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“A Supervisor Switch May Be Reasonable” – The New Hawaiʻi Precedent from Gima v. City & County of Honolulu (Haw. 2025) 1. Introduction In June 2025 the Hawaiʻi Supreme Court issued a landmark opinion...
“Speculation Is Not Jurisdiction” – The Second Circuit’s Dual Clarifications on Personal-Jurisdiction Pleading and Harmless Error Review in El Omari v. Dechert LLP 1. Introduction On 9 June 2025 the...
“Drawing the Line Between Fact and Law in Qualified-Immunity Appeals” A Comprehensive Commentary on Horn v. Adger, 24-1034(L) (2d Cir. 2025) 1. Introduction Parties and posture. In Horn v. Adger, two...
Clarifying the Weight of Direct Contradictions: Paguay-Acosta v. Bondi and the Second Circuit’s Refinement of Credibility Analysis in Asylum Proceedings 1. Introduction In Paguay-Acosta v. Bondi, the...
Strict Application of Lozada & the “Reasonable Probability” Prejudice Test in Ineffective-Assistance Motions: Salazar-Asencio v. Bondi Introduction Salazar-Asencio v. Bondi (2d Cir. No. 24-1230, June...
Singh v. Bondi: Re-affirming the “Unable-or-Unwilling” Threshold and Issue-Exhaustion in Asylum & CAT Litigation Introduction Bhupinder Singh, an Indian national and follower of a Sikh splinter...
Ventura-Duarte v. Bondi: Second Circuit Clarifies the “One-Central-Reason” Nexus in Gang-Related Asylum Claims after Matter of L-E-A- 1. Introduction Ventura-Duarte v. Bondi is a 2025 summary order...
Power of Attorney ≠ Article III Standing: The Second Circuit Reinforces the Real-Party-in-Interest Requirement in ERISA Litigation and Opens the Door to Rule 17 Substitution Introduction In Karkare...
“The Underlying-Conduct Rule” – Second Circuit Clarifies Extraditable-Offense Analysis in Lalama Gomez v. United States (2025) I. Introduction In Lalama Gomez v. United States, the U.S. Court of...
Zherka v. Bondi – The Second Circuit Confirms Congress’s Power to Disarm All Felons, Violent or Not, Without Individualized Review 1. Introduction In Zherka v. Bondi, Docket No. 22-1108-cv (decided...
Affidavit-Based Probable Cause as a Complete Defense to First and Fourth Amendment Claims Commentary on Eric Youngblood, Sr. v. City of Georgiana, Alabama, No. 23-13142 (11th Cir. June 9 2025)...
The “Objective-and-Readily-Verifiable” Gatekeeper Doctrine: 11th Circuit Narrows FCRA Liability in Martino v. Bank of America (2025) Introduction In Marcelo Martino v. Bank of America, N.A., the...
Dismissed-Conduct Still Counts: Eleventh Circuit Clarifies Post-Amendment 826 Sentencing in United States v. Ronald Rieco Shanks Introduction On 9 June 2025, the Eleventh Circuit delivered a...
Pickett v. City of Cleveland: Sixth Circuit Clarifies Article III Standing and Predominance Standards for FHA Disparate-Impact Class Actions Introduction Albert Pickett Jr. and four other...
The Lyngaas II Precedent: Sender Liability for Third-Party Fax Promotions under the TCPA and the “Sufficiently Direct Profit Motive” Standard Introduction In Brian J. Lyngaas, D.D.S., P.L.L.C. v....
Thomas v. Montgomery – Sixth Circuit Re-Affirms No Liberty Interest in Parole under Tennessee’s Post-2021 Scheme Despite Algorithmic STRONG-R Assessments Introduction In Carvin L. Thomas & Terrell...
Clark v. Commissioner: Sixth Circuit Reaffirms Broad ALJ Discretion under the 2017 Medical-Opinion Rule (§ 404.1520c) 1. Introduction Donald Roy Clark, a former warehouse foreman and inside salesman,...
Sixth Circuit Narrows Unconscionability Challenges to Arbitration Clauses After Coinbase – Comment on Jessica Hines v. National Entertainment Group, LLC (6th Cir. 2025) I. Introduction In a published...
Settlement-Induced Mootness and Discovery Confidentiality: The Sixth Circuit’s Clarification in McGhee-Twilley v. CoreCivic Introduction The Sixth Circuit’s unpublished opinion in Lakenya...
“Reasonable Foreseeability through Continuous Participation” – Sixth Circuit Clarifies When a Firearm Enhancement Applies in Hobbs Act Robbery Conspiracies Introduction In United States v. Kyle Lynn...