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  • Commentaries
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federal Case Commentaries

“No Place Like Home”: Seventh Circuit Confirms ADA Right to Paid Parental Attendant-Care When Needed to Avert Institutionalisation

“No Place Like Home”: Seventh Circuit Confirms ADA Right to Paid Parental Attendant-Care When Needed to Avert Institutionalisation

Date: Aug 13, 2025
“No Place Like Home”: Seventh Circuit Confirms ADA Right to Paid Parental Attendant-Care When Needed to Avert Institutionalisation 1. Introduction Indiana Protection and Advocacy Services Comm’n v....
Parents as Paid Attendant-Care Providers:  A New ADA Integration Mandate Precedent from Indiana Protection & Advocacy Services Comm’n v. FSSA

Parents as Paid Attendant-Care Providers: A New ADA Integration Mandate Precedent from Indiana Protection & Advocacy Services Comm’n v. FSSA

Date: Aug 13, 2025
Parents as Paid Attendant-Care Providers: Seventh Circuit Re-Affirms the ADA’s Integration Mandate in Indiana Protection & Advocacy Services Commission v. Indiana FSSA 1. Introduction The...
“Risk-of-Institutionalisation” Re-affirmed: Seventh Circuit Requires States to Pay Legally-Responsible Relatives for Attendant Care When Needed to Avoid Segregation

“Risk-of-Institutionalisation” Re-affirmed: Seventh Circuit Requires States to Pay Legally-Responsible Relatives for Attendant Care When Needed to Avoid Segregation

Date: Aug 13, 2025
“Risk-of-Institutionalisation” Re-affirmed: Seventh Circuit Requires States to Pay Legally-Responsible Relatives for Attendant Care When Needed to Avoid Segregation 1. Introduction Indiana Protection...

        Passive Dissent and the “Pattern-or-Practice” Threshold:
        Seventh Circuit Tightens Asylum Standards in Rivas-Jarquin v. Bondi

Passive Dissent and the “Pattern-or-Practice” Threshold: Seventh Circuit Tightens Asylum Standards in Rivas-Jarquin v. Bondi

Date: Aug 13, 2025
Passive Dissent and the “Pattern-or-Practice” Threshold: Seventh Circuit Tightens Asylum Standards in Rivas-Jarquin v. Bondi 1. Introduction In Leonis Amanda Rivas-Jarquin & C.A.C-R. v. Pamela J....
Fine-Tuning Pike: The First Circuit Refines Dormant Commerce Clause Analysis for Local Cruise-Ship Disembarkation Caps

Fine-Tuning Pike: The First Circuit Refines Dormant Commerce Clause Analysis for Local Cruise-Ship Disembarkation Caps

Date: Aug 13, 2025
Fine-Tuning Pike: The First Circuit Refines Dormant Commerce Clause Analysis for Local Cruise-Ship Disembarkation Caps 1. Introduction Ass’n to Preserve and Protect Local Livelihoods v. Town of Bar...
“When a Town Draws the Line at the Pier” – The First Circuit’s Refashioning of Pike Balancing and the “Continuous-Flow” Doctrine in Ass’n to Preserve and Protect Local Livelihoods v. Sidman (2025)

“When a Town Draws the Line at the Pier” – The First Circuit’s Refashioning of Pike Balancing and the “Continuous-Flow” Doctrine in Ass’n to Preserve and Protect Local Livelihoods v. Sidman (2025)

Date: Aug 13, 2025
“When a Town Draws the Line at the Pier” – The First Circuit’s Refashioning of Pike Balancing and the “Continuous-Flow” Doctrine in Ass’n to Preserve and Protect Local Livelihoods v. Sidman (1st Cir....
Pike Balancing Re-Energised: The First Circuit’s Refocus on Fact-Finding in Dormant Commerce Clause Cases – A Commentary on Penobscot Bay & River Pilots Ass’n v. Town of Bar Harbor

Pike Balancing Re-Energised: The First Circuit’s Refocus on Fact-Finding in Dormant Commerce Clause Cases – A Commentary on Penobscot Bay & River Pilots Ass’n v. Town of Bar Harbor

