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United States v. Gordon: Eleventh Circuit Clarifies Impoundment Authority and Inventory Search Standards When Vehicle Owner Is Incarcerated

United States v. Gordon: Eleventh Circuit Clarifies Impoundment Authority and Inventory Search Standards When Vehicle Owner Is Incarcerated

Date: Jul 31, 2025
United States v. Gordon: Eleventh Circuit Clarifies Impoundment Authority and Inventory Search Standards When Vehicle Owner Is Incarcerated Introduction In United States v. Willie Gordon (11th Cir....
United States v. Gordon – Eleventh Circuit Clarifies the “Reasonable-Efforts” Standard for Vehicle Impoundment and Inventory Searches

United States v. Gordon – Eleventh Circuit Clarifies the “Reasonable-Efforts” Standard for Vehicle Impoundment and Inventory Searches

Date: Jul 31, 2025
United States v. Gordon – Eleventh Circuit Clarifies the “Reasonable-Efforts” Standard for Vehicle Impoundment and Inventory Searches Introduction In United States v. Willie Gordon, Nos. 24-13035 &...
Sixth Circuit Clarifies Severability of Invalid De-Novo Review Clauses in Arbitration Agreements — A Commentary on Avient Corp. v. Westlake Vinyls, Inc.

Sixth Circuit Clarifies Severability of Invalid De-Novo Review Clauses in Arbitration Agreements — A Commentary on Avient Corp. v. Westlake Vinyls, Inc.

Date: Jul 31, 2025
Sixth Circuit Clarifies Severability of Invalid De-Novo Review Clauses in Arbitration Agreements A Detailed Commentary on Avient Corp. v. Westlake Vinyls, Inc. (6th Cir. 2025) 1. Introduction...
“The Honest-Belief Shield”: Sixth Circuit Affirms Employer Discipline Despite Retroactive FMLA Leave in  Beny v. University of Michigan (2025)

“The Honest-Belief Shield”: Sixth Circuit Affirms Employer Discipline Despite Retroactive FMLA Leave in Beny v. University of Michigan (2025)

Date: Jul 31, 2025
“The Honest-Belief Shield” Sixth Circuit Affirms Employer Discipline Despite Retroactive FMLA Leave in Laura Beny v. University of Michigan (6th Cir. 2025) Introduction This commentary unpacks the...
“Cash-For-Flight” Stops: When a Threatened Administrative Seizure Is a Terry Detention, Not an Arrest

“Cash-For-Flight” Stops: When a Threatened Administrative Seizure Is a Terry Detention, Not an Arrest

Date: Jul 31, 2025
“Cash-For-Flight” Stops: When a Threatened Administrative Seizure Is a Terry Detention, Not an Arrest Introduction United States v. Tra’ven Boyer-Letlow, No. 24-3670 (6th Cir. July 29, 2025)...

        Christians in the Workplace Networking Group v. Sandia:
        Tenth Circuit Clarifies § 1983 “Personhood”, Post-Muldrow Adverse-Action
        Threshold, and the Dual Rule 16/Rule 15 Bar to Late Amendments

Christians in the Workplace Networking Group v. Sandia: Tenth Circuit Clarifies § 1983 “Personhood”, Post-Muldrow Adverse-Action Threshold, and the Dual Rule 16/Rule 15 Bar to Late Amendments

Date: Jul 31, 2025
Christians in the Workplace Networking Group v. National Technology and Engineering Solutions of Sandia, LLC (10th Cir. 2025) Introduction In Christians in the Workplace Networking Group v. Sandia...
“Jones v. Fairbairn”: No State-Created Liberty Interest in Colorado Parole-Eligibility Calculations

“Jones v. Fairbairn”: No State-Created Liberty Interest in Colorado Parole-Eligibility Calculations

Date: Jul 31, 2025
“Jones v. Fairbairn”: No State-Created Liberty Interest in Colorado Parole-Eligibility Calculations 1. Introduction In Jones v. Fairbairn, the United States Court of Appeals for the Tenth Circuit...
Societal Expectations Within § 3553(a) and Post-Trial Acceptance of Responsibility: The Tenth Circuit’s Guidance in United States v. Rocha

