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  • Commentaries
  • Judgments

new-precedent-on... Case Commentaries

Holtec Int'l Corp. v. MSUWC: Misnomer, Waiver, and the Enforcement of Labor Arbitration Awards Despite Caption Errors

Holtec Int'l Corp. v. MSUWC: Misnomer, Waiver, and the Enforcement of Labor Arbitration Awards Despite Caption Errors

Date: Nov 30, 2025
Holtec Int'l Corp. v. MSUWC: Misnomer, Waiver, and the Enforcement of Labor Arbitration Awards Despite Caption Errors I. Introduction In Holtec International Corporation v. Michigan State Utility...
Medicare LCDs as Binding Standards in Criminal Health-Care Fraud: Commentary on United States v. Siefert & Ehn

Medicare LCDs as Binding Standards in Criminal Health-Care Fraud: Commentary on United States v. Siefert & Ehn

Date: Nov 30, 2025
Medicare LCDs as Binding Standards in Criminal Health-Care Fraud: Commentary on United States v. Siefert & Ehn I. Introduction The Sixth Circuit’s published opinion in United States v. William...
United States v. Siefert & Ehn: Medicare LCDs, Overdose Evidence, and Loss Calculations in Criminal Health‑Care Fraud

United States v. Siefert & Ehn: Medicare LCDs, Overdose Evidence, and Loss Calculations in Criminal Health‑Care Fraud

Date: Nov 30, 2025
United States v. Siefert & Ehn: Medicare Local Coverage Determinations, Overdose Evidence After Ruan, and Loss Calculations in Opioid‑Clinic Health‑Care Fraud I. Introduction In United States v....
Qualified Immunity for Government’s Outside Counsel: Commentary on DeLanis v. Metropolitan Government of Nashville

Qualified Immunity for Government’s Outside Counsel: Commentary on DeLanis v. Metropolitan Government of Nashville

Date: Nov 30, 2025
Qualified Immunity for Government’s Outside Counsel: Commentary on James A. DeLanis v. Metropolitan Government of Nashville & Davidson County I. Introduction The Sixth Circuit’s published decision in...
Qualified Immunity for Outside Government Counsel and Retaliatory Client Pressure: Commentary on James A. DeLanis v. Metropolitan Government of Nashville

Qualified Immunity for Outside Government Counsel and Retaliatory Client Pressure: Commentary on James A. DeLanis v. Metropolitan Government of Nashville

Date: Nov 30, 2025
Qualified Immunity for Outside Government Counsel and Retaliatory Client Pressure: Commentary on James A. DeLanis v. Metropolitan Government of Nashville & Davidson County I. Introduction This Sixth...
Iowa Narrows the Safe Harbor from No‑Contest Clauses: Subjective Good Faith, Restatement (Third) Probable Cause, and Burden on the Challenger in In re Estate of Felten

Iowa Narrows the Safe Harbor from No‑Contest Clauses: Subjective Good Faith, Restatement (Third) Probable Cause, and Burden on the Challenger in In re Estate of Felten

Date: Nov 30, 2025
Iowa Narrows the Safe Harbor from No‑Contest Clauses: Subjective Good Faith, Restatement (Third) Probable Cause, and Burden on the Challenger in In re Estate of Felten Case: In the Matter of the...
Precautionary Closed Hiring Interviews and Reputation Protection Under Iowa’s Open Meetings Act

Precautionary Closed Hiring Interviews and Reputation Protection Under Iowa’s Open Meetings Act

Date: Nov 30, 2025
Precautionary Closed Hiring Interviews and Reputation Protection Under Iowa’s Open Meetings Act I. Introduction The Supreme Court of Iowa’s decision in Robert Teig v. Brad Hart, Tyler Olson, Ann Poe,...
Cadence Bank v. Bridgelink: The Nerve-Center Test for Multi‑Headquartered Banks and Strict Construction of Guarantor Release Clauses

Cadence Bank v. Bridgelink: The Nerve-Center Test for Multi‑Headquartered Banks and Strict Construction of Guarantor Release Clauses

Date: Nov 30, 2025
Cadence Bank v. Bridgelink: The Nerve-Center Test for Multi‑Headquartered Banks and Strict Construction of Guarantor Release Clauses I. Introduction The Fifth Circuit’s decision in Cadence Bank v....
Reaffirming Batton and the Rule of Orderliness: FOIA Attorney-Fee Awards After Bermudez v. EOIR

Reaffirming Batton and the Rule of Orderliness: FOIA Attorney-Fee Awards After Bermudez v. EOIR

Date: Nov 30, 2025
Reaffirming Batton and the Rule of Orderliness: FOIA Attorney-Fee Awards After Bermudez v. EOIR I. Introduction The Fifth Circuit’s unpublished per curiam decision in Bermudez v. Executive Office for...
Benavides v. Harris County: Distinguishing Intentional and Accidental Police Shootings Under the Texas Tort Claims Act’s Intentional‑Tort Exception

Benavides v. Harris County: Distinguishing Intentional and Accidental Police Shootings Under the Texas Tort Claims Act’s Intentional‑Tort Exception

Date: Nov 30, 2025
Benavides v. Harris County: Distinguishing Intentional and Accidental Police Shootings Under the Texas Tort Claims Act’s Intentional‑Tort Exception I. Introduction The Fifth Circuit’s unpublished per...
Nerve Center Over Corporate Labels: The Fifth Circuit Clarifies Corporate Citizenship and Strict Compliance with Guarantor Release Clauses in Cadence Bank v. Johnson