Date: Aug 13, 2025
Pike Balancing Re-Energised: The First Circuit’s Refocus on Fact-Finding in Dormant Commerce Clause Cases Commentary on Penobscot Bay & River Pilots Ass’n. v. Town of Bar Harbor, Nos. 24-1317 etc....
United States v. Hernandez-Rodriguez: First Circuit Clarifies Reach of the Vertical Collective Knowledge Doctrine in Automobile-Exception Searches

United States v. Hernandez-Rodriguez: First Circuit Clarifies Reach of the Vertical Collective Knowledge Doctrine in Automobile-Exception Searches

Date: Aug 13, 2025
United States v. Hernandez-Rodriguez: First Circuit Clarifies Reach of the Vertical Collective Knowledge Doctrine in Automobile-Exception Searches 1. Introduction United States v....
“Continuing-Conspiracy” Doctrine Reaffirmed: Post-Arrest Co-Conspirator Statements Admissible under Rule 801(d)(2)(E) — Commentary on United States v. Diego Fagundez, 11th Cir. (2025)

“Continuing-Conspiracy” Doctrine Reaffirmed: Post-Arrest Co-Conspirator Statements Admissible under Rule 801(d)(2)(E) — Commentary on United States v. Diego Fagundez, 11th Cir. (2025)

Date: Aug 13, 2025
“Continuing-Conspiracy” Doctrine Reaffirmed: Post-Arrest Co-Conspirator Statements Admissible under Rule 801(d)(2)(E) Comprehensive Commentary on United States v. Diego Fagundez (11th Cir. 2025) I....
“The ‘Before-Trial’ Rule” — Second Circuit Declares Post-Verdict Westfall Act Substitution Barred in Carroll v. Trump

“The ‘Before-Trial’ Rule” — Second Circuit Declares Post-Verdict Westfall Act Substitution Barred in Carroll v. Trump

Date: Aug 13, 2025
“The ‘Before-Trial’ Rule” — Second Circuit Declares Post-Verdict Westfall Act Substitution Barred in Carroll v. Trump Introduction In Carroll v. Trump, No. 24-644 (2d Cir. Aug. 8, 2025), the United...
Offensive Claim Preclusion Rebuffed: Second Circuit Clarifies the Limits of Bankruptcy Allowance Orders

Offensive Claim Preclusion Rebuffed: Second Circuit Clarifies the Limits of Bankruptcy Allowance Orders

Date: Aug 13, 2025
Offensive Claim Preclusion Rebuffed: Second Circuit Clarifies the Limits of Bankruptcy Allowance Orders 1. Introduction In Thermal Surgical, LLC v. Brown, the United States Court of Appeals for the...
Intrinsic-vs-404(b) Evidence Clarified: Commentary on United States v. Elijah Hakim (3d Cir. 2025)

Intrinsic-vs-404(b) Evidence Clarified: Commentary on United States v. Elijah Hakim (3d Cir. 2025)

Date: Aug 13, 2025
Intrinsic-vs-404(b) Evidence Clarified: United States v. Elijah Hakim (3d Cir. 2025) Introduction United States v. Elijah Hakim, No. 23-1713, decided 8 August 2025 by the Court of Appeals for the...
Fifth Circuit Clarifies Equitable Estoppel & Assignment Ambiguities in ERISA Provider Claims – A Commentary on Angelina Emergency Medicine Associates PA v. Blue Cross

Fifth Circuit Clarifies Equitable Estoppel & Assignment Ambiguities in ERISA Provider Claims – A Commentary on Angelina Emergency Medicine Associates PA v. Blue Cross

Date: Aug 13, 2025
Fifth Circuit Clarifies Equitable Estoppel & Assignment Ambiguities in ERISA Provider Claims: Commentary on Angelina Emergency Medicine Associates PA v. Blue Cross (5th Cir. 2025) 1. Introduction The...
Illegality at First Sip: Fifth Circuit Confirms That “Showcase” Supply-Retail Agreements Breaching TABC §102.16 Are Void and Unenforceable

