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  • Commentaries
  • Judgments

protected-advice-at-life’s-end:-seventh-circuit-holds-indiana’s-funeral-licensing-ban-on-death-doula-counseling-fails-even-under-intermediate-scrutiny—and-consent-orders-don’t-waive-federal-rights Case Commentaries

Modernizing Florida Civil Practice: Clarified E-Filing/E-Service in Summons, Enhanced Pleading Requirements for Chapter 82 Possession Actions, and Plain-Language Updates to Rule 1.442

Modernizing Florida Civil Practice: Clarified E-Filing/E-Service in Summons, Enhanced Pleading Requirements for Chapter 82 Possession Actions, and Plain-Language Updates to Rule 1.442

Date: Nov 16, 2025
Modernizing Florida Civil Practice: Clarified E-Filing/E-Service in Summons, Enhanced Pleading Requirements for Chapter 82 Possession Actions, and Plain-Language Updates to Rule 1.442 Introduction On...
Florida Supreme Court Aligns CPC Scoresheet with 2025 Statutory Enhancements: New Multipliers for Aggravated Animal Cruelty (1.25) and Fleeing/Eluding (1.5)

Florida Supreme Court Aligns CPC Scoresheet with 2025 Statutory Enhancements: New Multipliers for Aggravated Animal Cruelty (1.25) and Fleeing/Eluding (1.5)

Date: Nov 16, 2025
Florida Supreme Court Aligns CPC Scoresheet with 2025 Statutory Enhancements: New Multipliers for Aggravated Animal Cruelty (1.25) and Fleeing/Eluding (1.5) Introduction In a per curiam...
Mandatory Online Publication of Local Court Governance and Electronic-First Records Retention: Florida Supreme Court Amends Rules 2.215, 2.265, and 2.430

Mandatory Online Publication of Local Court Governance and Electronic-First Records Retention: Florida Supreme Court Amends Rules 2.215, 2.265, and 2.430

Date: Nov 16, 2025
Mandatory Online Publication of Local Court Governance and Electronic-First Records Retention: Florida Supreme Court Amends Rules 2.215, 2.265, and 2.430 Introduction This commentary analyzes the...
No Default Without Proper Service: Third Circuit Reaffirms Nonparty-Service Requirement and Disfavors Defaults in Pro Se § 1983 Litigation

No Default Without Proper Service: Third Circuit Reaffirms Nonparty-Service Requirement and Disfavors Defaults in Pro Se § 1983 Litigation

Date: Nov 16, 2025
No Default Without Proper Service: Third Circuit Reaffirms Nonparty-Service Requirement and Disfavors Defaults in Pro Se § 1983 Litigation Introduction In John M. Gera v. Borough of Frackville, the...
Waiver-by-Amendment: Third Circuit Finds Plaintiff Forfeits Challenge to Removal by Non-Defendant After Adding Remover as a Party; Case-Management Memoranda Count as “Other Paper” for § 1446(b)(3)

Waiver-by-Amendment: Third Circuit Finds Plaintiff Forfeits Challenge to Removal by Non-Defendant After Adding Remover as a Party; Case-Management Memoranda Count as “Other Paper” for § 1446(b)(3)

Date: Nov 16, 2025
Waiver-by-Amendment: Third Circuit Finds Plaintiff Forfeits Challenge to Removal by Non-Defendant After Adding Remover as a Party; Case-Management Memoranda Count as “Other Paper” for § 1446(b)(3)...
Post-Esteras boundaries on “seriousness” at supervised-release revocation: Third Circuit affirms upward variance in United States v. Hardeman

Post-Esteras boundaries on “seriousness” at supervised-release revocation: Third Circuit affirms upward variance in United States v. Hardeman

Date: Nov 16, 2025
Post-Esteras boundaries on “seriousness” at supervised-release revocation: Third Circuit affirms upward variance in United States v. Hardeman Introduction In United States v. Taire Hardeman, the...
Post‑Esteras Boundaries in Revocation Sentencing: Third Circuit Affirms Upward Variance Grounded in Breach of Trust and Violation Conduct in United States v. Taire Hardeman

Post‑Esteras Boundaries in Revocation Sentencing: Third Circuit Affirms Upward Variance Grounded in Breach of Trust and Violation Conduct in United States v. Taire Hardeman