Societal Expectations Within § 3553(a) and Post-Trial Acceptance of Responsibility: The Tenth Circuit’s Guidance in United States v. Rocha

Date: Jul 31, 2025
Societal Expectations Within § 3553(a) and Post-Trial Acceptance of Responsibility: The Tenth Circuit’s Guidance in United States v. Rocha Introduction On 29 July 2025 the Tenth Circuit published its...
“The Low-Threshold Rule for Entrapment Instructions” — Commentary on United States v. Spradley (10th Cir. 2025)

“The Low-Threshold Rule for Entrapment Instructions” — Commentary on United States v. Spradley (10th Cir. 2025)

Date: Jul 31, 2025
“The Low-Threshold Rule for Entrapment Instructions” — A Comprehensive Commentary on United States v. Spradley, 93 F.4th ___ (10th Cir. 2025) I. Introduction United States v. Spradley addresses a...
“Continuous-Surface-Connection” Pleading Rule & Limited Waiver Doctrine: The New Eleventh-Circuit Landscape for Clean Water Act Citizen Suits

“Continuous-Surface-Connection” Pleading Rule & Limited Waiver Doctrine: The New Eleventh-Circuit Landscape for Clean Water Act Citizen Suits

Date: Jul 31, 2025
“Continuous-Surface-Connection” Pleading Rule & Limited Waiver Doctrine: Glynn Environmental Coalition, Inc. v. Sea Island Acquisition, LLC (11th Cir. 2025) Introduction Glynn Environmental...
Christensen v. Weiss: Seventh Circuit Endorses Wisconsin’s Supervised-Social-Worker Rule and Re-affirms the “Exacting” Deliberate-Indifference Standard in Jail-Suicide Litigation

Christensen v. Weiss: Seventh Circuit Endorses Wisconsin’s Supervised-Social-Worker Rule and Re-affirms the “Exacting” Deliberate-Indifference Standard in Jail-Suicide Litigation

Date: Jul 31, 2025
Christensen v. Weiss: Seventh Circuit Endorses Wisconsin’s Supervised-Social-Worker Rule and Re-affirms the “Exacting” Deliberate-Indifference Standard in Jail-Suicide Litigation Introduction In...
Small v. Woods: A Seventh-Circuit Blueprint for Overcoming AEDPA Barriers When State Courts Misread the Record

Small v. Woods: A Seventh-Circuit Blueprint for Overcoming AEDPA Barriers When State Courts Misread the Record

Date: Jul 31, 2025
Small v. Woods: A Seventh-Circuit Blueprint for Overcoming AEDPA Barriers When State Courts Misread the Record Introduction The Seventh Circuit’s decision in Dante Small v. Ryan Woods (No. 23-1397,...

Fletcher v. Doig (7th Cir. 2025):  A Denial of Summary Judgment Does Not Immunize Parties from Later Rule 11 and § 1927 Sanctions

Fletcher v. Doig (7th Cir. 2025): A Denial of Summary Judgment Does Not Immunize Parties from Later Rule 11 and § 1927 Sanctions

Date: Jul 31, 2025
Fletcher v. Doig (7th Cir. 2025): A Denial of Summary Judgment Does Not Immunize Parties from Later Rule 11 and § 1927 Sanctions I. Introduction The Seventh Circuit’s opinion in Robert Fletcher &...
Denial of Summary Judgment Is No Shield from Post-Trial Sanctions – The Seventh Circuit’s Clarification of Continuing Rule 11 and § 1927 Duties in Robert Fletcher v. Peter Doig

Denial of Summary Judgment Is No Shield from Post-Trial Sanctions – The Seventh Circuit’s Clarification of Continuing Rule 11 and § 1927 Duties in Robert Fletcher v. Peter Doig

Date: Jul 31, 2025
Denial of Summary Judgment Is No Shield from Post-Trial Sanctions – The Seventh Circuit’s Clarification of Continuing Rule 11 and § 1927 Duties in Robert Fletcher v. Peter Doig Introduction The...

