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  • Commentaries
  • Judgments

new-precedent-on... Case Commentaries

The Saving Clause as a Jurisdictional Bar: Detailed Commentary on Shannon Wayne Agofsky v. Baysore

The Saving Clause as a Jurisdictional Bar: Detailed Commentary on Shannon Wayne Agofsky v. Baysore

Date: Dec 1, 2025
The Saving Clause as a Jurisdictional Bar: Seventh Circuit Realigns with National Consensus in Shannon Wayne Agofsky v. Baysore I. Introduction This commentary examines the Seventh Circuit’s decision...
“Enough Truth to Make Investors Second‑Guess”: The Eleventh Circuit’s Flexible Corrective‑Disclosure Standard for Loss Causation in City of Hollywood Police Officers’ Retirement System v. NextEra Energy, Inc.

“Enough Truth to Make Investors Second‑Guess”: The Eleventh Circuit’s Flexible Corrective‑Disclosure Standard for Loss Causation in City of Hollywood Police Officers’ Retirement System v. NextEra Energy, Inc.

Date: Dec 1, 2025
“Enough Truth to Make Investors Second‑Guess”: The Eleventh Circuit’s Flexible Corrective‑Disclosure Standard for Loss Causation in City of Hollywood Police Officers’ Retirement System v. NextEra...
Rejecting “Presidential Tolling” and Weaponized Shotgun Pleadings: The Eleventh Circuit’s Decision in Trump v. Clinton / Habba v. Dolan

Rejecting “Presidential Tolling” and Weaponized Shotgun Pleadings: The Eleventh Circuit’s Decision in Trump v. Clinton / Habba v. Dolan

Date: Dec 1, 2025
Rejecting “Presidential Tolling” and Weaponized Shotgun Pleadings: The Eleventh Circuit’s Decision in Trump v. Clinton / Habba v. Dolan I. Introduction This consolidated Eleventh Circuit opinion,...
Trump v. Clinton (11th Cir. 2025): No Special Tolling for Sitting Presidents and Robust Sanctions for Abusive Political Litigation

Trump v. Clinton (11th Cir. 2025): No Special Tolling for Sitting Presidents and Robust Sanctions for Abusive Political Litigation

Date: Dec 1, 2025
Trump v. Clinton (11th Cir. 2025): No Special Tolling for Sitting Presidents and Robust Sanctions for Abusive Political Litigation I. Introduction This consolidated appeal from the Eleventh Circuit...
Rejecting “Presidential Tolling” and Sanctioning Politicized Shotgun Pleadings: Commentary on Donald J. Trump v. Hillary R. Clinton (11th Cir. 2025)

Rejecting “Presidential Tolling” and Sanctioning Politicized Shotgun Pleadings: Commentary on Donald J. Trump v. Hillary R. Clinton (11th Cir. 2025)

Date: Dec 1, 2025
Rejecting “Presidential Tolling” and Sanctioning Politicized Shotgun Pleadings: Commentary on Donald J. Trump v. Hillary R. Clinton (11th Cir. 2025) I. Introduction This Eleventh Circuit decision...
No “Presidential Tolling,” Shotgun Pleadings, and Sanctions for Political Litigation: Commentary on Trump v. Clinton (11th Cir. 2025)

No “Presidential Tolling,” Shotgun Pleadings, and Sanctions for Political Litigation: Commentary on Trump v. Clinton (11th Cir. 2025)

Date: Dec 1, 2025
No “Presidential Tolling,” Shotgun Pleadings, and Sanctions for Political Litigation: Commentary on Trump v. Clinton (11th Cir. 2025) Introduction This commentary analyzes the Eleventh Circuit’s...
Mootness of Interlocutory Appeals After Bankruptcy Stay Relief: Commentary on In re 155 Chambersfood, Inc.

Mootness of Interlocutory Appeals After Bankruptcy Stay Relief: Commentary on In re 155 Chambersfood, Inc.

Date: Dec 1, 2025
Mootness of Interlocutory Appeals After Bankruptcy Stay Relief: Commentary on In re 155 Chambersfood, Inc. (2d Cir. Nov. 26, 2025) I. Introduction This commentary analyzes the Second Circuit’s...

    Thieriot v. Laggner: Application of New York’s Brettler Rule on Anti‑Assignment Clauses,
    “Consummation” of Share Sales, and Joinder of Contracting Parties

Thieriot v. Laggner: Application of New York’s Brettler Rule on Anti‑Assignment Clauses, “Consummation” of Share Sales, and Joinder of Contracting Parties

Date: Dec 1, 2025
Thieriot v. Laggner: Application of New York’s Brettler Rule on Anti‑Assignment Clauses, “Consummation” of Share Sales, and Joinder of Contracting Parties I. Introduction In Thieriot v. Laggner, No....
Erde v. Carranza: Strict Enforcement of IDEA Issue Exhaustion and Limits on “Opening the Door” in FAPE Transportation Disputes

Erde v. Carranza: Strict Enforcement of IDEA Issue Exhaustion and Limits on “Opening the Door” in FAPE Transportation Disputes

Date: Dec 1, 2025
Erde v. Carranza: Strict Enforcement of IDEA Issue Exhaustion and Limits on “Opening the Door” in FAPE Transportation Disputes I. Introduction Erde v. Carranza, No. 25-54-cv (2d Cir. Nov. 26, 2025)...
Professional Judgment, Deliberate Indifference, and Harmless Error in Civil Detainee Medical-Care Claims: Commentary on Nealy v. Masters (11th Cir. 2025)

Professional Judgment, Deliberate Indifference, and Harmless Error in Civil Detainee Medical-Care Claims: Commentary on Nealy v. Masters (11th Cir. 2025)

