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Employer Nonliability for Unforeseeable Third-Party Criminal Acts: Proximate Causation Limits in Gimenez v. McLane Introduction Marilys Gimenez v. McLane Foodservice, Inc. is a decision from the...
United States v. Romeo: No Sixth Amendment Right to Counsel in Post-Judgment Substitute-Asset Forfeiture and CCPA Garnishment Exclusion for Lump-Sum Proceeds Introduction United States v. Romeo,...
Objective Verifiability and Accuracy in FCRA Reporting: Garcia v. Synovus Bank Introduction In Pablo Antonio Garcia v. Synovus Bank, the United States Court of Appeals for the Eleventh Circuit...
Clarifying FOIA Exemption 6: Public Interest Outweighs Privacy in Disclosing Non-Policy-Making Employees’ Identities Introduction The Fifth Circuit’s decision in Texas Public Policy Foundation v....
Waiver of Tapia-Based Sentencing Claims Through Invited Error in United States v. Allante R. Brown Introduction In United States v. Allante Ramone Brown, 6th Cir. No. 23-6029/6034 (May 5, 2025), the...
Damages Awards Are Not “Payments” Under Reinstatement Clauses: Comerica Bank v. Pratt Introduction In Comerica Bank, Inc. v. Larry Pratt, 25a0228n.06 (6th Cir. May 5, 2025), the Sixth Circuit...
Expansion of AEDPA Tolling: Fla. R. App. P. 9.141(d) Petitions as “Properly Filed” Introduction This commentary examines the Eleventh Circuit’s decision in Jimmy Geathers, III v. Secretary,...
Protecting Foreclosure Surplus Under the Takings Clause: Sikorsky v. City of Newburgh Introduction In Sikorsky v. City of Newburgh, 23-1171-cv (2d Cir. May 2, 2025), the Second Circuit addressed...
Clarification of Child Find Obligations and FAPE Requirements for Dyslexic Students under IDEA 1. Introduction The Fifth Circuit’s decision in Moore-Watson v. Rankin County Public School District...
Consent Threshold for Eighth Amendment Prison Sexual Abuse Claims Introduction David C.L. Walton, a state prisoner in Wisconsin, sued prison nurse Ashley Nehls under 42 U.S.C. § 1983, alleging that...
Clarifying COA Requirements and Ineffective Assistance Analysis under §2255: United States v. Guzman-Dominguez Introduction United States v. Guzman-Dominguez, decided by the Tenth Circuit on May 2,...
Defendant-Caused Delay Bars Sixth Amendment Speedy Trial Claim Introduction United States v. Eric Michael Schuster, 25a0113p.06 (6th Cir. May 2, 2025), is a published Sixth Circuit decision...
Harmless Allocution Error in Unlawful Reentry Sentencing: Clarifying Plain Error Review under Fed. R. Crim. P. 32 Introduction This commentary examines United States v. Rudys Osvaldo Torres, No....
Probable Cause Suffices for Pre-Revocation Detention: Limits of Due-Process in Probation Revocation Introduction In Dion Horton v. Administrative Judge Jill Rangos (3d Cir. 2025), a panel of the...
Physician’s Duty Under FTCA: No Liability for Emotional Distress from Treatment-Related Discharge Threat Introduction In David D. Richardson v. United States, the Third Circuit addressed whether a...
Clarifying Attorney Disclosure Obligations and Proximate Cause in Legal Malpractice: Signal Funding v. Sugar Felsenthal Introduction Signal Funding, LLC (“Signal”) is a pre-settlement...
Clarifying Insurer Duty to Defend BIPA Claims: Access or Disclosure vs. Statutory Violations Exclusions Introduction This commentary examines Citizens Insurance Company of America v. Mullins Food...
Evidence‐Based Requirement for “Exceptional and Extremely Unusual Hardship” under 8 U.S.C. § 1229b(b)(1)(D): Consideration of Intra‐Country Relocation Introduction Herrera-Arellano v. Garland is an...
Full Municipal Indemnification for Compensatory §1983 Damages Under Ohio Rev. Code §2744.07 Introduction This case arises from the wrongful conviction and decades-long imprisonment of Roger Dean...
Full Municipal Indemnification Under Ohio Rev. Code § 2744.07 for Officer’s Compensatory Section 1983 Liability Introduction This commentary examines the Sixth Circuit’s decision in Roger Dean...