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“Follow the Form, or Be Formed into the Class” – Third Circuit Rejects the “Reasonable Indication” Opt-Out Standard under Rule 23 1. Introduction Perrigo Institutional Investor Group v. Papa, No....
United States v. Brown: Flight Equals Abandonment — A Passenger’s Loss of Standing to Challenge a Subsequent Vehicle Search Introduction United States v. Tylee Brown (3d Cir. Aug. 12, 2025) addresses...
“Post-Supervision Exhaustion” – Third Circuit Affirms that Completion of State Supervision Automatically Satisfies § 2254 Exhaustion Even After District-Court Dismissal I. Introduction Vamsidhar...
Sharpening the Lens of Ascertainability: B. v. Harrington and the Fifth Circuit’s Demand for Precision in Medicaid EPSDT Class Actions 1. Introduction B. v. Harrington, No. 24-30244 (5th Cir. Aug....
“Speculative Future Use” Is Not Enough: DM Arbor Court v. City of Houston and the Revitalisation of Lucas-Style Categorical Takings 1. Introduction Hurricane Harvey’s devastation of the Arbor Court...
“Real-World Operability” as the Touchstone of BACT in Texas Permitting Introduction In Port Arthur Community Action Network v. Texas Commission on Environmental Quality, the United States Court of...
United States v. Brown: Re-affirming Judicial Control over Multiplicitous Convictions and Post-Verdict Rule 48(a) Dismissals 1. Introduction In United States v. Brown, No. 24-20095 (5th Cir. Aug. 12,...
“Party-Affiliation ≠ State Action” – The Second Circuit’s Re-confirmation of the State-Actor Requirement in Sherpa v. Bondi 1. Introduction Sherpa v. Bondi, No. 23-6172 (2d Cir. Aug. 14 2025) is a...
“Stacked-Probabilities” and the Preliminary Injunction: The Fourth Circuit’s New Multiplicative-Likelihood Doctrine in American Federation of Teachers v. Bessent 1. Introduction On 12 August 2025 the...
“Ratification Trumps Procedure” – Fourth Circuit Clarifies that Homeowners May Cure an Unauthorized Referendum by Subsequent Vote 1. Introduction In Jill K. Jinks v. Community Services Associates...
“The Jinks Ratification Rule” – When a Super-Majority Vote Cures Procedural Defects in Community Covenant Amendments Introduction In Jill K. Jinks v. Sea Pines Resort LLC, Nos. 22-2013 & 22-2056 (4th...
No Duty Without the Dike: Fourth Circuit Re-Affirms Plain-Language Contract Enforcement in Infrastructure-License Agreements 1. Introduction Jimmy Edwards v. CSX Transportation, Inc., No. 23-1909...
No Preclusion, No Standing: The Fourth Circuit’s Redressability Rule for Declaratory Relief in Wells v. Johnson Introduction In August 2025 the United States Court of Appeals for the Fourth Circuit...
“Raiding” Redefined: Fourth Circuit Narrows the Broker Protocol Exception and Affirms Contractual Supremacy in Salomon & Ludwin, LLC v. Jeremiah Winters 1. Introduction The United States Court of...
United States v. Perez: The Fourth Circuit Re-draws the Fact–Law Line for “Special Territorial Jurisdiction” 1. Introduction United States v. Jesse Fernando Perez, No. 24-4039 (4th Cir. Aug. 12...
Discretion, Not Obligation: The Fourth Circuit Clarifies the Scope of De Novo Resentencing Under the Mandate Rule — Commentary on United States v. Robert Benton, Jr. (4th Cir. 2025) 1. Introduction...
United States v. Benton, Jr.: Fourth Circuit Clarifies Sentencing-Remand Discretion Under the Mandate Rule Introduction In United States v. Robert Benton, Jr., Nos. 23-4009 & 23-6019 (4th Cir. Aug....
“Per-Defendant” Fee-Shifting and Revived Rule 12(b) Defences after Amendment: A Commentary on West-Helmle v. Denver District Attorney’s Office (10th Cir. 2025) 1. Introduction In West-Helmle v....
Per-Defendant Fee-Shifting After Rule 12(b) Dismissals: Implications of West-Helmle v. Denver District Attorney’s Office Introduction In West-Helmle v. Denver District Attorney’s Office, Nos. 24-1340...
“The Contextual-Trauma Test” – The Sixth Circuit’s New Twist on Tinker in C.S. v. McCrumb 1. Introduction In C.S. v. Craig McCrumb, the United States Court of Appeals for the Sixth Circuit refused to...