Doiron: Incidental Vessel Logistics and Transportation Clauses Do Not Convert Oilfield Master Service Contracts into Maritime Agreements

Date: Sep 8, 2025
Post‑Earnest Clarification of Doiron: Incidental Vessel Logistics and Transportation Clauses Do Not Convert Oilfield Master Service Contracts into Maritime Agreements Introduction Offshore Oil...
Nexus over Comparators and FMLA Interference by Omission: Sixth Circuit Partially Revives Pregnancy Discrimination and FMLA Claims in Bunnell v. Beaumont Hospital

Nexus over Comparators and FMLA Interference by Omission: Sixth Circuit Partially Revives Pregnancy Discrimination and FMLA Claims in Bunnell v. Beaumont Hospital

Date: Sep 8, 2025
Nexus over Comparators and FMLA Interference by Omission: Sixth Circuit Partially Revives Pregnancy Discrimination and FMLA Claims in Bunnell v. Beaumont Hospital Court: U.S. Court of Appeals for the...
Clarifying When an EEOC Intake Questionnaire Is (and Is Not) a “Charge”: Sixth Circuit Tightens Holowecki’s Gate for ADA Exhaustion and Reaffirms Michigan PWDCRA’s No-Transfer Rule

Clarifying When an EEOC Intake Questionnaire Is (and Is Not) a “Charge”: Sixth Circuit Tightens Holowecki’s Gate for ADA Exhaustion and Reaffirms Michigan PWDCRA’s No-Transfer Rule

Date: Sep 8, 2025
Clarifying When an EEOC Intake Questionnaire Is (and Is Not) a “Charge”: Sixth Circuit Tightens Holowecki’s Gate for ADA Exhaustion and Reaffirms Michigan PWDCRA’s No-Transfer Rule Case: Jay...
Sixth Circuit clarifies clear‑error review for §2D1.1(b)(12)’s “maintenance” prong and reaffirms probable cause from a single “come‑and‑return” controlled buy

Sixth Circuit clarifies clear‑error review for §2D1.1(b)(12)’s “maintenance” prong and reaffirms probable cause from a single “come‑and‑return” controlled buy

Date: Sep 8, 2025
Sixth Circuit clarifies clear‑error review for §2D1.1(b)(12)’s “maintenance” prong and reaffirms probable cause from a single “come‑and‑return” controlled buy Introduction In United States v. Jayon...
Extending the Collective-Knowledge Doctrine to Sworn 911 Dispatchers: Arguable Probable Cause and Qualified Immunity in 911 Misuse Arrests

Extending the Collective-Knowledge Doctrine to Sworn 911 Dispatchers: Arguable Probable Cause and Qualified Immunity in 911 Misuse Arrests

Date: Sep 8, 2025
Extending the Collective-Knowledge Doctrine to Sworn 911 Dispatchers: Arguable Probable Cause and Qualified Immunity in 911 Misuse Arrests Case: Emma Jane Prospero v. Deputy Ryan Sullivan; Lt....
Eleventh Circuit Holds Court‑Ordered Batterers’ Intervention Programs Are Government Speech, Foreclosing Free Speech and Free Exercise Challenges to State‑Mandated Curricula

Eleventh Circuit Holds Court‑Ordered Batterers’ Intervention Programs Are Government Speech, Foreclosing Free Speech and Free Exercise Challenges to State‑Mandated Curricula

Date: Sep 8, 2025
Eleventh Circuit Holds Court‑Ordered Batterers’ Intervention Programs Are Government Speech, Foreclosing Free Speech and Free Exercise Challenges to State‑Mandated Curricula Introduction In Joseph...
Part‑Specific Proof or No Price Increase: Eleventh Circuit Clarifies Supplier Obligations, Upholds Severe Rule 37 Sanctions, and Elevates Settlement Memoranda in Defining Contract Scope

Part‑Specific Proof or No Price Increase: Eleventh Circuit Clarifies Supplier Obligations, Upholds Severe Rule 37 Sanctions, and Elevates Settlement Memoranda in Defining Contract Scope

