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reaffirmation-of-& Case Commentaries

Bad Faith Requires More Than Negligence: Eleventh Circuit Clarifies Rule 56’s Demands, Coverage-Investigation Leeway, and Global-Settlement Strategy in Florida Third-Party Claims

Bad Faith Requires More Than Negligence: Eleventh Circuit Clarifies Rule 56’s Demands, Coverage-Investigation Leeway, and Global-Settlement Strategy in Florida Third-Party Claims

Date: Sep 25, 2025
Bad Faith Requires More Than Negligence: Eleventh Circuit Clarifies Rule 56’s Demands, Coverage-Investigation Leeway, and Global-Settlement Strategy in Florida Third-Party Claims Introduction In a...
Eleventh Circuit Carves a Redressability Window for Closed Adult Businesses and Reaffirms Secondary-Effects Analysis Post‑Reed

Eleventh Circuit Carves a Redressability Window for Closed Adult Businesses and Reaffirms Secondary-Effects Analysis Post‑Reed

Date: Sep 25, 2025
Eleventh Circuit Carves a Redressability Window for Closed Adult Businesses and Reaffirms Secondary-Effects Analysis Post‑Reed Introduction In WBY, Inc. v. City of Chamblee, Georgia, the United...
Third Circuit: Rule 11 Reaches Attached “Dispute Letters” and Removed Complaints; Inherent-Power Sanctions Extend to Prelitigation Schemes to Manufacture FDCPA Claims

Third Circuit: Rule 11 Reaches Attached “Dispute Letters” and Removed Complaints; Inherent-Power Sanctions Extend to Prelitigation Schemes to Manufacture FDCPA Claims

Date: Sep 25, 2025
Third Circuit: Rule 11 Reaches Attached “Dispute Letters” and Removed Complaints; Inherent-Power Sanctions Extend to Prelitigation Schemes to Manufacture FDCPA Claims Introduction In a precedential...
No State-Created Danger Without Direct But-For Causation: Third Circuit Affirms Summary Judgment and Tightens Rule 56(d) Discovery in Estate of Lagano v. BCPO

No State-Created Danger Without Direct But-For Causation: Third Circuit Affirms Summary Judgment and Tightens Rule 56(d) Discovery in Estate of Lagano v. BCPO

Date: Sep 25, 2025
No State-Created Danger Without Direct But-For Causation: Third Circuit Affirms Summary Judgment and Tightens Rule 56(d) Discovery in Estate of Lagano v. BCPO Court: U.S. Court of Appeals for the...
Reaffirming Divisibility by Drug Identity: The Third Circuit Holds Pennsylvania PWID Remains a Controlled-Substance “Element” Offense for INA Removability

Reaffirming Divisibility by Drug Identity: The Third Circuit Holds Pennsylvania PWID Remains a Controlled-Substance “Element” Offense for INA Removability

Date: Sep 25, 2025
Reaffirming Divisibility by Drug Identity: The Third Circuit Holds Pennsylvania PWID Remains a Controlled-Substance “Element” Offense for INA Removability Introduction In Jose Miguel German Santos v....
Liberal Construction of Notices of Appeal and Qualified Immunity for Executing Facially Valid Warrants: Commentary on Pinkney v. Meadville

Liberal Construction of Notices of Appeal and Qualified Immunity for Executing Facially Valid Warrants: Commentary on Pinkney v. Meadville

Date: Sep 25, 2025
Liberal Construction of Notices of Appeal and Qualified Immunity for Executing Facially Valid Warrants: Commentary on Pinkney v. Meadville Note: This Third Circuit disposition is designated not...
Rule 11 Reaches Attached Pre‑Suit Letters and Post‑Removal Advocacy; Inherent Power Sanctions Pre‑Suit Deception: Sofaly v. Portfolio Recovery Associates

Rule 11 Reaches Attached Pre‑Suit Letters and Post‑Removal Advocacy; Inherent Power Sanctions Pre‑Suit Deception: Sofaly v. Portfolio Recovery Associates

Date: Sep 25, 2025
Rule 11 Reaches Attached Pre‑Suit Letters and Post‑Removal Advocacy; Inherent Power Sanctions Pre‑Suit Deception: Sofaly v. Portfolio Recovery Associates Introduction In Robert Sofaly v. Portfolio...
No Safe Harbor in Delay: Fifth Circuit Confirms EPA May Disapprove Overdue Good Neighbor SIPs Using Updated Modeling and Requires Independent “Maintenance” Analysis Beyond Formal Nonattainment Designations

No Safe Harbor in Delay: Fifth Circuit Confirms EPA May Disapprove Overdue Good Neighbor SIPs Using Updated Modeling and Requires Independent “Maintenance” Analysis Beyond Formal Nonattainment Designations

