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Post-Denial Medical Developments and the “Continuum of Reasonableness” Test under ERISA: A Detailed Commentary on Black v. Unum Life Insurance Company (5th Cir. 2025) 1. Introduction This commentary...
“Actual Knowledge” as the Linchpin of Calder-Effects Personal Jurisdiction: A Detailed Commentary on Boyd v. Cleara, L.L.C. (5th Cir. 2025) Introduction Boyd v. Cleara, L.L.C., No. 24-10609, decided...
Federal Eminent-Domain Supremacy over State Trespass-Fixture Claims: A Commentary on United States v. Bennett (5th Cir. 2025) Introduction United States v. Bennett squarely addresses whether a...
Vacated Procedural Dismissals & Damages-Only Suits: Seventh Circuit Clarifies “Law-of-the-Case” and Rooker-Feldman in Williams v. City of Aurora Introduction In Andy Williams, Jr. v. City of Aurora,...
Schroeder v. Progressive: Seventh Circuit Rejects a Stand-Alone “Methodological Duty” in Actual-Cash-Value Calculations and Re-affirms Individualized Proof Requirement for Class Certification 1....
“Prescription Alone Is Not Enough” – Howard v. Meli and the Knowledge Requirement for Deliberate-Indifference Claims 1. Introduction In Joshua Howard v. Anthony Meli, No. 24-3162 (7th Cir. July 24,...
United States v. Sanders: Fourth Circuit Re-Affirms Deference to § 2B1.1 “Sophisticated Means” Commentary and Validates the “Secretive or Irregular Transaction” Intent Instruction Introduction In...
Gustave v. State — Clarifying Jury Access to a Defendant’s Recorded Admissions and the Threshold for Mistrial/New-Trial Relief after Exhibit Errors Introduction Gustave v. State, No. 382, 2024 (Del....
Clarifying Rational-Basis Review in Oregon Tax Classifications: Delta Air Lines, Inc. v. Department of Revenue (374 Or 58 - 2025) 1. Introduction Case Background. For decades, Oregon has taxed the...
Ryan v. Sea Colony (Del. 2025): Delaware Supreme Court Clarifies that Defendants Must Plead—and Ultimately Prove—Agency Before Invoking Third-Party Liability Waivers Introduction Colleen Ryan, a...
No “Lucid Purpose” Filter: Delaware Supreme Court Re-Affirms the Low “Credible-Basis” Threshold Under 8 Del. C. § 220 Introduction In Roberta Ann K.W. Wong Leung Revocable Trust U/A Dated 03/09/2018...
“Probing, Public & Particular” – The New Jersey Supreme Court’s Mandatory Protocol for Mid-Trial Juror-Misconduct Inquiries 1. Introduction State v. Ebenezer Byrd; Jerry J. Spraulding; Gregory A....
“No Finality, No Appeal” – The Guam Supreme Court Confirms that a Dismissal Without Prejudice is Not Immediately Appealable by a Criminal Defendant 1. Introduction The People of Guam v. Bruno Frankie...
“From Fixed-Term to At-Will”: Wyoming Supreme Court Declares Post-Term Family Partnerships At-Will and Subject to Automatic Dissolution on Partner Withdrawal Introduction The Wyoming Supreme Court’s...
Mandatory Issue Exhaustion and the Serious-Nonpolitical-Crime Bar Extending to CAT Relief – Commentary on Anaya v. Bondi (2d Cir. 2025) Introduction Anaya v. Bondi is a July 24, 2025 summary order of...
Aucacama-Azogue v. Bondi: Reaffirming the Nexus Parity and Government-Protection Thresholds in Asylum, Withholding, and CAT Claims 1. Introduction Aucacama-Azogue v. Bondi is a 2025 summary order of...
“Rough Justice, Not Auditing Perfection” – The Second Circuit’s Robust Deference to District-Court Fee Awards under the IDEA Introduction In Y.G. v. New York City Department of Education and eighteen...
The “Mandatory-Compliance Shield”: Second Circuit Holds that Obedience to a Foreign Sovereign’s Policy Triggers the FSIA Discretionary Function Exclusion Introduction In Blecher v. Holy See, the...
“Good-Faith Reasonableness” Becomes the Test for Substantial-Justification Under the IDEA’s Attorneys’-Fees Cap A Detailed Commentary on N.G.B. v. New York City Department of Education, 2d Cir., 2025...
“From Use-Based to Evidence-Based Nexus”: United States v. Silva (2d Cir. 2025) and the New Standard for Cell-Phone Search Warrants 1. Introduction United States v. Silva marks the Second Circuit’s...