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affirmation-of-illinois-central-railroad&amp Case Commentaries

Reasonable Misperception of a Drawn Gun Supports Qualified Immunity Even with Inconclusive Bodycam Footage

Reasonable Misperception of a Drawn Gun Supports Qualified Immunity Even with Inconclusive Bodycam Footage

Date: Sep 27, 2025
Reasonable Misperception of a Drawn Gun Supports Qualified Immunity Even with Inconclusive Bodycam Footage Introduction This commentary analyzes the Seventh Circuit’s decision in Earnise Pam v. City...
Remote Work for In‑Person K‑12 Teaching Requires Plausible, Specific ADA Pleadings; Denial of Accommodation Alone Is Not a Retaliatory Adverse Action

Remote Work for In‑Person K‑12 Teaching Requires Plausible, Specific ADA Pleadings; Denial of Accommodation Alone Is Not a Retaliatory Adverse Action

Date: Sep 27, 2025
Remote Work for In‑Person K‑12 Teaching Requires Plausible, Specific ADA Pleadings; Denial of Accommodation Alone Is Not a Retaliatory Adverse Action Introduction In Bodie-Jernigan v. School Board of...
SURE-Based Email Notifications and Accurate Coding as Pennsylvania’s Minimum Statewide Process for Defective Mail‑In Ballots

SURE-Based Email Notifications and Accurate Coding as Pennsylvania’s Minimum Statewide Process for Defective Mail‑In Ballots

Date: Sep 27, 2025
SURE-Based Email Notifications and Accurate Coding as Pennsylvania’s Minimum Statewide Process for Defective Mail‑In Ballots Introduction In Center for Coalfield Justice v. Washington County Board of...
Actual Reliance and Invited Error: Eleventh Circuit Clarifies Challenges to Sentences Based on Disputed PSI Facts

Actual Reliance and Invited Error: Eleventh Circuit Clarifies Challenges to Sentences Based on Disputed PSI Facts

Date: Sep 27, 2025
Actual Reliance and Invited Error: Eleventh Circuit Clarifies Challenges to Sentences Based on Disputed PSI Facts Introduction In United States v. Jacob Elijah Groover, No. 24-13068 (11th Cir. Sept....
Second Circuit Reaffirms Sloley I: Visual Body Cavity Searches Require Reasonable Suspicion of Concealment Inside a Body Cavity; Erroneous “in or on” Jury Instruction Warrants New Trial

Second Circuit Reaffirms Sloley I: Visual Body Cavity Searches Require Reasonable Suspicion of Concealment Inside a Body Cavity; Erroneous “in or on” Jury Instruction Warrants New Trial

Date: Sep 27, 2025
Second Circuit Reaffirms Sloley I: Visual Body Cavity Searches Require Reasonable Suspicion of Concealment Inside a Body Cavity; Erroneous “in or on” Jury Instruction Warrants New Trial Case: Sloley...
Agencies May Repeal What They Can Enact: Alaska Supreme Court Affirms ADF&G Commissioner’s Implied and Delegated Authority Over Critical Habitat “Compatibility”

Agencies May Repeal What They Can Enact: Alaska Supreme Court Affirms ADF&G Commissioner’s Implied and Delegated Authority Over Critical Habitat “Compatibility”

Date: Sep 27, 2025
Agencies May Repeal What They Can Enact: Alaska Supreme Court Affirms ADF&G Commissioner’s Implied and Delegated Authority Over Critical Habitat “Compatibility” Introduction In State of Alaska...
Reaffirming the High Bar for Post‑Judgment Relief: Eleventh Circuit Clarifies that Alleged Opponent‑Induced Attorney Conflicts and Summary‑Judgment Misstatements Do Not Constitute Rule 60 Fraud or “Exceptional Circumstances” Without Clear, Prejudicial Proof

Reaffirming the High Bar for Post‑Judgment Relief: Eleventh Circuit Clarifies that Alleged Opponent‑Induced Attorney Conflicts and Summary‑Judgment Misstatements Do Not Constitute Rule 60 Fraud or “Exceptional Circumstances” Without Clear, Prejudicial Proof

