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Conditional Termination Notices Are Not Repudiation, and Fee-Shifting Survives Mutual Termination Penthol, L.L.C. v. Vertex Energy Operating, L.L.C., No. 24-20329 (5th Cir. Aug. 14, 2025) 1....
“Beyond Debate” Re-affirmed: Fifth Circuit Clarifies the Specificity Requirement for Clearly-Established Law in Less-Lethal Force Cases 1. Introduction In Smith v. Saenz, No. 24-50975 (5th Cir. Aug....
Objective Reasonableness Governs “In the Opinion Of” Notice Clauses in Reinsurance Treaties – A Commentary on United States Fire Insurance Co. v. Unified Life Insurance Co., 5th Cir. (2025)...
Mere Observation and Incidental Touch Do Not Amount to Seizure: The “Larremore Rule” on Fourth-Amendment Encounters Introduction United States v. Larremore, No. 24-50431 (5th Cir. Aug. 14, 2025),...
United States v. Grayson – Sixth Circuit Re-Affirms the “Clean-Hands” Exception and Sets a Modern Standard for Authenticating Fragmented Digital Recordings Introduction In United States v. Ashley...
Machineguns Beyond Second-Amendment Protection: The Sixth Circuit’s Post-Bruen Reaffirmation in United States v. Brown 1. Introduction On 14 August 2025 the United States Court of Appeals for the...
“Harmless-Error” after Erlinger: The Sixth Circuit’s Two-Track Approach in United States v. Nathaniel Durham 1. Introduction The consolidated appeal of United States v. Durham & Barnes (Nos....
Sixth Circuit Refines Harmless-Error Doctrine after Erlinger: A Two-Tier Approach to “Different Occasions” under the ACCA Introduction In United States v. Phillip Barnes (consolidated with United...
“The Recency Rule” in Asylum Adjudication: Seventh Circuit Clarifies Government-Protection and Internal-Relocation Standards Introduction In Dania Martinez-Martinez v. Pamela J. Bondi, No. 24-3281...
From Tinker to Hazelwood: Seventh Circuit Clarifies that Student Club Flyers on School Walls Are School-Sponsored Speech — A Commentary on E.D. v. Noblesville School District (2025) 1. Introduction...
“Between Substantial-Evidence and Clear-Error” – The Seventh Circuit’s Post-Wilkinson Roadmap for Reviewing Hardship Determinations Introduction Fidel Santos Mendoza, a long-time resident of Indiana...
Refining the Economic-Realities Test: When Hospitals Are Not “Employers” of Contract Physicians Commentary on Veerasikku Bommiasamy v. NES Oklahoma, Inc. (7th Cir. 2025) 1. Introduction The Seventh...
“Minor Policy Deviations Are Insufficient to Establish Pretext” – Commentary on the Seventh Circuit’s Decision in Wendy Lohmeier v. Gottlieb Memorial Hospital 1. Introduction The Seventh Circuit’s...
The “Implicit Denial” Doctrine & A Re-affirmed Low Bar for Prison-Excessive-Force Claims – Commentary on Escobar-Salmeron v. Moyer (4th Cir. 2025) Introduction Escobar-Salmeron v. Moyer is a...
Fourth Circuit Clarifies Constructive Exhaustion in FOIA: Post-Lawsuit Partial Productions Neither Moot the Action nor Revive Administrative-Appeal Requirements Introduction Louise Trauma Center LLC...
From “Significant Harm” to “Any Disadvantage”: Fourth-Circuit Adoption of Muldrow’s Adverse-Action Standard in Herkert v. Bisignano 1. Introduction Mary Frances Herkert, a disabled employee of the...
“Removal Is Not Enough” – Fourth Circuit Clarifies Mootness, Jurisdiction, and Standing in Terrorist Watch-List Litigation I. Introduction In Saadiq Long v. Pamela Bondi, No. 24-1369/1403 (4th Cir....
Long v. Bondi: Watchlist-Driven Credential Denials Confer Standing and § 46110 Does Not Bar District-Court Review Once TSA Orders Are Superseded Introduction The Fourth Circuit’s published decision...
The “Intentional-Withdrawal Waiver” Doctrine Fourth Circuit confirms that a party who withdraws proffered evidence cannot challenge its exclusion on appeal (United States v. Bernard K. Breeland, Jr.,...