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  • Commentaries
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guardian-ad-litem&amp Case Commentaries

From Jurisdictional Bar to Waivable Deadline: The Second Circuit Embraces Riley and Declares 8 U.S.C. § 1252(b)(1)’s 30-Day Limit a Non-Jurisdictional Claim-Processing Rule

From Jurisdictional Bar to Waivable Deadline: The Second Circuit Embraces Riley and Declares 8 U.S.C. § 1252(b)(1)’s 30-Day Limit a Non-Jurisdictional Claim-Processing Rule

Date: Jul 11, 2025
From Jurisdictional Bar to Waivable Deadline: The Second Circuit Embraces Riley and Declares 8 U.S.C. § 1252(b)(1)’s 30-Day Limit a Non-Jurisdictional Claim-Processing Rule 1. Introduction...
Affirming Broad Discretion to Dismiss Pro Se Actions for Discovery Non-Compliance: Gregory Makozy v. United Parcel Service

Affirming Broad Discretion to Dismiss Pro Se Actions for Discovery Non-Compliance: Gregory Makozy v. United Parcel Service

Date: Jul 11, 2025
Affirming Broad Discretion to Dismiss Pro Se Actions for Discovery Non-Compliance: Gregory Makozy v. United Parcel Service Introduction In Gregory Makozy v. United Parcel Service, the United States...
“Actual Malice Must Be Plausibly Pled”: The Eleventh Circuit’s Re-affirmation of the Twombly/Iqbal Standard in Public-Figure Defamation Cases

“Actual Malice Must Be Plausibly Pled”: The Eleventh Circuit’s Re-affirmation of the Twombly/Iqbal Standard in Public-Figure Defamation Cases

Date: Jul 11, 2025
“Actual Malice Must Be Plausibly Pled”: The Eleventh Circuit’s Re-affirmation of the Twombly/Iqbal Standard in Public-Figure Defamation Cases Introduction In Patrick Nathaniel Reed v. Brandel Eugene...
Reed v. Chamblee & Reed v. Ryan: Eleventh Circuit Re-Affirms the Twombly/Iqbal “Actual-Malice” Pleading Threshold for Public-Figure Defamation Claims

Reed v. Chamblee & Reed v. Ryan: Eleventh Circuit Re-Affirms the Twombly/Iqbal “Actual-Malice” Pleading Threshold for Public-Figure Defamation Claims

Date: Jul 11, 2025
Reed v. Chamblee & Reed v. Ryan: Eleventh Circuit Re-Affirms the Twombly/Iqbal “Actual-Malice” Pleading Threshold for Public-Figure Defamation Claims 1. Introduction The consolidated appeals in...
Eleventh Circuit Clarifies Good-Cause Requirement for Late Suppression Motions and Harmless-Error Review of Guideline Miscalculations – Commentary on United States v. Kenneth Ingram (11th Cir. 2025)

Eleventh Circuit Clarifies Good-Cause Requirement for Late Suppression Motions and Harmless-Error Review of Guideline Miscalculations – Commentary on United States v. Kenneth Ingram (11th Cir. 2025)

Date: Jul 11, 2025
Eleventh Circuit Clarifies Good-Cause Requirement for Late Suppression Motions and Harmless-Error Review of Guideline Miscalculations Commentary on United States v. Kenneth Ingram, No. 23-11251 (11th...
Clarifying Multiplicity and Guideline “Double-Counting” in § 111(b) Assaults: A Commentary on United States v. Lester Nash (11th Cir. 2025)

Clarifying Multiplicity and Guideline “Double-Counting” in § 111(b) Assaults: A Commentary on United States v. Lester Nash (11th Cir. 2025)

Date: Jul 11, 2025
Clarifying Multiplicity and Guideline “Double-Counting” in § 111(b) Assaults: United States v. Lester Nash Introduction United States v. Lester Nash, No. 23-13290 (11th Cir. July 8 2025)...
“Same-Day Medical Emergencies & Last-Chance Agreements” — The Third Circuit’s Guidance on FMLA Notice in Walker v. SEPTA