Date: Nov 16, 2025
Post‑Esteras Boundaries in Revocation Sentencing: Third Circuit Affirms Upward Variance Grounded in Breach of Trust and Violation Conduct United States v. Taire Hardeman, No. 24‑2832 & 24‑3230 (3d...
No Express Post-Termination Clause, No Renewal Commissions: Fifth Circuit Clarifies Maryland Law on Captive Agents’ Rights in Sims Agency v. GEICO

No Express Post-Termination Clause, No Renewal Commissions: Fifth Circuit Clarifies Maryland Law on Captive Agents’ Rights in Sims Agency v. GEICO

Date: Nov 16, 2025
No Express Post-Termination Clause, No Renewal Commissions: Fifth Circuit Clarifies Maryland Law on Captive Agents’ Rights in Sims Agency v. GEICO Introduction In Sims Agency, L.L.C. v. Government...
Extreme Speeding, Without Specific Warnings or Other Aggravating Factors, Is Not Willful and Wanton Negligence Under Virginia Law

Extreme Speeding, Without Specific Warnings or Other Aggravating Factors, Is Not Willful and Wanton Negligence Under Virginia Law

Date: Nov 16, 2025
Extreme Speeding, Without Specific Warnings or Other Aggravating Factors, Is Not Willful and Wanton Negligence Under Virginia Law Introduction In Vasterling v. Dirle, No. 23-1702 (4th Cir. Nov. 12,...
Partial Disclosure Triggers Inquiry Notice: Fourth Circuit Clarifies Tolling, Accrual, and Unjust Enrichment in Mission Integrated Technologies, LLC v. Clemente

Partial Disclosure Triggers Inquiry Notice: Fourth Circuit Clarifies Tolling, Accrual, and Unjust Enrichment in Mission Integrated Technologies, LLC v. Clemente

Date: Nov 16, 2025
Partial Disclosure Triggers Inquiry Notice: Fourth Circuit Clarifies Tolling, Accrual, and Unjust Enrichment in Mission Integrated Technologies, LLC v. Clemente Introduction This published Fourth...
No Mid‑Term Increases to Legislative “In‑District Compensation”: South Carolina Supreme Court Clarifies Compensation vs. Expense Reimbursement in Climer v. Loftis

No Mid‑Term Increases to Legislative “In‑District Compensation”: South Carolina Supreme Court Clarifies Compensation vs. Expense Reimbursement in Climer v. Loftis

Date: Nov 16, 2025
No Mid‑Term Increases to Legislative “In‑District Compensation”: South Carolina Supreme Court Clarifies Compensation vs. Expense Reimbursement in Climer v. Loftis Introduction This...
Settlement Language Can “Award” Fees and Contractual Fee Obligations Qualify as “Other Disposition Required by Law”: The South Carolina Supreme Court Clarifies § 1‑7‑150(B) and Forecloses Judicial Fee-Reasonableness Review Absent Statutory Authority

Settlement Language Can “Award” Fees and Contractual Fee Obligations Qualify as “Other Disposition Required by Law”: The South Carolina Supreme Court Clarifies § 1‑7‑150(B) and Forecloses Judicial Fee-Reasonableness Review Absent Statutory Authority

Date: Nov 16, 2025
Settlement Language Can “Award” Fees and Contractual Fee Obligations Qualify as “Other Disposition Required by Law”: The South Carolina Supreme Court Clarifies § 1‑7‑150(B) and Forecloses Judicial...
When “Rent Payments Due” Means What? Interpreting Termination Remedies, Parol Evidence, and Liquidated-Damages Scrutiny in a Public‑Private Parking Contract

When “Rent Payments Due” Means What? Interpreting Termination Remedies, Parol Evidence, and Liquidated-Damages Scrutiny in a Public‑Private Parking Contract

Date: Nov 16, 2025
When “Rent Payments Due” Means What? Interpreting Termination Remedies, Parol Evidence, and Liquidated-Damages Scrutiny in a Public‑Private Parking Contract Case: Shem Creek Development Group, LLC v....
NYCHRL Disparate Impact after Allen v. City of New York: “Significant Business Objective” Defense Prevails Absent Substantial Evidence of Less Discriminatory Alternatives

