affirmation-of-qualified-immunity-in-prisoners& Case Commentaries

Herring v. City of Ecorse (6th Cir. 2025): Clarifying Waiver-Versus-Forfeiture, Rule 3(c)(4) “Merger,” and Res Judicata in § 1983 Retaliation Litigation

Date: Jul 30, 2025

Herring v. City of Ecorse (6th Cir. 2025): Clarifying Waiver-Versus-Forfeiture, Rule 3(c)(4) “Merger,” and Res Judicata in § 1983 Retaliation Litigation Introduction Cornelius Herring and Geoffrey...

Grand Traverse Band v. Blue Cross (6th Cir 2025): Narrowing Medicare-Like-Rate Obligations to Hospitals and Clarifying the “Actual-Knowledge” Timeliness Trigger for Tribal ERISA Fiduciary Claims

Date: Jul 30, 2025

Grand Traverse Band of Ottawa & Chippewa Indians v. Blue Cross Blue Shield of Michigan Court of Appeals for the Sixth Circuit • 28 July 2025 Introduction The Sixth Circuit’s published decision in...

“Timeliness Is of the Essence” – Sixth Circuit Re-Affirms Forfeiture of Defective NTA Claims and Tightens Particular-Social-Group Analysis in Cobo-Lopez v. Bondi

Date: Jul 30, 2025

“Timeliness Is of the Essence” – Sixth Circuit Re-Affirms Forfeiture of Defective NTA Claims and Tightens Particular-Social-Group Analysis in Cobo-Lopez v. Bondi Commentary on the United States Court...

United States v. Glenn: The Sixth Circuit Narrows the Admissibility of Law-Enforcement “Expert” Translation of Ordinary Text Messages

Date: Jul 30, 2025

United States v. Glenn: The Sixth Circuit Narrows the Admissibility of Law-Enforcement “Expert” Translation of Ordinary Text Messages Introduction United States v. Devante Glenn, No. 23-3926...

United States v. Harbuck: Eleventh Circuit Confirms South Carolina “Assault with Intent to Kill” Is an ACCA Violent Felony and Re-Affirms the Elements Clause’s Constitutional Certainty

Date: Jul 30, 2025

United States v. Harbuck: Eleventh Circuit Confirms South Carolina “Assault with Intent to Kill” Is an ACCA Violent Felony and Re-Affirms the Elements Clause’s Constitutional Certainty 1....

Expanding the Remedial Toolkit: Seventh Circuit Confirms Monetary Sanctions Are Permissible under Rule 37(e)(1) and Sets Clear-Error Review for Intent Findings in E-Discovery Spoliation

Date: Jul 30, 2025

Expanding the Remedial Toolkit: Seventh Circuit Confirms Monetary Sanctions Are Permissible under Rule 37(e)(1) and Sets Clear-Error Review for Intent Findings in E-Discovery Spoliation Introduction...

“Active-Resistance Reasonableness” – Seventh Circuit Re-affirms Split-Second Force and Prompt Post-Restraint Care in Snukis v. Taylor

Date: Jul 30, 2025

“Active-Resistance Reasonableness” – Seventh Circuit Re-affirms Split-Second Force and Prompt Post-Restraint Care in Snukis v. Taylor 1. Introduction On 28 July 2025 the United States Court of...

“No Reliance, No Reversal” – The Seventh Circuit’s Refined Standard for PSR Errors in United States v. Swartz

Date: Jul 30, 2025

“No Reliance, No Reversal” – The Seventh Circuit’s Refined Standard for PSR Errors in United States v. Swartz 1. Introduction In United States v. David Swartz, No. 24-2459 (7th Cir. 2025), the Court...

Active Ratification Required: Lavigne v. Great Salt Bay Community School Board Tightens Pleading Standards for Monell Liability

Date: Jul 30, 2025

Active Ratification Required: Lavigne v. Great Salt Bay Community School Board Tightens Pleading Standards for Monell Liability 1. Introduction Lavigne v. Great Salt Bay Community School Board, No....

Rivera Samayoa v. Bondi: The First Circuit’s Post-Wilkinson Blueprint for Reviewing “Exceptional and Extremely Unusual Hardship” Findings

Date: Jul 30, 2025

Rivera Samayoa v. Bondi: The First Circuit’s Post-Wilkinson Blueprint for Reviewing “Exceptional and Extremely Unusual Hardship” Findings 1. Introduction In Rivera Samayoa v. Bondi, No. 24-1432 (1st...

