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Sullivan v. Graham: Tenth Circuit Clarifies District Courts’ Discretion over Page-Limits, Rule 8 Compliance, and Counsel Appointment for Pro Se Litigants Introduction The consolidated appeals in...
“Reasonable Brevity”: Sullivan v. Hartford Financial Services Group and the Tenth Circuit’s Re-affirmation of District Courts’ Discretion to Impose Page Limits and Dismiss Prolix Pro Se Pleadings 1....
Jackson v. KA-3 Associates, LLC: Extending Oregon Landlord Habitability Obligations to Common Areas Under ORS 90.320(1) Introduction Citation: Jackson v. KA-3 Associates, LLC, 374 Or 1 (2025),...
Implicit Nondisparagement Clauses Do Not Waive Oregon’s Anti-SLAPP Protections A Comprehensive Commentary on Lowes v. Thompson, 374 Or 23 (2025) 1. Introduction Lowes v. Thompson is the Oregon...
“The Registered-Owner Inference Rule” – A New Article I, § 9 Benchmark after State v. Betancourt (2025) 1. Introduction The Supreme Court of Oregon’s en banc decision in State v. Betancourt, 374 Or...
The Supremacy of the Equal Protection Clause over Florida’s Non-Diminishment Mandate: A Commentary on Black Voters Matter Capacity Building Institute, Inc. v. Secretary, Florida Department of State...
Williams v. State of Florida: No Constitutional Right to a Court-Appointed Mitigation Specialist for Pro Se Capital Defendants Introduction In Donald Otis Williams v. State of Florida...
“Deference with Reasoned Explanation” — The Florida Supreme Court’s New Framework for Reviewing Public Service Commission Settlements Introduction Florida Rising, Inc. v. Florida Public Service...
“Speak Now or Forever Hold Your Peace” – The Florida Supreme Court Declares Case (Procedural) Jurisdiction Waivable in JJJTB, Inc. v. Schmidt 1. Introduction On 17 July 2025, the Supreme Court of...
Fletcher v. State: Florida Supreme Court Rejects “Reverse Jury Nullification” & Clarifies the Mitigation-Burden Framework in Capital Sentencing Introduction Case: Timothy W. Fletcher v. State of...
“Known-but-Unexamined” Evidence and the Due-Diligence Bar in Successive Post-Conviction Litigation A Commentary on Toney Deron Davis v. State of Florida, Supreme Court of Florida, No. SC2024-1128 (17...
Family-Targeted Violence Equals Direct Persecution: Seventh Circuit Clarifies Nexus and Past-Persecution Standards in Mejia-Hernandez v. Bondi 1. Introduction This commentary examines the United...
“Exhaust First or Lose the Class” Seventh Circuit Clarifies that PLRA Exhaustion Bars Use of the Inherently-Transitory Exception Introduction In Eugene Westmoreland v. Latoya Hughes, No. 24-2153 (7th...
“More Than Mere Deference”: Seventh Circuit Re-Affirms the Two-Pronged FOIA Clear-Error Review and Approves Non-Security Glomar Responses 1. Introduction Joel A. Brodsky—an Illinois attorney turned...
The Mahoney Principle: Representative Signatures vs. Personal-Liability Clauses in ERISA Contribution Actions Introduction R.R. Maintenance & Industrial Health & Welfare Fund v. Clinton Mahoney, Nos....
Mahoney Personal-Liability Ambiguity Doctrine: When Representative Signatures Clash with Personal-Liability Clauses 1. Introduction In R.R. Maintenance & Industrial Health & Welfare Fund v. Clinton...
Narrowing Protective Sweeps and Re-ordering Exclusionary-Rule Analysis: Commentary on United States v. Richard Walker (7th Cir. 2025) 1. Introduction United States v. Walker is the Seventh Circuit’s...
“Contingent GDP-Linked Payments Are Not ‘Principal or Interest’” Commentary on the Second Circuit’s Argentine GDP-Linked Securities Litigation Summary Order (2025) 1. Introduction The Second...
Re-affirming the “Central Reason” Nexus Standard in Mixed-Motive Asylum Cases: A Commentary on Figueroa-Serrano v. Bondi (2d Cir. 2025) 1. Introduction In Figueroa-Serrano v. Bondi, the United States...
Fredricks v. Shaheen: The Second Circuit Re-emphasizes the Courts’ Dual Duty to Furnish Rule 56 Notice and Verify Service on Pro Se Litigants Introduction Fredricks v. Shaheen, No. 22-2480 (2d Cir....