Nerve Center Over Corporate Labels: The Fifth Circuit Clarifies Corporate Citizenship and Strict Compliance with Guarantor Release Clauses in Cadence Bank v. Johnson

Date: Nov 30, 2025
Nerve Center Over Corporate Labels: The Fifth Circuit Clarifies Corporate Citizenship and Strict Compliance with Guarantor Release Clauses in Cadence Bank v. Johnson I. Introduction The Fifth...
Strict Contemporaneity for State-of-Mind Hearsay and the Role of Independent Investigations in Retaliation Claims: Commentary on Acevedo v. City of Reading (3d Cir. 2025)

Strict Contemporaneity for State-of-Mind Hearsay and the Role of Independent Investigations in Retaliation Claims: Commentary on Acevedo v. City of Reading (3d Cir. 2025)

Date: Nov 30, 2025
Strict Contemporaneity for State-of-Mind Hearsay and the Role of Independent Investigations in Retaliation Claims: Commentary on Acevedo v. City of Reading (3d Cir. 2025) I. Introduction This...
Statutory Abandonment and Termination Without Less Restrictive Alternatives in West Virginia Abuse and Neglect Law: Commentary on In re A.W. and J.W.

Statutory Abandonment and Termination Without Less Restrictive Alternatives in West Virginia Abuse and Neglect Law: Commentary on In re A.W. and J.W.

Date: Nov 30, 2025
Statutory Abandonment and Termination Without Less Restrictive Alternatives in West Virginia Abuse and Neglect Law: Commentary on In re A.W. and J.W. 1. Introduction This commentary analyzes the...
In re N.S.: Strict Enforcement of Written Motions for Improvement Periods, GAL Reporting, and Termination Without Identified Placement

In re N.S.: Strict Enforcement of Written Motions for Improvement Periods, GAL Reporting, and Termination Without Identified Placement

Date: Nov 30, 2025
In re N.S.: Strict Enforcement of Written Motions for Improvement Periods, GAL Reporting, and Termination Without Identified Placement This commentary analyzes the Supreme Court of Appeals of West...
Acknowledgment of Abuse, Repeated DHS Involvement, and the Futility of Improvement Periods: Commentary on In re C.F. and I.F.

Acknowledgment of Abuse, Repeated DHS Involvement, and the Futility of Improvement Periods: Commentary on In re C.F. and I.F.

Date: Nov 30, 2025
Acknowledgment of Abuse, Repeated DHS Involvement, and the Futility of Improvement Periods: Commentary on In re C.F. and I.F. I. Introduction This commentary examines the Supreme Court of Appeals of...
Failure of a Legal Guardian to Acknowledge Neglect and Obey Visitation Restrictions Justifies Denial of an Improvement Period and Termination of Guardianship: Commentary on In re B.W. and N.W.

Failure of a Legal Guardian to Acknowledge Neglect and Obey Visitation Restrictions Justifies Denial of an Improvement Period and Termination of Guardianship: Commentary on In re B.W. and N.W.

Date: Nov 30, 2025
Failure of a Legal Guardian to Acknowledge Neglect and Obey Visitation Restrictions Justifies Denial of an Improvement Period and Termination of Guardianship: Commentary on In re B.W. and N.W. I....
“Meaningful Change, Not Mere Compliance”: Termination of Parental Rights After Recurring Domestic Violence and Failed Improvement Efforts in In re C.F. and I.F.

“Meaningful Change, Not Mere Compliance”: Termination of Parental Rights After Recurring Domestic Violence and Failed Improvement Efforts in In re C.F. and I.F.

Date: Nov 30, 2025
“Meaningful Change, Not Mere Compliance”: Termination of Parental Rights After Recurring Domestic Violence and Failed Improvement Efforts in In re C.F. and I.F. I. Introduction The Supreme Court of...
Presumption of Municipal Territorial Jurisdiction and the Appellant’s Burden on De Novo Appeals: Commentary on State of West Virginia & Municipality of Milton v. Gravely

Presumption of Municipal Territorial Jurisdiction and the Appellant’s Burden on De Novo Appeals: Commentary on State of West Virginia & Municipality of Milton v. Gravely

Date: Nov 30, 2025
Presumption of Municipal Territorial Jurisdiction and the Appellant’s Burden on De Novo Appeals: Commentary on State of West Virginia & Municipality of Milton v. Gravely I. Introduction This...
No Deferral and No “Non‑Adjudication”: Reopened Adjudication and Amended Petitions in West Virginia Child Abuse and Neglect Proceedings – Commentary on In re W.B., et al.

No Deferral and No “Non‑Adjudication”: Reopened Adjudication and Amended Petitions in West Virginia Child Abuse and Neglect Proceedings – Commentary on In re W.B., et al.

Date: Nov 30, 2025
No Deferral and No “Non‑Adjudication”: Reopened Adjudication and Amended Petitions in West Virginia Child Abuse and Neglect Proceedings – Commentary on In re W.B., A.B.-1, L.B.-1, E.B., L.B.-2, and...
Reaffirming Termination of Custodial Rights for Noncompliance with Improvement Periods in West Virginia Abuse and Neglect Proceedings: Commentary on In re N.M., B.M., C.M., P.M., A.H., and Z.H.

Reaffirming Termination of Custodial Rights for Noncompliance with Improvement Periods in West Virginia Abuse and Neglect Proceedings: Commentary on In re N.M., B.M., C.M., P.M., A.H., and Z.H.

Date: Nov 30, 2025
Reaffirming Termination of Custodial Rights for Noncompliance with Improvement Periods in West Virginia Abuse and Neglect Proceedings: Commentary on In re N.M., B.M., C.M., P.M., A.H., and Z.H. Note:...
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