“Same-Day Medical Emergencies & Last-Chance Agreements” — The Third Circuit’s Guidance on FMLA Notice in Walker v. SEPTA

Date: Jul 11, 2025
“Same-Day Medical Emergencies & Last-Chance Agreements” — The Third Circuit’s Guidance on FMLA Notice in Walker v. SEPTA Introduction The Third Circuit’s non-precedential opinion in Isaiah Walker v....
Presence-Only Standing & Non-Element Evidence: Third Circuit Narrows Fourth Amendment Standing and Constructive Amendment in § 1956(h) Conspiracies – Commentary on United States v. Alan Womack (3d Cir. 2025)

Presence-Only Standing & Non-Element Evidence: Third Circuit Narrows Fourth Amendment Standing and Constructive Amendment in § 1956(h) Conspiracies – Commentary on United States v. Alan Womack (3d Cir. 2025)

Date: Jul 11, 2025
Presence-Only Standing & Non-Element Evidence: Third Circuit Narrows Fourth Amendment Standing and Constructive Amendment in § 1956(h) Conspiracies – Commentary on United States v. Womack (3d Cir....
“Bringing Brokers Within the Safety Fold” – Sixth Circuit Declares Negligent-Hiring Claims Against Freight Brokers Survive FAAAA Pre-emption

“Bringing Brokers Within the Safety Fold” – Sixth Circuit Declares Negligent-Hiring Claims Against Freight Brokers Survive FAAAA Pre-emption

Date: Jul 11, 2025
“Bringing Brokers Within the Safety Fold” – Sixth Circuit Declares Negligent-Hiring Claims Against Freight Brokers Survive FAAAA Pre-emption 1. Introduction In Robert Cox v. Total Quality Logistics,...
United States v. Bond: “Lying-in-Wait” Shooting Satisfies Specific-Intent Requirement for Attempted-Murder Cross-Reference under U.S.S.G. § 2K2.1

United States v. Bond: “Lying-in-Wait” Shooting Satisfies Specific-Intent Requirement for Attempted-Murder Cross-Reference under U.S.S.G. § 2K2.1

Date: Jul 11, 2025
United States v. Bond: “Lying-in-Wait” Shooting Satisfies Specific-Intent Requirement for Attempted-Murder Cross-Reference under U.S.S.G. § 2K2.1 1. Introduction The Sixth Circuit’s unpublished...
Bell v. State (2025): Florida Supreme Court Affirms the Right of Post-Conviction Witnesses to Invoke the Fifth Amendment and Limits Confrontation Rights in Successive Capital Collateral Proceedings

Bell v. State (2025): Florida Supreme Court Affirms the Right of Post-Conviction Witnesses to Invoke the Fifth Amendment and Limits Confrontation Rights in Successive Capital Collateral Proceedings

Date: Jul 11, 2025
Bell v. State (2025): Florida Supreme Court Affirms the Right of Post-Conviction Witnesses to Invoke the Fifth Amendment and Limits Confrontation Rights in Successive Capital Collateral Proceedings...
“Inadequate-Service” as a Statutory Pre-Condition for STB-Ordered Reciprocal Switching:  A Commentary on Grand Trunk Corporation v. Surface Transportation Board (7th Cir. 2025)

“Inadequate-Service” as a Statutory Pre-Condition for STB-Ordered Reciprocal Switching: A Commentary on Grand Trunk Corporation v. Surface Transportation Board (7th Cir. 2025)

Date: Jul 11, 2025
“Inadequate-Service” as a Statutory Pre-Condition for STB-Ordered Reciprocal Switching: Commentary on Grand Trunk Corporation v. Surface Transportation Board, No. 24-1811 (7th Cir. 2025) 1....
Reasserting the “Liberal Amendment” Principle Post-Judgment:  Seventh Circuit’s Clarification in Reilly v. Will County Sheriff’s Office

Reasserting the “Liberal Amendment” Principle Post-Judgment: Seventh Circuit’s Clarification in Reilly v. Will County Sheriff’s Office

