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Discretion and Limits in Recruiting Pro Bono Counsel Under §1915(e) in Civil Rights Litigation 1. Introduction Lazerek Austin v. Cheryl Hansen is a Seventh Circuit decision addressing for the first...
SSA v. AFSCME (605 U.S. ____ (2025)): The Supreme Court Softens the Irreparable-Harm Requirement for Governmental Stay Applications 1. Introduction SSA v. AFSCME concerns an “emergency-docket”...
Definitive Scope Requirement for Final § 1782 Discovery Orders Introduction In Amgen Inc. v. Celltrion USA Inc., the Third Circuit addressed a threshold jurisdictional question under 28 U.S.C. §...
Limiting Public Employee First Amendment Retaliation: Public Concern and Employer Knowledge Requirements Introduction Nancy E. Lewen v. Pennsylvania Soldiers and Sailors Home presented the Third...
Non-Finality of Denial Without Prejudice of Motion to Dissolve Writ of Garnishment Under 28 U.S.C. §1291 Introduction Natour v. Bank of America, decided by the United States Court of Appeals for the...
Reasonable Limits on Discovery Access for Pro Se Incarcerated Defendants: United States v. Black Introduction United States v. Black (5th Cir. 2025) arises from the conviction of Brian Deboris Black...
Aiding-and-Abetting Liability under the Anti-Kickback Statute for Pharmaceutical Marketers Introduction United States v. Cockerell is a Fifth Circuit decision handed down on June 5, 2025, affirming...
Circumstantial Inference of Recklessness in Aircraft Laser Offenses: United States v. Roberson Introduction United States v. Roberson (5th Cir. 2025) addresses the sentencing enhancement under...
Receivership Supersession of Turnover Orders and Mootness in Post-Judgment Proceedings Introduction In Weslease 2018 Operating, L.P. v. Behan, 24-10246 (5th Cir. June 5, 2025), the Fifth Circuit...
Post-Appeal Receivership Appointments Moot Turnover and Enforcement Order Appeals Introduction This commentary examines the Fifth Circuit’s decision in Weslease 2018 Operating, L.P. v. Behan (No....
Supersession of Turnover and Enforcement Orders by Subsequent Receivership Appointment Introduction This commentary examines the United States Court of Appeals for the Fifth Circuit’s per curiam...
Receivership Supersession as a Mootness Rule: Weslease 2018 v. Behan Introduction In Weslease 2018 Operating, L.P. v. Behan, the Fifth Circuit addressed the interplay between turnover orders under...
Receivership Supersession Doctrine: Superseding Turnover Orders and Mootness in Fifth Circuit Introduction In Weslease 2018 Operating, L.P. v. Behan, Nos. 24-10246 et al., the United States Court of...
Clarifying the Governmental-Action Exclusion and Appraisal Rights in Homeowner’s Insurance Policies: Wright v. ASI Lloyds 1. Introduction Wright v. ASI Lloyds, decided June 5, 2025 by the Fifth...
Municipal Demolition and the Governmental-Action Exclusion in Homeowner Policies Introduction Wright v. ASI Lloyds (5th Cir. June 5, 2025) establishes that a homeowner’s insurer may invoke a...
The Zook Principle Reaffirmed: Parallel State Laws Incorporating Federal Standards Are Not Preempted 1. Introduction In Zyla Life Sciences, L.L.C. v. Wells Pharma of Houston, L.L.C. (No. 23-20533,...
Release-of-Past-Conduct Clause by Monopolists Not an Anticompetitive Practice Under Section 2 of the Sherman Act Introduction This commentary examines the Fourth Circuit’s decision in 2311 Racing LLC...
Timely Preservation of Personal Jurisdiction Defense and Waiver under Federal Rule of Civil Procedure 12 Introduction In Aida Elzagally v. Khalifa Hifter, Nos. 24-1422, 24-1423, 24-1426 (4th Cir....
Waiver of Personal Jurisdiction Defense Under Rule 12(h)(1): Timeliness Requirement Clarified Introduction Aida Elzagally v. Khalifa Hifter (Nos. 24-1422 et seq.) is a consolidated appeal arising...
Timely Assertion of Personal Jurisdiction Defenses and Dismissal Protocols: 4th Circuit Clarification in Ali Hamza v. Khalifa Hifter Introduction This consolidated appeal, decided June 5, 2025 by the...