Illegality at First Sip: Fifth Circuit Confirms That “Showcase” Supply-Retail Agreements Breaching TABC §102.16 Are Void and Unenforceable

Date: Aug 13, 2025
Illegality at First Sip: Fifth Circuit Confirms That “Showcase” Supply-Retail Agreements Breaching TABC §102.16 Are Void and Unenforceable 1. Introduction In ROKiT Drinks, L.L.C. v. Landry’s Inc....
United States v. Baxter: Explicit Oral Pronouncement Required for Search-Conditions of Supervised Release

United States v. Baxter: Explicit Oral Pronouncement Required for Search-Conditions of Supervised Release

Date: Aug 13, 2025
United States v. Baxter: Fifth Circuit Re-Affirms That “Submission-to-Search” Conditions on Supervised Release Must Be Orally Pronounced Introduction United States v. Baxter, No. 24-50051 (5th Cir....
“Reasonably-Responsive Excerpts” & Minimal Authentication – A Commentary on United States v. Cash (5th Cir. 2025)

“Reasonably-Responsive Excerpts” & Minimal Authentication – A Commentary on United States v. Cash (5th Cir. 2025)

Date: Aug 13, 2025
“Reasonably-Responsive Excerpts” & Minimal Authentication – A Detailed Commentary on United States v. Cash (5th Cir. 2025) I. Introduction Case: United States v. Cash, No. 24-10243, Court of Appeals...
“No Need to Know the Drug & No Ambiguous Pro-Se Requests:” 
            The Fifth Circuit’s Dual Clarifications in United States v. Serrano Galaviz

“No Need to Know the Drug & No Ambiguous Pro-Se Requests:” The Fifth Circuit’s Dual Clarifications in United States v. Serrano Galaviz

Date: Aug 13, 2025
“No Need to Know the Drug & No Ambiguous Pro-Se Requests:” The Fifth Circuit’s Dual Clarifications in United States v. Serrano Galaviz 1. Introduction Court: U.S. Court of Appeals for the Fifth...
Accord & Satisfaction Is an Affirmative Defense, Not a Stand-Alone Claim: A Comprehensive Commentary on Wood v. North Mississippi Health Services (5th Cir. 2025)

Accord & Satisfaction Is an Affirmative Defense, Not a Stand-Alone Claim: A Comprehensive Commentary on Wood v. North Mississippi Health Services (5th Cir. 2025)

Date: Aug 13, 2025
Accord & Satisfaction Is an Affirmative Defense, Not a Stand-Alone Claim: Commentary on Wood v. North Mississippi Health Services, No. 24-60546 (5th Cir. Aug. 8, 2025) 1. Introduction In Wood v....
“Intent, Not Negligence”: The Sixth Circuit Re-defines Employer Liability for Customer Harassment in Bivens v. Zep, Inc.

“Intent, Not Negligence”: The Sixth Circuit Re-defines Employer Liability for Customer Harassment in Bivens v. Zep, Inc.

Date: Aug 13, 2025
“Intent, Not Negligence”: The Sixth Circuit Re-defines Employer Liability for Customer Harassment in Bivens v. Zep, Inc. 1. Introduction In Dorothy Bivens v. Zep, Inc., the United States Court of...
Bledsoe v. FCA US, LLC – Sixth Circuit Refines the Two-Step Test for Clean Air Act Conflict-Preemption and Confirms a Safe-Harbor for Fuel-Economy Misrepresentation Claims

Bledsoe v. FCA US, LLC – Sixth Circuit Refines the Two-Step Test for Clean Air Act Conflict-Preemption and Confirms a Safe-Harbor for Fuel-Economy Misrepresentation Claims

Date: Aug 13, 2025
Bledsoe v. FCA US, LLC – Sixth Circuit Refines the Two-Step Test for Clean Air Act Conflict-Preemption and Confirms a Safe-Harbor for Fuel-Economy Misrepresentation Claims Introduction In James...
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