Date: Jul 11, 2025
Reasserting the “Liberal Amendment” Principle Post-Judgment: Seventh Circuit’s Clarification in Reilly v. Will County Sheriff’s Office Introduction In James Reilly v. Will County Sheriff’s Office &...
Johnson v. Amazon: Certification of PPA Exclusions under Illinois Minimum Wage Law

Johnson v. Amazon: Certification of PPA Exclusions under Illinois Minimum Wage Law

Date: Jul 11, 2025
Johnson v. Amazon: Seventh Circuit Certifies Whether Illinois Minimum Wage Law Excludes Preliminary and Postliminary Activities Introduction In Lisa Johnson & Gale Miller Anderson v. Amazon.com...
Recorded Easements & Disclosure Duties: Ashmus v. Coughlin’s Refinement of “Material Defect” Under R.C. 5302.30

Recorded Easements & Disclosure Duties: Ashmus v. Coughlin’s Refinement of “Material Defect” Under R.C. 5302.30

Date: Jul 11, 2025
Recorded Easements & Disclosure Duties: Ashmus v. Coughlin (2025) Refines the Meaning of “Material Defect” Under Ohio’s Residential Property Disclosure Regime 1. Introduction In Ashmus v. Coughlin,...
“No Claim, No Award” – Eleventh Circuit Clarifies that Arbitrators Exceed Their Powers by Granting Relief on Unsubmitted Claims (Nalco Company LLC v. Laurence Bonday)

“No Claim, No Award” – Eleventh Circuit Clarifies that Arbitrators Exceed Their Powers by Granting Relief on Unsubmitted Claims (Nalco Company LLC v. Laurence Bonday)

Date: Jul 11, 2025
“No Claim, No Award” – Eleventh Circuit Clarifies that Arbitrators Exceed Their Powers by Granting Relief on Unsubmitted Claims in Nalco Company LLC v. Laurence Bonday Introduction The United States...
From “Liberal Thrust” to Rigorous Gate-Keeping: Delaware Supreme Court Aligns D.R.E. 702 with Federal Rule 702 and Mandates Product-Specific Causation — Commentary on In re Zantac (Ranitidine) Litigation

From “Liberal Thrust” to Rigorous Gate-Keeping: Delaware Supreme Court Aligns D.R.E. 702 with Federal Rule 702 and Mandates Product-Specific Causation — Commentary on In re Zantac (Ranitidine) Litigation

Date: Jul 11, 2025
From “Liberal Thrust” to Rigorous Gate-Keeping: Delaware Supreme Court Aligns D.R.E. 702 with Federal Rule 702 and Mandates Product-Specific Causation — Commentary on In re Zantac (Ranitidine)...
Heid v. Rutkoski: Broadening the “Totality-of-the-Circumstances” Shield—Qualified Immunity for Split-Second Deadly-Force Decisions

Heid v. Rutkoski: Broadening the “Totality-of-the-Circumstances” Shield—Qualified Immunity for Split-Second Deadly-Force Decisions

Date: Jul 11, 2025
Heid v. Rutkoski: Broadening the “Totality-of-the-Circumstances” Shield—Qualified Immunity for Split-Second Deadly-Force Decisions 1. Introduction The United States Court of Appeals for the Eleventh...
Requiring Impartial Planning Board Review in Municipal De-annexation Petitions: Commentary on Donald Whiteman v. Township Council of Berkeley Township

Requiring Impartial Planning Board Review in Municipal De-annexation Petitions: Commentary on Donald Whiteman v. Township Council of Berkeley Township

Date: Jul 11, 2025
Requiring Impartial Planning Board Review in Municipal De-annexation Petitions: A Commentary on Donald Whiteman v. Township Council of Berkeley Township (2025) 1. Introduction The Supreme Court of...
“All Regional Centers Must Pay” – The Sunshine State Precedent on the EB-5 Integrity Fund Fee

“All Regional Centers Must Pay” – The Sunshine State Precedent on the EB-5 Integrity Fund Fee

Date: Jul 11, 2025
“All Regional Centers Must Pay” – The Sunshine State Precedent on the EB-5 Integrity Fund Fee Introduction In Sunshine State Regional Center, Inc. v. Director, USCIS, the United States Court of...
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