“Speculation Is Not Probable Cause” – The Michigan Supreme Court’s Implicit Re-affirmation of Robust Gatekeeping at the Preliminary Examination in People v. Amaree Darvell Terry

Date: Jul 30, 2025

“Speculation Is Not Probable Cause” – The Michigan Supreme Court’s Implicit Re-affirmation of Robust Gatekeeping at the Preliminary Examination in People v. Amaree Darvell Terry 1. Introduction On 25...

“Adequate Findings Doctrine” in Petroleum-Cleanup Reimbursement Appeals: The Vermont Supreme Court’s Guidance in In re Cote/Maquam Shore Market (2025 VT 42)

Date: Jul 30, 2025

“Adequate Findings Doctrine” in Petroleum-Cleanup Reimbursement Appeals: Guidance from the Vermont Supreme Court in In re Cote/Maquam Shore Market (2025 VT 42) 1. Introduction This commentary...

State v. LaGore: Vermont Supreme Court Tightens Relevance Standard for Admitting a Child-Victim’s Prior Allegations Against Third Parties

Date: Jul 30, 2025

State v. LaGore: Vermont Supreme Court Tightens Relevance Standard for Admitting a Child-Victim’s Prior Allegations Against Third Parties Introduction In State v. Andy LaGore, 2025 VT 41, the Vermont...

The “Effective Termination” Doctrine: Merithew v. City of Omaha (2025) and the Expanded Definition of Adverse Employment Action Under the NFEPA

Date: Jul 30, 2025

The “Effective Termination” Doctrine: Merithew v. City of Omaha (319 Neb. 551, 2025) and the Expanded Definition of Adverse Employment Action Under the Nebraska Fair Employment Practice Act...

State v. Dolinar: Permanent Waiver of Nebraska’s Statutory Speedy-Trial Right by Defense-Requested Continuance & Expanded Use of Judicial Notice

Date: Jul 30, 2025

State v. Dolinar: Permanent Waiver of Nebraska’s Statutory Speedy-Trial Right by Defense-Requested Continuance & Expanded Use of Judicial Notice Introduction On 25 July 2025, the Nebraska Supreme...

No Automatic Prejudice for Material Discovery Violations & Unified Standard for Speedy-Trial Review: A Commentary on State v. Ramos (319 Neb. 511)

Date: Jul 30, 2025

No Automatic Prejudice for Material Discovery Violations & Unified Standard for Speedy-Trial Review: A Commentary on State v. Ramos (319 Neb. 511) Introduction State v. Ramos, 319 Neb. 511 (Neb. Sup....

“Successive Replacement” under Alaska’s Ranked-Choice Voting – A Commentary on Alaska Democratic Party & Thorne v. Beecher (2025)

Date: Jul 30, 2025

“Successive Replacement” under Alaska’s Ranked-Choice Voting Comprehensive Commentary on Alaska Democratic Party and Anita Thorne v. Director Carol Beecher, et al. Supreme Court of Alaska, Opinion...

“Direct-Appeal Rule” for Alaska Adoptions: Only a Direct Appeal of the Decree Tolls AS 25.23.140(b)

Date: Jul 30, 2025

“Direct-Appeal Rule” for Alaska Adoptions: Only a Direct Appeal of the Decree Tolls AS 25.23.140(b) Introduction This commentary examines the Alaska Supreme Court’s decision in In re Adoption of C.R....

Beyond the Interstate Compact: Alaska Supreme Court Holds ICPC Inapplicable When a Child Is Properly Released to a Parent Under AS 47.14.100(p)

Date: Jul 30, 2025

Beyond the Interstate Compact: Alaska Supreme Court Holds ICPC Inapplicable When a Child Is Properly Released to a Parent Under AS 47.14.100(p) Introduction Native Village of Saint Michael v. State...

“Beyond Mere Opposition to Gangs” – The Second Circuit’s Re-affirmation of the Nexus and Credibility Thresholds for Gang-Related Asylum Claims after Matter of A-B-III

Date: Jul 30, 2025

“Beyond Mere Opposition to Gangs” – The Second Circuit’s Re-affirmation of the Nexus and Credibility Thresholds for Gang-Related Asylum Claims after Matter of A-B-III Introduction In Acero-Zaruma v....

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