NYCHRL Disparate Impact after Allen v. City of New York: “Significant Business Objective” Defense Prevails Absent Substantial Evidence of Less Discriminatory Alternatives

Date: Nov 16, 2025
NYCHRL Disparate Impact after Allen v. City of New York: “Significant Business Objective” Defense Prevails Absent Substantial Evidence of Less Discriminatory Alternatives Court: U.S. Court of Appeals...
Strict Enforcement of Rule 72(b) Waiver and the No-Reliance/No-Duty Triad: Second Circuit Affirms Dismissal of Landlords’ Claims Against Airbnb

Strict Enforcement of Rule 72(b) Waiver and the No-Reliance/No-Duty Triad: Second Circuit Affirms Dismissal of Landlords’ Claims Against Airbnb

Date: Nov 16, 2025
Strict Enforcement of Rule 72(b) Waiver and the No-Reliance/No-Duty Triad: Second Circuit Affirms Dismissal of Landlords’ Claims Against Airbnb Case: Baldeo v. Airbnb, No. 24-1238-cv (2d Cir. Nov....
No “Timing” Exception to PLRA Exhaustion for Religious Observances: Second Circuit Reaffirms Strict Exhaustion and Deference to Credibility Findings

No “Timing” Exception to PLRA Exhaustion for Religious Observances: Second Circuit Reaffirms Strict Exhaustion and Deference to Credibility Findings

Date: Nov 16, 2025
No “Timing” Exception to PLRA Exhaustion for Religious Observances: Second Circuit Reaffirms Strict Exhaustion and Deference to Credibility Findings Case: Josey v. Bell, No. 24-1747-pr (2d Cir. Nov....
Cole v. Foxmar, Inc.: Proportionality Is Not a Permissible Basis to Reduce Attorney’s Fees Under Vermont’s One‑Sided Fee‑Shifting Statutes

Cole v. Foxmar, Inc.: Proportionality Is Not a Permissible Basis to Reduce Attorney’s Fees Under Vermont’s One‑Sided Fee‑Shifting Statutes

Date: Nov 16, 2025
Cole v. Foxmar, Inc.: Proportionality Is Not a Permissible Basis to Reduce Attorney’s Fees Under Vermont’s One‑Sided Fee‑Shifting Statutes Court: U.S. Court of Appeals for the Second Circuit Date:...
No Standing to Challenge Search of a Companion Vehicle; Unbriefed Good-Faith Reliance Waives Probable-Cause Attacks; Upward Variance Above a Statutory-Minimum Guideline Term Upheld — United States v. Michael Joe Green, II (11th Cir. 2025)

No Standing to Challenge Search of a Companion Vehicle; Unbriefed Good-Faith Reliance Waives Probable-Cause Attacks; Upward Variance Above a Statutory-Minimum Guideline Term Upheld — United States v. Michael Joe Green, II (11th Cir. 2025)

Date: Nov 16, 2025
No Standing to Challenge Search of a Companion Vehicle; Unbriefed Good-Faith Reliance Waives Probable-Cause Attacks; Upward Variance Above a Statutory-Minimum Guideline Term Upheld United States v....
Exploiting a Power Imbalance: Eleventh Circuit Affirms Hobbs Act Convictions Without Explicit Threat or Proven Actual Power (United States v. Sharon Barnes Sutton)

Exploiting a Power Imbalance: Eleventh Circuit Affirms Hobbs Act Convictions Without Explicit Threat or Proven Actual Power (United States v. Sharon Barnes Sutton)

Date: Nov 16, 2025
Exploiting a Power Imbalance: Eleventh Circuit Affirms Hobbs Act Convictions Without Explicit Threat or Proven Actual Power Introduction In United States v. Sharon Barnes Sutton, No. 23-10669 (11th...
TSOs Are “Investigative or Law Enforcement Officers” Under the FTCA’s Law-Enforcement Proviso: Eleventh Circuit Aligns with National Consensus

TSOs Are “Investigative or Law Enforcement Officers” Under the FTCA’s Law-Enforcement Proviso: Eleventh Circuit Aligns with National Consensus

Date: Nov 15, 2025
TSOs Are “Investigative or Law Enforcement Officers” Under the FTCA’s Law-Enforcement Proviso: Eleventh Circuit Aligns with National Consensus Introduction This published decision from the U.S. Court...
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