Date: Dec 1, 2025
Professional Judgment, Deliberate Indifference, and Harmless Error in Civil Detainee Medical-Care Claims: Commentary on Nealy v. Masters, No. 24‑13002 (11th Cir. Nov. 26, 2025) I. Introduction This...
No Presumption of Vindictiveness from a Higher Guidelines Range Without an Increased Aggregate Sentence: Commentary on United States v. Camacho (11th Cir. 2025)

No Presumption of Vindictiveness from a Higher Guidelines Range Without an Increased Aggregate Sentence: Commentary on United States v. Camacho (11th Cir. 2025)

Date: Dec 1, 2025
No Presumption of Vindictiveness from a Higher Guidelines Range Without an Increased Aggregate Sentence: Commentary on United States v. Camacho (11th Cir. 2025) I. Introduction United States v....
Honest Belief and Protected Activity in Title VII Retaliation: Commentary on Louissaint v. Miami-Dade County

Honest Belief and Protected Activity in Title VII Retaliation: Commentary on Louissaint v. Miami-Dade County

Date: Dec 1, 2025
Honest Belief and Protected Activity in Title VII Retaliation: Commentary on Louissaint v. Miami-Dade County I. Introduction This Eleventh Circuit decision, Debbie Louissaint v. Miami-Dade County,...
Aligning the CGL Employer’s Liability Exclusion with Alabama Workers’ Compensation Standards: Commentary on Amanali Babwari v. State Farm Fire and Casualty Co.

Aligning the CGL Employer’s Liability Exclusion with Alabama Workers’ Compensation Standards: Commentary on Amanali Babwari v. State Farm Fire and Casualty Co.

Date: Dec 1, 2025
Aligning the CGL Employer’s Liability Exclusion with Alabama Workers’ Compensation Standards: Commentary on Amanali Babwari v. State Farm Fire and Casualty Co. I. Introduction The Eleventh Circuit’s...
Eleventh Circuit Clarifies Limits on School Liability for Student-on-Student Hazing and Reaffirms Robust Qualified and State-Agent Immunity

Eleventh Circuit Clarifies Limits on School Liability for Student-on-Student Hazing and Reaffirms Robust Qualified and State-Agent Immunity

Date: Dec 1, 2025
Eleventh Circuit Clarifies Limits on School Liability for Student-on-Student Hazing and Reaffirms Robust Qualified and State-Agent Immunity I. Introduction The Eleventh Circuit’s decision in Rodney...
Mandatory Administrator Planning and Structural Reforms in Montana’s Lawyer Disciplinary System: Commentary on the 2025 Proposed Amendments to the Rules for Lawyer Disciplinary Enforcement

Mandatory Administrator Planning and Structural Reforms in Montana’s Lawyer Disciplinary System: Commentary on the 2025 Proposed Amendments to the Rules for Lawyer Disciplinary Enforcement

Date: Nov 30, 2025
Mandatory Administrator Planning and Structural Reforms in Montana’s Lawyer Disciplinary System Commentary on the Supreme Court of Montana’s 2025 Order Inviting Comment on Proposed Amendments to the...
Refusal to Undergo a Faretta Canvass as Waiver of the Right to Self‑Representation: Commentary on State v. Dist. Ct. (Kirk, Jr.)

Refusal to Undergo a Faretta Canvass as Waiver of the Right to Self‑Representation: Commentary on State v. Dist. Ct. (Kirk, Jr.)

Date: Nov 30, 2025
Refusal to Undergo a Faretta Canvass as Waiver of the Right to Self‑Representation: Commentary on State v. Dist. Ct. (Kirk, Jr.) I. Introduction In State of Nevada v. Eighth Judicial District Court...
Oshiro v. Oshiro: Considering, but Not Dividing, Military Disability Benefits in Nevada Alimony Determinations

Oshiro v. Oshiro: Considering, but Not Dividing, Military Disability Benefits in Nevada Alimony Determinations

Date: Nov 30, 2025
Oshiro v. Oshiro: Considering, but Not Dividing, Military Disability Benefits in Nevada Alimony Determinations I. Introduction The Nevada Supreme Court’s decision in Oshiro v. Oshiro, 141 Nev.,...
Intentional Maintenance as the Test for FERPA Email Records: Commentary on Clark County School District v. District Court (Angalia B.)

Intentional Maintenance as the Test for FERPA Email Records: Commentary on Clark County School District v. District Court (Angalia B.)

Date: Nov 30, 2025
Intentional Maintenance as the Test for FERPA Email Records: Commentary on Clark County School District v. District Court (Angalia B.), 141 Nev. Adv. Op. 58 I. Introduction The Nevada Supreme Court’s...
Taxpayer Standing After the 2018 Amendment and Pronoun Protections in Long‑Term Care: Commentary on Taking Offense v. State of California

Taxpayer Standing After the 2018 Amendment and Pronoun Protections in Long‑Term Care: Commentary on Taking Offense v. State of California

Date: Nov 30, 2025
Taxpayer Standing After the 2018 Amendment and Pronoun Protections in Long‑Term Care: A Commentary on Taking Offense v. State of California (Cal. Supreme Ct. 2025) I. Introduction This commentary...
Broadening “Apportionment” in Wisconsin: Three‑Judge Panels for All Congressional and Legislative Redistricting Challenges After Bothfeld v. WEC

Broadening “Apportionment” in Wisconsin: Three‑Judge Panels for All Congressional and Legislative Redistricting Challenges After Bothfeld v. WEC

Date: Nov 30, 2025
Broadening “Apportionment” in Wisconsin: Three‑Judge Panels for All Congressional and Legislative Redistricting Challenges After Bothfeld v. Wisconsin Elections Commission I. Introduction The...
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