First Circuit Clarifies “Reasonably Clear Damages” Trigger for Prompt and Fair Settlement Duties Under Massachusetts Chapters 93A & 176D

First Circuit Clarifies “Reasonably Clear Damages” Trigger for Prompt and Fair Settlement Duties Under Massachusetts Chapters 93A & 176D

Date: Jul 31, 2025
First Circuit Clarifies “Reasonably Clear Damages” Trigger for Prompt and Fair Settlement Duties Under Massachusetts Chapters 93A & 176D Introduction Appleton v. National Union Fire Insurance Co. of...
“Funds” Encompasses Virtual Currency: First Circuit Rejects Major-Questions Challenge and Affirms Federal Power to Police Unlicensed Bitcoin Transmitters

“Funds” Encompasses Virtual Currency: First Circuit Rejects Major-Questions Challenge and Affirms Federal Power to Police Unlicensed Bitcoin Transmitters

Date: Jul 31, 2025
“Funds” Encompasses Virtual Currency: First Circuit Rejects Major-Questions Challenge and Affirms Federal Power to Police Unlicensed Bitcoin Transmitters Introduction United States v. Freeman,...
Bell v. Bollenbach & House, Inc.: Reinforcing Espinal Limits on Contractor Liability and Tightening Proof Standards for Constructive Notice and Expert Weather Evidence in Snow-and-Ice Slip-and-Fall Cases

Bell v. Bollenbach & House, Inc.: Reinforcing Espinal Limits on Contractor Liability and Tightening Proof Standards for Constructive Notice and Expert Weather Evidence in Snow-and-Ice Slip-and-Fall Cases

Date: Jul 31, 2025
Bell v. Bollenbach & House, Inc.: Reinforcing Espinal Limits on Contractor Liability and Tightening Proof Standards for Constructive Notice and Expert Weather Evidence in Snow-and-Ice Slip-and-Fall...
No Relation-Back Without Actual Notice: Misindexed Lis Pendens and Recorded Mortgage Do Not Bind Subsequent Owners in Foreclosure (U.S. Bank N.A. v. 1702 Dean, LLC)

No Relation-Back Without Actual Notice: Misindexed Lis Pendens and Recorded Mortgage Do Not Bind Subsequent Owners in Foreclosure (U.S. Bank N.A. v. 1702 Dean, LLC)

Date: Jul 31, 2025
No Relation-Back Without Actual Notice: Misindexed Lis Pendens and Recorded Mortgage Do Not Bind Subsequent Owners in Foreclosure Commentary on U.S. Bank N.A. v. 1702 Dean, LLC (2025 NY Slip Op...
Judicial Independence over Legislative Penalties: New York Appellate Division Declares CPLR 7003(c) Unconstitutional

Judicial Independence over Legislative Penalties: New York Appellate Division Declares CPLR 7003(c) Unconstitutional

Date: Jul 31, 2025
Judicial Independence over Legislative Penalties: New York Appellate Division Declares CPLR 7003(c) Unconstitutional Introduction Poltorak v. Clarke (2025 NY Slip Op 04496) presents a foundational...
Improvised Cardboard Mats Are Not “Open and Obvious”; Out‑of‑Possession Landlord Escapes Liability Absent a Specific Statutory/Structural Defect — Commentary on Mejia v. 2959 Fulton St. Realty, Inc. (2025 NY Slip Op 04470)

Improvised Cardboard Mats Are Not “Open and Obvious”; Out‑of‑Possession Landlord Escapes Liability Absent a Specific Statutory/Structural Defect — Commentary on Mejia v. 2959 Fulton St. Realty, Inc. (2025 NY Slip Op 04470)

Date: Jul 31, 2025
Improvised Cardboard Mats Are Not “Open and Obvious”; Out‑of‑Possession Landlord Escapes Liability Absent a Specific Statutory/Structural Defect Commentary on Mejia v. 2959 Fulton St. Realty, Inc.,...
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