Date: Sep 27, 2025
Reaffirming the High Bar for Post‑Judgment Relief: Eleventh Circuit Clarifies that Alleged Opponent‑Induced Attorney Conflicts and Summary‑Judgment Misstatements Do Not Constitute Rule 60 Fraud or...
Ambiguity in Pro Se Filing Timing and Accrual of False Imprisonment Precludes 12(b)(6) Time-Bar Dismissal: Corley v. Rantab Enterprises, Inc. (2d Cir. 2025)

Ambiguity in Pro Se Filing Timing and Accrual of False Imprisonment Precludes 12(b)(6) Time-Bar Dismissal: Corley v. Rantab Enterprises, Inc. (2d Cir. 2025)

Date: Sep 27, 2025
Ambiguity in Pro Se Filing Timing and Accrual of False Imprisonment Precludes 12(b)(6) Time-Bar Dismissal Introduction In a nonprecedential but instructive summary order, the United States Court of...
Alaska Supreme Court Clarifies ICWA: No “Active Efforts” Duty to Extended Family in Post-Removal Placement Requests

Alaska Supreme Court Clarifies ICWA: No “Active Efforts” Duty to Extended Family in Post-Removal Placement Requests

Date: Sep 27, 2025
ICWA’s “Active Efforts” Focus on Parents and Indian Custodians, Not Extended Family: Alaska Supreme Court’s Decision in Betsy F. v. State (No. 7789, Sept. 26, 2025) Introduction In a decision of...
Concurrent Permanency Planning Is Discretionary, Not Mandatory, Under Wyo. Stat. § 14-3-440: Wyoming Supreme Court Affirms Shift to Adoption in In the Interest of LC (2025 WY 105)

Concurrent Permanency Planning Is Discretionary, Not Mandatory, Under Wyo. Stat. § 14-3-440: Wyoming Supreme Court Affirms Shift to Adoption in In the Interest of LC (2025 WY 105)

Date: Sep 27, 2025
Concurrent Permanency Planning Is Discretionary, Not Mandatory, Under Wyo. Stat. § 14-3-440: Wyoming Supreme Court Affirms Shift to Adoption in In the Interest of LC (2025 WY 105) Introduction The...
One Note, One Transaction: Nebraska Clarifies Recoupment’s “Same Transaction” Test and Tightens Imputation for the Discovery Rule in Konecne v. Abram, LLC

One Note, One Transaction: Nebraska Clarifies Recoupment’s “Same Transaction” Test and Tightens Imputation for the Discovery Rule in Konecne v. Abram, LLC

Date: Sep 27, 2025
One Note, One Transaction: Nebraska Clarifies Recoupment’s “Same Transaction” Test and Tightens Imputation for the Discovery Rule in Konecne v. Abram, LLC Introduction In Konecne v. Abram, LLC, 319...
Inquiry Notice Triggers OUTSA Limitations and “New Matter” Limits Derivative Software Registrations: Cincom Systems, Inc. v. LabWare, Inc.

Inquiry Notice Triggers OUTSA Limitations and “New Matter” Limits Derivative Software Registrations: Cincom Systems, Inc. v. LabWare, Inc.

Date: Sep 27, 2025
Inquiry Notice Triggers OUTSA Limitations and “New Matter” Limits Derivative Software Registrations: Cincom Systems, Inc. v. LabWare, Inc. Introduction In Cincom Systems, Inc. v. LabWare, Inc., No....
Circumstantial Evidence and Motive Can Sustain Sentencing Fact-Finding; Unpreserved Procedural Claims Face Plain-Error Hurdle — United States v. Meyers (11th Cir. 2025)

Circumstantial Evidence and Motive Can Sustain Sentencing Fact-Finding; Unpreserved Procedural Claims Face Plain-Error Hurdle — United States v. Meyers (11th Cir. 2025)

Date: Sep 27, 2025
Circumstantial Evidence and Motive Can Sustain Sentencing Fact-Finding; Unpreserved Procedural Claims Face Plain-Error Hurdle Case: United States v. Leslie Meyers, No. 24-12915 (11th Cir. Sept. 26,...
No Post‑Judgment Conversion to Concurrency: Eleventh Circuit Affirms That Only Statutory Mechanisms Permit Changing a Federal Sentence to Run Concurrently with a Later‑Imposed State Term

