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  • Commentaries
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federal Case Commentaries

AdHealth, Ltd. v. PorterCare Adventist Health Systems: Unambiguous Definition of “Medical Incident” Limits Coverage to Individual Patient Claims

AdHealth, Ltd. v. PorterCare Adventist Health Systems: Unambiguous Definition of “Medical Incident” Limits Coverage to Individual Patient Claims

Date: May 3, 2025
AdHealth, Ltd. v. PorterCare Adventist Health Systems: Unambiguous Definition of “Medical Incident” Limits Coverage to Individual Patient Claims 1. Introduction In AdHealth, Limited v. PorterCare...
Clarifying “Maintenance” Under U.S.S.G. §2D1.1(b)(12): Control, Duration, and Possessory Interest in Drug Premises Enhancement

Clarifying “Maintenance” Under U.S.S.G. §2D1.1(b)(12): Control, Duration, and Possessory Interest in Drug Premises Enhancement

Date: May 3, 2025
Clarifying “Maintenance” Under U.S.S.G. §2D1.1(b)(12): Control, Duration, and Possessory Interest in Drug Premises Enhancement Introduction United States v. Day (10th Cir. May 2, 2025) addresses a...
Municipal Indemnification and Monell Liability Under Ohio Rev. Code § 2744.07

Municipal Indemnification and Monell Liability Under Ohio Rev. Code § 2744.07

Date: May 3, 2025
Municipal Indemnification and Monell Liability Under Ohio Rev. Code § 2744.07 Introduction Roger Dean Gillispie was convicted of sexual assault in 1991, spent over two decades in a maximum‐security...
Defining “Adverse Actions” and Causation in ADA and State Retaliation Claims: Sosa v. NYC DOE

Defining “Adverse Actions” and Causation in ADA and State Retaliation Claims: Sosa v. NYC DOE

Date: May 3, 2025
Defining “Adverse Actions” and Causation in ADA and State Retaliation Claims: Sosa v. NYC DOE Introduction In Sosa v. New York City Department of Education, the United States Court of Appeals for the...
Signal Funding v. Sugar Felsenthal: Clarifying Fraudulent Concealment and Disclosure Duties in Attorney-Client Relations

Signal Funding v. Sugar Felsenthal: Clarifying Fraudulent Concealment and Disclosure Duties in Attorney-Client Relations

Date: May 3, 2025
Signal Funding v. Sugar Felsenthal: Clarifying Fraudulent Concealment and Disclosure Duties in Attorney-Client Relations Introduction In Signal Funding, LLC v. Sugar Felsenthal Grais & Helsinger LLP,...
Binding Effect of Original Criminal History Category in Supervised Release Revocations

Binding Effect of Original Criminal History Category in Supervised Release Revocations

Date: May 3, 2025
Binding Effect of Original Criminal History Category in Supervised Release Revocations Introduction United States v. Roderic Bodiford, decided May 2, 2025 by the Eleventh Circuit, addresses two...
Immediate Attachment of Coverage for After-Acquired Vehicles under Florida Law

Immediate Attachment of Coverage for After-Acquired Vehicles under Florida Law

Date: May 3, 2025
Immediate Attachment of Coverage for After-Acquired Vehicles under Florida Law Introduction This commentary examines Prime Property & Casualty Insurance Company v. Kepali Group, Inc., a May 2, 2025...
Requirement of Diligence for Equitable Tolling and Strict Application of the INA One-Motion Rule: Portillo-Bautista v. U.S. A.G.

Requirement of Diligence for Equitable Tolling and Strict Application of the INA One-Motion Rule: Portillo-Bautista v. U.S. A.G.

Date: May 3, 2025
Requirement of Diligence for Equitable Tolling and Strict Application of the INA One-Motion Rule: Portillo-Bautista v. U.S. Attorney General Introduction Juana María Portillo‐Bautista, a native and...
Non-Speculative Causation Required in Louisiana Slip-and-Fall Claims: Adger v. TA Operating

Non-Speculative Causation Required in Louisiana Slip-and-Fall Claims: Adger v. TA Operating

Date: May 3, 2025
Non-Speculative Causation Required in Louisiana Slip-and-Fall Claims: Adger v. TA Operating Introduction In Adger v. TA Operating, L.L.C. (5th Cir. May 2, 2025), the Fifth Circuit clarified the...
“Reasonable Forecast” of Disruption Standard in Elementary School First Amendment Cases

“Reasonable Forecast” of Disruption Standard in Elementary School First Amendment Cases

Date: May 3, 2025
“Reasonable Forecast” of Disruption Standard in Elementary School First Amendment Cases Introduction This commentary examines the Sixth Circuit’s decision in C.S. v. Craig McCrumb, 25-a0112p.06 (6th...
Defining the Contours of Sidebar Presence and Rule 404(b) Admissibility in United States v. Civitello

