clarifying-the-&amp Case Commentaries

Pre-enforcement Excessive Fines Challenges to IRA §5000D Excise Tax Are Barred by the Anti-Injunction and Declaratory Judgment Acts; Voluntariness of Medicare Drug Price Negotiations Reaffirmed

Date: Sep 12, 2025

Pre-enforcement Excessive Fines Challenges to IRA §5000D Excise Tax Are Barred by the Anti-Injunction and Declaratory Judgment Acts; Voluntariness of Medicare Drug Price Negotiations Reaffirmed...

No Country-Conditions Hardship When Children Remain in the U.S.: The Third Circuit’s Post‑Wilkinson Roadmap for Reviewing Cancellation of Removal and Enforcing Exhaustion

Date: Sep 12, 2025

No Country-Conditions Hardship When Children Remain in the U.S.: The Third Circuit’s Post‑Wilkinson Roadmap for Reviewing Cancellation of Removal and Enforcing Exhaustion Introduction In Edin Samuel...

Curative Instructions Suffice for Isolated, Inadvertent References to Prior Felony Status: Walker v. State (2025 Ark. 127)

Date: Sep 12, 2025

Curative Instructions Suffice for Isolated, Inadvertent References to Prior Felony Status: Walker v. State (2025 Ark. 127) Court: Supreme Court of Arkansas Date: September 11, 2025 Citation: 2025...

No Two‑Step Reconsideration Motions under WDCR 12(8)/DCR 13(7) and Sanctionable “Mediation‑as‑Pretext” Deception under RPC 4.1

Date: Sep 12, 2025

No Two‑Step Reconsideration Motions under WDCR 12(8)/DCR 13(7) and Sanctionable “Mediation‑as‑Pretext” Deception under RPC 4.1 Case Controlled Contamination Services, LLC v. Dist. Ct. (Fredericks),...

"Hands-On" Is Not "Hands-In": Indiana Supreme Court Permanently Bars Judge for Problem-Solving Court Boundary Violations and Conflicts — In the Matter of Matthew John Elkin

Date: Sep 12, 2025

"Hands-On" Is Not "Hands-In": Permanent Ban for Boundary Violations, Favoritism, and Conflicts in Problem-Solving Courts Introduction In a per curiam decision, the Supreme Court of Indiana...

Wrongful‑Death Beneficiaries Stand in the Shoes of Government Employees: Mississippi Supreme Court Extends MTCA § 11-46-9(1)(l) Immunity to Bar Claims Against Any Governmental Entity and Upholds Statute’s Constitutionality

Date: Sep 12, 2025

Wrongful‑Death Beneficiaries Stand in the Shoes of Government Employees: Mississippi Supreme Court Extends MTCA § 11-46-9(1)(l) Immunity to Bar Claims Against Any Governmental Entity and Upholds...

Issue Preservation in Mississippi Tax Appeals: Chancery Court’s De Novo Review under § 27-77-7 Is Limited to Properly Appealed Questions; No Advisory Opinions

Date: Sep 12, 2025

Issue Preservation in Mississippi Tax Appeals: Chancery Court’s De Novo Review under § 27-77-7 Is Limited to Properly Appealed Questions; No Advisory Opinions Case: Watkins Construction, Inc. v....

Nakoa III: Dual‑Check Standard for Emergency Proclamations, Mandatory HRS §127A‑27 Process, and Environmental‑Right Standing

Date: Sep 12, 2025

Nakoa III: Dual‑Check Standard for Emergency Proclamations, Mandatory HRS §127A‑27 Process, and Environmental‑Right Standing Introduction In Nakoa III v. Governor of the State of Hawai‘i, the Hawai‘i...

Approving the Grievance Undercuts Retaliation; Eighteen Days Without a Mattress Is Not “Objectively Serious” Under the Eighth Amendment

Date: Sep 12, 2025

Approving the Grievance Undercuts Retaliation; Eighteen Days Without a Mattress Is Not “Objectively Serious” Under the Eighth Amendment Introduction In Eddie James Moultrie v. G. Edwards (11th Cir....

AMP Means the Price Realized: Seventh Circuit Holds Post‑Sale “Clawbacks” Must Be Included and Are Not Bona Fide Service Fees (United States ex rel. Streck v. Eli Lilly)

Date: Sep 12, 2025

AMP Means the Price Realized: Post‑Sale “Clawbacks” Must Be Included and Are Not Bona Fide Service Fees United States ex rel. Streck v. Eli Lilly and Company (7th Cir. Sept. 11, 2025) Introduction...

