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comprehensive-interpretation-of-& Case Commentaries

Elder v. Bass: Chronic Sanitation Failures as a Per Se Eighth-Amendment Violation in the Fifth Circuit

Elder v. Bass: Chronic Sanitation Failures as a Per Se Eighth-Amendment Violation in the Fifth Circuit

Date: Aug 12, 2025
Elder v. Bass: Chronic Sanitation Failures as a Per Se Eighth-Amendment Violation in the Fifth Circuit Introduction Elder v. Bass (5th Cir. Aug. 5, 2025) addresses whether prolonged and recurring...
Narayanan v. Midwestern – Fifth Circuit Tightens the “Near-Identical Comparator” and “Close Temporal Proximity” Tests under Title VII

Narayanan v. Midwestern – Fifth Circuit Tightens the “Near-Identical Comparator” and “Close Temporal Proximity” Tests under Title VII

Date: Aug 12, 2025
Narayanan v. Midwestern – Fifth Circuit Tightens the “Near-Identical Comparator” and “Close Temporal Proximity” Tests under Title VII Introduction The United States Court of Appeals for the Fifth...
Fifth Circuit Rejects Per-Se Emergency Rule for Shoulder Dystocia and Affirms FTCA Jurisdiction over Gross-Negligence Obstetrical Claims

Fifth Circuit Rejects Per-Se Emergency Rule for Shoulder Dystocia and Affirms FTCA Jurisdiction over Gross-Negligence Obstetrical Claims

Date: Aug 12, 2025
Fifth Circuit Rejects Per-Se Emergency Rule for Shoulder Dystocia and Affirms FTCA Jurisdiction over Gross-Negligence Obstetrical Claims Introduction In Robledo v. United States, No. 24-50810 (5th...
“Helplessness as the Touchstone” – Fifth Circuit Clarifies Employer Duty When Quarantining COVID-Positive H-2A Workers (Rodriguez v. Blaine Larsen Farms)

“Helplessness as the Touchstone” – Fifth Circuit Clarifies Employer Duty When Quarantining COVID-Positive H-2A Workers (Rodriguez v. Blaine Larsen Farms)

Date: Aug 12, 2025
“Helplessness as the Touchstone” – Fifth Circuit Clarifies Employer Duty When Quarantining COVID-Positive H-2A Workers Commentary on Rodriguez v. Blaine Larsen Farms, Inc., No. 22-10514 (5th Cir....
“Significant Record Evidence” Beyond Temporal Proximity: Fifth Circuit Clarifies Pre-Text Standard in Title VII Retaliation – A Commentary on Sotonwa v. Collins

“Significant Record Evidence” Beyond Temporal Proximity: Fifth Circuit Clarifies Pre-Text Standard in Title VII Retaliation – A Commentary on Sotonwa v. Collins

Date: Aug 12, 2025
“Significant Record Evidence” Beyond Temporal Proximity: Fifth Circuit Clarifies Pre-Text Standard in Title VII Retaliation – A Commentary on Sotonwa v. Collins 1. Introduction In Sotonwa v. Collins,...
Talley v. Jackson State University: Fifth Circuit Re-Affirms Minimal Due-Process in Campus Discipline and Scope of Search-Incident-to-Arrest

Talley v. Jackson State University: Fifth Circuit Re-Affirms Minimal Due-Process in Campus Discipline and Scope of Search-Incident-to-Arrest

Date: Aug 12, 2025
Talley v. Jackson State University: Fifth Circuit Re-Affirms Minimal Due-Process in Campus Discipline and Scope of Search-Incident-to-Arrest 1. Introduction The unpublished opinion in Talley v....
United States v. Hill: Reinforcing the “Independent § 3553(a) Factors” Exception to Guidelines Error on Plain-Error Review

United States v. Hill: Reinforcing the “Independent § 3553(a) Factors” Exception to Guidelines Error on Plain-Error Review

