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Clarifying Ascertainability and Consumer Remedies in “Short-Change” Class Actions Introduction In Bridget McMahon and James Rice v. Chipotle Mexican Grill, Inc., Nos. 24-1883 & 24-2042 (3d Cir. June...
Clarifying Ascertainability in Rule 23(b)(3) Class Actions: Objective Criteria and Feasible Identification Mechanisms Introduction The Third Circuit’s decision in Bridget McMahon v. Chipotle Mexican...
Reaffirming the 90-Day Filing Deadline: Limited Equitable Tolling for ADA Actions Filed Pro Se Introduction In Judy Percival v. Kelley Zimmerman, the United States Court of Appeals for the Third...
Non-Party Immunity from Arbitration Awards: Third Circuit Upholds Permanent Injunction in Trustees v. Patterson Introduction Trustees of the General Assembly of the Church of the Lord Jesus Christ of...
Clarifying Mitigating Role Adjustments Under USSG §3B1.2: Distinction Between Minor and Minimal Participants Introduction United States v. Ricky Sanchez (3d Cir. 2025) addresses the distinction...
Qualified Immunity and Defensive Return Fire in Human-Shield Hostage Encounters Introduction This appeal arises from the tragic death of three-month-old La’Mello Parker, who was held by his father as...
Macias v. Bexar County: Reinforcing Rule 16 Good Cause and Monell Liability Requirements Introduction Macias v. Bexar County is a Fifth Circuit decision issued on June 6, 2025. It arose from the...
Full Faith and Credit Bars Relitigation of State-Court Defenses in Federal Civil-Rights Suits Introduction Odeh v. Butler is a Fifth Circuit decision clarifying how federal courts must apply...
Paz v. Hayden: Failure to Rebut Qualified Immunity Bars §1983 Illegal Search Claims Introduction In Paz v. Hayden, No. 24-20226 (5th Cir. June 6, 2025), Richard Allen Paz sued a group of Texas...
Constitutional Scope of § 922(g)(1) for Burglary Convicts & Sentencing Enhancement via Attempted First-Degree Murder Cross-Reference Introduction United States v. Lopez, 24-50182 (5th Cir. June 6,...
Certificate of Appealability Required for Habeas Challenges to Interstate Custody Transfers under 18 U.S.C. § 3623 Introduction In Hanson v. Quick, the United States Court of Appeals for the Tenth...
Ensuring Mutual Assent in Arbitration: Parisi v. GreenSky Clarifies Contract Formation Introduction The Tenth Circuit’s decision in Parisi v. GreenSky (10th Cir. 2025) addresses a fundamental...
Arbitration Requires a Validly Formed Contract: Mutual Assent on Essential Terms Introduction This commentary examines the United States Court of Appeals for the Tenth Circuit decision in Parisi v....
Refining Pro Se Solicitude and Pleading Standards under Section 1983: Craig v. City of New York Introduction The United States Court of Appeals for the Second Circuit’s summary order in Craig v. The...
Limitation of Conservation Easement Charitable Deductions by Inventory Basis Under IRC §§ 170(e) and 724(b) Introduction Glade Creek Partners, LLC v. Commissioner of Internal Revenue (11th Cir. June...
Defining “Superficial” Interaction in SSA Disability Evaluations: Quality vs Quantity Distinction Introduction In Dawn Mabry-Schlicher v. Commissioner of Social Security, the Sixth Circuit tackled...
Preemption of Emissions Fraud Claims Under the Clean Air Act: Counts v. General Motors Introduction In Counts v. General Motors, LLC, 25a0150p.06 (6th Cir. June 6, 2025), a putative class of...
Keith v. Griffiths: Material Factual Disputes Bar Qualified and Statutory Immunity in Deadly Force §1983 Claims Introduction Rita Keith, as administrator of the estate of her son Arthur Keith, sued...
Sixth Circuit Clarifies Limits of “Relevant Conduct” for Excluding Prior Drug Convictions from Criminal History Calculations Introduction In United States v. Amon Sudan Sanders-Outlaw, 25 F.4th 1024...
Odor of Marijuana as Probable Cause for Arrest: Sixth Circuit’s New Fourth Amendment Rule in United States v. Santiago Introduction United States v. Edwin Santiago (6th Cir. 2025) addresses a...