Defining the Contours of Sidebar Presence and Rule 404(b) Admissibility in United States v. Civitello

Date: May 2, 2025
Defining the Contours of Sidebar Presence and Rule 404(b) Admissibility in United States v. Civitello Introduction United States v. Civitello is a Second Circuit summary order affirming the...
Affirmation of Upward Variance Reasonableness in Multi-Victim Cyber-Stalking & Identity Theft under 18 U.S.C. § 3553(a)

Affirmation of Upward Variance Reasonableness in Multi-Victim Cyber-Stalking & Identity Theft under 18 U.S.C. § 3553(a)

Date: May 2, 2025
Affirmation of Upward Variance Reasonableness in Multi-Victim Cyber-Stalking & Identity Theft under 18 U.S.C. § 3553(a) Introduction In United States v. Joseph A. Valdez, No. 24-10656 (11th Cir. May...
Proper Service Determines Applicability of the Forum Defendant Rule in Removal Jurisdiction

Proper Service Determines Applicability of the Forum Defendant Rule in Removal Jurisdiction

Date: May 2, 2025
Proper Service Determines Applicability of the Forum Defendant Rule in Removal Jurisdiction Introduction Uzoigwe v. Charter Communications, LLC (2d Cir. May 1, 2025) presents two key issues: Whether...
District Courts’ Broad Discretion to Apply Uniform Percentage Reductions in Section 1988 Fee Awards

District Courts’ Broad Discretion to Apply Uniform Percentage Reductions in Section 1988 Fee Awards

Date: May 2, 2025
District Courts’ Broad Discretion to Apply Uniform Percentage Reductions in Section 1988 Fee Awards Introduction In Franco v. Gunsalus, 24-2061 (2d Cir. May 1, 2025), the United States Court of...
Enhanced Sentencing for Physical Restraint and Obstruction of Justice in Hobbs Act Robbery: United States v. Pedroso

Enhanced Sentencing for Physical Restraint and Obstruction of Justice in Hobbs Act Robbery: United States v. Pedroso

Date: May 2, 2025
Enhanced Sentencing for Physical Restraint and Obstruction of Justice in Hobbs Act Robbery: United States v. Maikel Pedroso Introduction United States v. Maikel Bruzon Pedroso (11th Cir. May 1, 2025)...
Establishing the “Ordinary Person” Standard for Personally Identifiable Information Under the VPPA

Establishing the “Ordinary Person” Standard for Personally Identifiable Information Under the VPPA

Date: May 2, 2025
Establishing the “Ordinary Person” Standard for Personally Identifiable Information Under the VPPA Introduction Detrina Solomon v. Flipps Media, Inc. (No. 23-7597-cv) is a Second Circuit decision...
Clarifying Downward Variance Requirements Under §3553(a): United States v. Ortiz-Soto

Clarifying Downward Variance Requirements Under §3553(a): United States v. Ortiz-Soto

Date: May 2, 2025
Clarifying Downward Variance Requirements Under §3553(a): United States v. Ortiz-Soto Introduction United States v. Ortiz-Soto, 1st Cir. No. 21-1687 (May 1, 2025), marks a significant clarification...
Fifth Circuit Affirms Strict “Sworn To” Proof-of-Loss Requirement under SFIP and 28 U.S.C. § 1746

Fifth Circuit Affirms Strict “Sworn To” Proof-of-Loss Requirement under SFIP and 28 U.S.C. § 1746

Date: May 2, 2025
Fifth Circuit Affirms Strict “Sworn To” Proof-of-Loss Requirement under SFIP and 28 U.S.C. § 1746 Introduction Woodland Villas Condominiums (“Woodland Villas”), a Louisiana condominium association,...
Demonstrated Burden Required: Darnell v. Hargett on Tennessee's Minor Party Ballot Access

Demonstrated Burden Required: Darnell v. Hargett on Tennessee's Minor Party Ballot Access

Date: May 2, 2025
Demonstrated Burden Required: Darnell v. Hargett on Tennessee's Minor Party Ballot Access Introduction In Christopher Darnell et al. v. Tre Hargett et al., the Libertarian Party of Tennessee and four...
Inquiry-Triggered Fiduciary Duty and Ministerial Exception under ERISA: LeBoeuf v. Entergy

Inquiry-Triggered Fiduciary Duty and Ministerial Exception under ERISA: LeBoeuf v. Entergy

Date: May 2, 2025
Inquiry-Triggered Fiduciary Duty and Ministerial Exception under ERISA: LeBoeuf v. Entergy Introduction LeBoeuf v. Entergy, 24-30583 (5th Cir. May 1, 2025), arises from an Employee Retirement Income...
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