Date: Aug 12, 2025
United States v. Hill: Reinforcing the “Independent § 3553(a) Factors” Exception to Guidelines Error on Plain-Error Review Introduction In United States v. Hill, No. 24-30669 (5th Cir. Aug. 5, 2025),...
United States v. LeBlanc: The Fifth Circuit’s Firm Embrace of Diaz and the Historical Disarmament of Property Offenders

United States v. LeBlanc: The Fifth Circuit’s Firm Embrace of Diaz and the Historical Disarmament of Property Offenders

Date: Aug 12, 2025
United States v. LeBlanc: The Fifth Circuit’s Firm Embrace of Diaz and the Historical Disarmament of Property Offenders Introduction United States v. LeBlanc, No. 24-30036 (5th Cir. Aug. 5, 2025),...
Scheme-Wide Scrutiny: United States v. Stone and the Fifth Circuit’s Refined Test for “Sophisticated Means” & “Abuse-of-Trust” Enhancements

Scheme-Wide Scrutiny: United States v. Stone and the Fifth Circuit’s Refined Test for “Sophisticated Means” & “Abuse-of-Trust” Enhancements

Date: Aug 12, 2025
Scheme-Wide Scrutiny: United States v. Stone and the Fifth Circuit’s Refined Test for “Sophisticated Means” & “Abuse-of-Trust” Enhancements 1. Introduction United States v. Stone, No. 24-10115 (5th...
Mandatory Vacatur of Expired PLRA Preliminary Injunctions: Voice of the Experienced v. Westcott

Mandatory Vacatur of Expired PLRA Preliminary Injunctions: Voice of the Experienced v. Westcott

Date: Aug 12, 2025
Mandatory Vacatur of Expired PLRA Preliminary Injunctions: Voice of the Experienced v. Westcott Introduction The Fifth Circuit’s unpublished but precedentially significant decision in Voice of the...
“More Than One Motive”: The Fifth Circuit Confirms that Mixed-Motive Religious Objections Trigger Title VII Protection – Commentary on Wright v. Honeywell International

“More Than One Motive”: The Fifth Circuit Confirms that Mixed-Motive Religious Objections Trigger Title VII Protection – Commentary on Wright v. Honeywell International

Date: Aug 12, 2025
“More Than One Motive” – The Fifth Circuit Confirms that Mixed-Motive Religious Objections Trigger Title VII Protection A Comprehensive Commentary on Wright v. Honeywell International, No. 24-30667...
Guardado v. Bondi: The Fourth Circuit’s New Mandate for Substantive Anti-Circularity Analysis of Particular Social Groups

Guardado v. Bondi: The Fourth Circuit’s New Mandate for Substantive Anti-Circularity Analysis of Particular Social Groups

Date: Aug 12, 2025
Guardado v. Bondi: The Fourth Circuit’s New Mandate for Substantive Anti-Circularity Analysis of Particular Social Groups 1. Introduction Ana Cecilia Hernandez Guardado – a Salvadoran national who...
United States v. Johnson: Fourth Circuit Holds Warrantless Dog Sniff in Common Apartment Hallway Is Not a Fourth-Amendment “Search”

United States v. Johnson: Fourth Circuit Holds Warrantless Dog Sniff in Common Apartment Hallway Is Not a Fourth-Amendment “Search”

Date: Aug 12, 2025
United States v. Johnson: Fourth Circuit Holds Warrantless Dog Sniff in a Common Apartment Hallway Is Not a Fourth-Amendment “Search” Introduction The published Fourth-Circuit decision in United...
“Use” v. “Brandishing” Re-Defined: The Fourth Circuit Adopts the “Imminent-Threat” Test for § 2A4.1(b)(3) Dangerous-Weapon Enhancements

“Use” v. “Brandishing” Re-Defined: The Fourth Circuit Adopts the “Imminent-Threat” Test for § 2A4.1(b)(3) Dangerous-Weapon Enhancements