Respondent Must Invoke Right to Review Evidence: Second Circuit Reads 8 C.F.R. § 1240.10(a)(4) as Advisory Only and Reaffirms Presumption of Competence in Removal Proceedings

Date: Sep 12, 2025

Respondent Must Invoke Right to Review Evidence: Second Circuit Reads 8 C.F.R. § 1240.10(a)(4) as Advisory Only and Reaffirms Presumption of Competence in Removal Proceedings Note: This is a summary...

Sixth Circuit: Employees Must Give “Reasonably Specific” Notice of Religious Conflicts; Safety Risks and Testing Logistics Can Create Title VII Undue Hardship

Date: Sep 12, 2025

Sixth Circuit: Employees Must Give “Reasonably Specific” Notice of Religious Conflicts; Safety Risks and Testing Logistics Can Create Title VII Undue Hardship Introduction In Christina Henry v....

No Individualized Dangerousness Assessment for Drug‑Trafficking Felons Under § 922(g)(1): Fifth Circuit Harmonizes Reyes with Kimble in United States v. Orozco

Date: Sep 12, 2025

No Individualized Dangerousness Assessment for Drug‑Trafficking Felons Under § 922(g)(1): Fifth Circuit Harmonizes Reyes with Kimble in United States v. Orozco Introduction In United States v....

Cross-Examination That Elicits Corroborative Medical Evidence Does Not Constitute Ineffective Assistance; Demeanor and Consistent Forensic Interviews Can Corroborate Child Hearsay Under FCA § 1046(a)(vi)

Date: Sep 12, 2025

Cross-Examination That Elicits Corroborative Medical Evidence Does Not Constitute Ineffective Assistance; Demeanor and Consistent Forensic Interviews Can Corroborate Child Hearsay Under FCA §...

AMP Must Include Price-Value Clawbacks: The Seventh Circuit’s plain-meaning rule for Medicaid rebate reporting and the limits of “reasonable assumptions” under the FCA

Date: Sep 12, 2025

AMP Must Include Price-Value Clawbacks: The Seventh Circuit’s plain-meaning rule for Medicaid rebate reporting and the limits of “reasonable assumptions” under the FCA Introduction In United States,...

“AMP Means the Price Actually Realized”: Seventh Circuit Rejects Bona Fide Service Fee Treatment of Price-Increase Clawbacks and Affirms FCA Liability

Date: Sep 12, 2025

“AMP Means the Price Actually Realized”: Seventh Circuit Rejects Bona Fide Service Fee Treatment of Price-Increase Clawbacks and Affirms FCA Liability Introduction In United States, et al., ex rel....

Approving a Prisoner’s Grievances Undercuts Retaliation Claims; Eighteen Days Without a Mattress Is Not “Objectively” Cruel and Unusual in the Eleventh Circuit

Date: Sep 12, 2025

Approving a Prisoner’s Grievances Undercuts Retaliation Claims; Eighteen Days Without a Mattress Is Not “Objectively” Cruel and Unusual in the Eleventh Circuit Introduction In Eddie James Moultrie v....

Haverkamp v. Linthicum: No Standing Without a Likely Medical Referral — Fifth Circuit Clarifies Traceability and Redressability in Prison-Surgery Challenges

Date: Sep 12, 2025

Haverkamp v. Linthicum: No Standing Without a Likely Medical Referral — Fifth Circuit Clarifies Traceability and Redressability in Prison-Surgery Challenges Introduction In Haverkamp v. Linthicum,...

Clarifying “Antitrust Injury” vs. Substantive Pleading and Reaffirming Rule‑of‑Reason Requirements for Vertical Restraints: Amigo Shuttle v. Port Authority (2d Cir. 2025)

Date: Sep 12, 2025

Clarifying “Antitrust Injury” vs. Substantive Pleading and Reaffirming Rule‑of‑Reason Requirements for Vertical Restraints: Amigo Shuttle v. Port Authority (2d Cir. 2025) Court: U.S. Court of Appeals...

TROs Create Presumptive Probable Cause and 2020 Anti‑SLAPP Amendments Are Not Retroactive: Commentary on GLD3, LLC v. Albra

Date: Sep 11, 2025

TROs Create Presumptive Probable Cause and 2020 Anti‑SLAPP Amendments Are Not Retroactive Commentary on GLD3, LLC v. Albra, 2025 NY Slip Op 04881 (2d Dept. Sept. 10, 2025) Introduction The Appellate...

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