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Undue Hardship in Pediatric Healthcare: Sixth Circuit affirms that exempting an unvaccinated employee from COVID-19 testing constitutes an undue hardship under Groff Introduction In Wise v....
Expanding Defensive Collateral Estoppel: Brown v. Zabala and the Non-Mutual Preclusion of § 1983 Claims in the Eleventh Circuit 1. Introduction In Marlon Brown v. Romeyn Zabala, the Eleventh Circuit...
Eleventh Circuit Clarifies Act-By-Act Westfall Analysis and Reaffirms Broad Judicial Immunity 1. Introduction In Jonathan Mullane v. Federico A. Moreno, the Eleventh Circuit confronted a kaleidoscope...
“No Diligence, No Amendment” — The Eleventh Circuit’s Firm Re-affirmation of Rule 72(a) Waiver and Rule 16(b) Good-Cause Requirements in John Oirya v. Mando America Corporation 1. Introduction The...
Stringent Mootness Standard for Voluntary Cessation of University Speech Policies Introduction The United States Court of Appeals for the Fifth Circuit in Speech First v. McCall (No. 23-50633, 2025)...
Restricting Federal Review of State Court Judgments: Rooker‐Feldman and State‐Actor Boundaries in Civil Rights Litigation Introduction The appeal in Swenson I v. Vedder (3d Cir. No. 24-2652, 2025)...
Clarifying “Some Harm” as an Adverse Employment Action Under the ADEA: McCrorey v. City of Philadelphia Introduction John McCrorey, a 61-year-old lieutenant in the Philadelphia Police Department’s...
United States v. Woods: The Eleventh Circuit Re-Affirms the “Keene Statement” Harmless-Error Rule and Clarifies Single-Conspiracy Analysis in Pandemic-Relief Fraud Introduction United States v....
Limiting the “Capable-of-Repetition-Yet-Evading-Review” Exception in SEC No-Action Letter Appeals Introduction This case arises from a dispute between the National Center for Public Policy Research...
Clarifying Intended-Loss Calculations and Distinct Enhancements for Overseas Crypto Laundering; MVRA Restitution Without Express Request — United States v. Mitan Introduction In United States v....
Turner v. Rocket Mortgage: The Eleventh Circuit Narrows “Shotgun Pleading” Dismissals and Affirms Escrow-Agent Fiduciary Duties Introduction Mark A. Turner, a Florida homeowner on a fixed income,...
“Substantially Equal” Means Substantially Equal: Harris v. International Paper Co. Clarifying Comparator and Pretext Requirements in Equal Pay Act & Title VII Litigation Introduction In Joni Harris...
Bankruptcy Appeal Limits: §363(m) Statutory Mootness and Non-Consensual Third-Party Releases Introduction This commentary examines the Third Circuit’s May 13, 2025 decision in In re Boy Scouts of...
Statutory Finality of §363(b) Sales and Limits on Third-Party Release Appeals in In re Boy Scouts of America Introduction The Third Circuit’s May 13, 2025 decision in In re Boy Scouts of America and...
Statutory Mootness Under § 363(m) and the Limits on Nonconsensual Third-Party Releases in Chapter 11 Plans Introduction In In re Boy Scouts of America & Delaware BSA LLC (3d Cir. May 13, 2025), the...
Prevailing-Party Fee Awards Despite Plaintiff’s Nominal Victory: A Commentary on Advanced Analytics, Inc. v. Citigroup Global Markets, Inc. Introduction In Advanced Analytics, Inc. v. Citigroup...
Retaliation Liability for Reasonable Accommodation Requests under M.G.L. c. 151B Introduction Moore v. Industrial Demolition LLC (1st Cir. May 13, 2025) clarifies an important aspect of Massachusetts...
Unreviewability of the Attorney General’s “Substantial Federal Interest” Certification Under the Federal Juvenile Delinquency Act Introduction This commentary examines the Tenth Circuit’s decision in...
Rigorous Pleading Standards for Partnership Formation and Related Tort Claims Under Rule 12(b)(6) Introduction In Peykoff v. Cawley, the Fifth Circuit confronted a diversity suit arising from a...
Supervisory Liability and Qualified Immunity: The Need for On-Point Precedent in Excessive-Force Claims Introduction In Dennis v. Pazen, 10th Cir. No. 23-1313 (May 13, 2025), the United States Court...