Date: Aug 12, 2025
“Use” v. “Brandishing” Re-Defined: The Fourth Circuit Adopts the “Imminent-Threat” Test for § 2A4.1(b)(3) Dangerous-Weapon Enhancements Introduction United States v. Thomas Faulls, Sr., No. 23-4532...
Zimmer v. Nichols: Delineating Temporal Boundaries for Equitable Fee-Shifting in Delaware Family Litigation

Zimmer v. Nichols: Delineating Temporal Boundaries for Equitable Fee-Shifting in Delaware Family Litigation

Date: Aug 12, 2025
Zimmer v. Nichols: Delineating Temporal Boundaries for Equitable Fee-Shifting in Delaware Family Litigation Introduction Zimmer v. Nichols, decided by the Supreme Court of Delaware on 11 August 2025,...
Stevens v. State: Expert Testimony as a Sufficient Foundation for LC-MS/MS Blood-Toxicology Evidence

Stevens v. State: Expert Testimony as a Sufficient Foundation for LC-MS/MS Blood-Toxicology Evidence

Date: Aug 12, 2025
Stevens v. State: Expert Testimony as a Sufficient Foundation for LC-MS/MS Blood-Toxicology Evidence Introduction In Stevens v. State, the Supreme Court of Delaware addressed whether the State must...
The “Brewster Rule”: Exceptions Remain a Mandatory Prerequisite to Appellate Review After the 2024 Amendments to Court of Chancery Rule 144

The “Brewster Rule”: Exceptions Remain a Mandatory Prerequisite to Appellate Review After the 2024 Amendments to Court of Chancery Rule 144

Date: Aug 9, 2025
The “Brewster Rule”: Exceptions Remain a Mandatory Prerequisite to Appellate Review After the 2024 Amendments to Court of Chancery Rule 144 1. Introduction In In the Matter of Rolf D. Brewster, a...
People v. Goberdhan: VTL § 600 Applies Off‑Highway; Use of Juror Numbers/Initials Is Not a Mode‑of‑Proceedings Error Absent Objection

People v. Goberdhan: VTL § 600 Applies Off‑Highway; Use of Juror Numbers/Initials Is Not a Mode‑of‑Proceedings Error Absent Objection

Date: Aug 8, 2025
People v. Goberdhan: VTL § 600 Applies Off‑Highway; Use of Juror Numbers/Initials Is Not a Mode‑of‑Proceedings Error Absent Objection Introduction This commentary examines the Appellate Division,...
People v. Reinfurt: Marijuana Legalization Does Not Retroactively Nullify Prior Out‑of‑State Marijuana Convictions for Second Felony Offender Status; Attempted Felony Assault under PL 120.10(4) Is Not Cognizable

People v. Reinfurt: Marijuana Legalization Does Not Retroactively Nullify Prior Out‑of‑State Marijuana Convictions for Second Felony Offender Status; Attempted Felony Assault under PL 120.10(4) Is Not Cognizable

Date: Aug 8, 2025
People v. Reinfurt: Marijuana Legalization Does Not Retroactively Nullify Prior Out‑of‑State Marijuana Convictions for Second Felony Offender Status; Attempted Felony Assault under PL 120.10(4) Is...
Reaffirming the One-Continuous-Transaction Doctrine and the M’Naghten Insanity Standard in Capital Cases: Commentary on Martez Abram v. State of Mississippi (2025)

Reaffirming the One-Continuous-Transaction Doctrine and the M’Naghten Insanity Standard in Capital Cases: Commentary on Martez Abram v. State of Mississippi (2025)

Date: Aug 8, 2025
Reaffirming the One-Continuous-Transaction Doctrine and the M’Naghten Insanity Standard in Capital Cases Comprehensive Commentary on Martez Abram a/k/a Martez Tarrell Abram v. State of Mississippi,...
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