Date: Sep 8, 2025
Part‑Specific Proof or No Price Increase: Eleventh Circuit Clarifies Supplier Obligations, Upholds Severe Rule 37 Sanctions, and Elevates Settlement Memoranda in Defining Contract Scope Introduction...
Reaffirming the “Verifying Medical Evidence” Rule and Expert Causation for Delay-Based Eighth Amendment Claims: Commentary on McMillen v. Wexford Health Sources, Inc. (7th Cir. 2025)

Reaffirming the “Verifying Medical Evidence” Rule and Expert Causation for Delay-Based Eighth Amendment Claims: Commentary on McMillen v. Wexford Health Sources, Inc. (7th Cir. 2025)

Date: Sep 8, 2025
Reaffirming the “Verifying Medical Evidence” Rule and Expert Causation for Delay-Based Eighth Amendment Claims: Commentary on McMillen v. Wexford Health Sources, Inc. (7th Cir. 2025) Introduction In...
Fourth Circuit Clarifies Vaccine Act Exhaustion: Special Masters’ Timeliness Rulings Are Preclusive; Gardasil’s Table Listing Upheld Under the Presentment Clause

Fourth Circuit Clarifies Vaccine Act Exhaustion: Special Masters’ Timeliness Rulings Are Preclusive; Gardasil’s Table Listing Upheld Under the Presentment Clause

Date: Sep 8, 2025
Fourth Circuit Clarifies Vaccine Act Exhaustion: Special Masters’ Timeliness Rulings Are Preclusive; Gardasil’s Table Listing Upheld Under the Presentment Clause Introduction In a published decision...
Fourth Circuit Clarifies: Special Masters’ Timeliness Rulings Under the Vaccine Act Are Preclusive Gatekeepers to Tort Suits; Gardasil’s Table Addition Comports with the Presentment Clause

Fourth Circuit Clarifies: Special Masters’ Timeliness Rulings Under the Vaccine Act Are Preclusive Gatekeepers to Tort Suits; Gardasil’s Table Addition Comports with the Presentment Clause

Date: Sep 8, 2025
Fourth Circuit Clarifies: Special Masters’ Timeliness Rulings Under the Vaccine Act Are Preclusive Gatekeepers to Tort Suits; Gardasil’s Table Addition Comports with the Presentment Clause...
Timeliness Determinations Under the Vaccine Act Are Binding in Subsequent Tort Suits; Gardasil’s Addition to the Vaccine Injury Table Upheld Under the Presentment Clause

Timeliness Determinations Under the Vaccine Act Are Binding in Subsequent Tort Suits; Gardasil’s Addition to the Vaccine Injury Table Upheld Under the Presentment Clause

Date: Sep 8, 2025
Timeliness Determinations Under the Vaccine Act Are Binding in Subsequent Tort Suits; Gardasil’s Addition to the Vaccine Injury Table Upheld Under the Presentment Clause Introduction This published...
Agency Implementation of Presidential Orders Remains Reviewable Under the APA Absent a No‑Discretion Mandate: The First Circuit’s Denial of a Stay in Orr v. Trump

Agency Implementation of Presidential Orders Remains Reviewable Under the APA Absent a No‑Discretion Mandate: The First Circuit’s Denial of a Stay in Orr v. Trump

Date: Sep 8, 2025
Agency Implementation of Presidential Orders Remains Reviewable Under the APA Absent a No‑Discretion Mandate: The First Circuit’s Denial of a Stay in Orr v. Trump Introduction This commentary...
Decisionmaker’s Interview Remark About Female Suitability Can Defeat Summary Judgment; Strategic Waiver Limits Babb Protection for Federal ADEA Claims — Commentary on Warner v. DeJoy (1st Cir. 2025)

Decisionmaker’s Interview Remark About Female Suitability Can Defeat Summary Judgment; Strategic Waiver Limits Babb Protection for Federal ADEA Claims — Commentary on Warner v. DeJoy (1st Cir. 2025)

Date: Sep 8, 2025
Decisionmaker’s Interview Remark About Female Suitability Can Defeat Summary Judgment; Strategic Waiver Limits Babb Protection for Federal ADEA Claims — Commentary on Warner v. DeJoy (1st Cir. 2025)...
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