No Post‑Judgment Conversion to Concurrency: Eleventh Circuit Affirms That Only Statutory Mechanisms Permit Changing a Federal Sentence to Run Concurrently with a Later‑Imposed State Term

Date: Sep 27, 2025
No Post‑Judgment Conversion to Concurrency: Eleventh Circuit Affirms That Only Statutory Mechanisms Permit Changing a Federal Sentence to Run Concurrently with a Later‑Imposed State Term Introduction...
Post-Wade Deliberate Indifference: Knowingly Ineffective Treatment and Cancellation of IV Antibiotics Can Establish Subjective Recklessness — Commentary on Canyon Moye v. Pouparinas (11th Cir. 2025)

Post-Wade Deliberate Indifference: Knowingly Ineffective Treatment and Cancellation of IV Antibiotics Can Establish Subjective Recklessness — Commentary on Canyon Moye v. Pouparinas (11th Cir. 2025)

Date: Sep 27, 2025
Post-Wade Deliberate Indifference: Knowingly Ineffective Treatment and Cancellation of IV Antibiotics Can Establish Subjective Recklessness Case: Canyon Duff Moye v. Manuel Pouparinas Court: U.S....
Harmless-Error Rule in Supervised-Release Revocations: One Proven Violation Suffices, and Unnecessary Findings Do Not Upset Revocation or Sentence When the Guidelines Range Is Unchanged

Harmless-Error Rule in Supervised-Release Revocations: One Proven Violation Suffices, and Unnecessary Findings Do Not Upset Revocation or Sentence When the Guidelines Range Is Unchanged

Date: Sep 27, 2025
Harmless-Error Rule in Supervised-Release Revocations: One Proven Violation Suffices, and Unnecessary Findings Do Not Upset Revocation or Sentence When the Guidelines Range Is Unchanged Introduction...
No “In-for-One, In-for-All” Duty for Non‑Insurer Indemnitors Under Illinois Law: Second Circuit’s Predictive Ruling in BP Products North America Inc. v. ExxonMobil Corp. (Summary Order)

No “In-for-One, In-for-All” Duty for Non‑Insurer Indemnitors Under Illinois Law: Second Circuit’s Predictive Ruling in BP Products North America Inc. v. ExxonMobil Corp. (Summary Order)

Date: Sep 27, 2025
No “In-for-One, In-for-All” Duty for Non‑Insurer Indemnitors Under Illinois Law: Second Circuit’s Predictive Ruling in BP Products North America Inc. v. ExxonMobil Corp. (Summary Order) Introduction...
No Exhaustion Without Sworn Proof: Third Circuit Reinforces Declaration Requirement in PLRA Disputes (Payne v. Gourley)

No Exhaustion Without Sworn Proof: Third Circuit Reinforces Declaration Requirement in PLRA Disputes (Payne v. Gourley)

Date: Sep 26, 2025
No Exhaustion Without Sworn Proof: Third Circuit Reinforces Declaration Requirement in PLRA Disputes Commentary on Payne v. Gourley, No. 25-1765 (3d Cir. Sept. 24, 2025) (nonprecedential)...
Acceptance of Responsibility Cannot Be Denied Based Solely on Pre‑Notice Arrest Conduct: Third Circuit Vacates Sentence in United States v. Guerrero Grimaldos

Acceptance of Responsibility Cannot Be Denied Based Solely on Pre‑Notice Arrest Conduct: Third Circuit Vacates Sentence in United States v. Guerrero Grimaldos

Date: Sep 26, 2025
Acceptance of Responsibility Cannot Be Denied Based Solely on Pre‑Notice Arrest Conduct: Third Circuit Vacates Sentence in United States v. Guerrero Grimaldos Court: U.S. Court of Appeals for the...
Rebutting the SGA Presumption Requires Concrete Proof of Subsidy: Fourth Circuit Affirms Step-Four Denial Based on Religious Employment and “As Actually Performed” Past Work

Rebutting the SGA Presumption Requires Concrete Proof of Subsidy: Fourth Circuit Affirms Step-Four Denial Based on Religious Employment and “As Actually Performed” Past Work

Date: Sep 26, 2025
Rebutting the SGA Presumption Requires Concrete Proof of Subsidy: Fourth Circuit Affirms Step-Four Denial Based on Religious Employment and “As Actually Performed” Past Work Case: William Kinlaw v....
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