Date: Sep 25, 2025
No Safe Harbor in Delay: Fifth Circuit Confirms EPA May Disapprove Overdue Good Neighbor SIPs Using Updated Modeling and Requires Independent “Maintenance” Analysis Beyond Formal Nonattainment...
No Interlocutory Appeals Under Rule 103.03(b) for Trust Code Orders Restoring Property or Removing a Trustee

No Interlocutory Appeals Under Rule 103.03(b) for Trust Code Orders Restoring Property or Removing a Trustee

Date: Sep 25, 2025
No Interlocutory Appeals Under Rule 103.03(b) for Trust Code Orders Restoring Property or Removing a Trustee Introduction In this precedential decision, the Minnesota Supreme Court clarifies a...
“Received” Means Where Any Recipient Takes Possession: Minnesota Supreme Court Clarifies Service-Receipt Sourcing Is Not Limited to Direct Customers

“Received” Means Where Any Recipient Takes Possession: Minnesota Supreme Court Clarifies Service-Receipt Sourcing Is Not Limited to Direct Customers

Date: Sep 25, 2025
“Received” Means Where Any Recipient Takes Possession: Minnesota Supreme Court Clarifies Service-Receipt Sourcing Is Not Limited to Direct Customers Introduction In Humana MarketPoint, Inc., Relator...
Florida Supreme Court Clarifies That Eligibility Under the Dozier/Okeechobee Victim-Compensation Program Is Not “Newly Discovered Evidence” and Tightens Limits on Post‑Warrant Records and Due Process Challenges

Florida Supreme Court Clarifies That Eligibility Under the Dozier/Okeechobee Victim-Compensation Program Is Not “Newly Discovered Evidence” and Tightens Limits on Post‑Warrant Records and Due Process Challenges

Date: Sep 25, 2025
Florida Supreme Court Clarifies That Eligibility Under the Dozier/Okeechobee Victim-Compensation Program Is Not “Newly Discovered Evidence” and Tightens Limits on Post‑Warrant Records and Due Process...
Jones and the Clear-and-Convincing Public-Interest Test: No Automatic Expungement After Acquittal in South Dakota

Jones and the Clear-and-Convincing Public-Interest Test: No Automatic Expungement After Acquittal in South Dakota

Date: Sep 25, 2025
Jones and the Clear-and-Convincing Public-Interest Test: No Automatic Expungement After Acquittal in South Dakota Introduction In Record Expungement of Jones, 2025 S.D. 54, the Supreme Court of South...
No Appropriation Without Exclusive Control: Shoreline-Connected Canals Do Not Require Water Appropriation Permits under South Dakota Law

No Appropriation Without Exclusive Control: Shoreline-Connected Canals Do Not Require Water Appropriation Permits under South Dakota Law

Date: Sep 25, 2025
No Appropriation Without Exclusive Control: Shoreline-Connected Canals Do Not Require Water Appropriation Permits under South Dakota Law Case: McCook Lake Recreation Area v. Dakota Bay, LLC, 2025...
Waiver-by-Acceptance Applies Equally to Publicly Subsidized and Private Tenancies; “Acceptance” Is a Fact Question Assessed by the Totality of Circumstances

Waiver-by-Acceptance Applies Equally to Publicly Subsidized and Private Tenancies; “Acceptance” Is a Fact Question Assessed by the Totality of Circumstances

Date: Sep 25, 2025
Waiver-by-Acceptance Applies Equally to Publicly Subsidized and Private Tenancies; “Acceptance” Is a Fact Question Assessed by the Totality of Circumstances Introduction In Hook & Ladder Apartments,...
Two-Track Specificity for Restitution Challenges: Minnesota Supreme Court Requires Offenders to Specify “Item” versus “Amount” under Minn. Stat. § 611A.045, subd. 3(a) — State v. Seeman (2025)

Two-Track Specificity for Restitution Challenges: Minnesota Supreme Court Requires Offenders to Specify “Item” versus “Amount” under Minn. Stat. § 611A.045, subd. 3(a) — State v. Seeman (2025)

Date: Sep 25, 2025
Two-Track Specificity for Restitution Challenges: Minnesota Supreme Court Requires Offenders to Specify “Item” versus “Amount” under Minn. Stat. § 611A.045, subd. 3(a) Introduction In State of...
Aguilar-Morales v. Bondi: Second Circuit Reaffirms Waivability of NTA Time-and-Place Defects and Demands a Non-Incidental Nexus for Family and Imputed-Political-Opinion Claims

Aguilar-Morales v. Bondi: Second Circuit Reaffirms Waivability of NTA Time-and-Place Defects and Demands a Non-Incidental Nexus for Family and Imputed-Political-Opinion Claims

Date: Sep 24, 2025
Aguilar-Morales v. Bondi: Second Circuit Reaffirms Waivability of NTA Time-and-Place Defects and Demands a Non-Incidental Nexus for Family and Imputed-Political-Opinion Claims Court: U.S. Court of...
No Victim-Identity Limit for FDCA § 333(a)(2); FDCA § 334 Is Not a Civil Forfeiture Statute — United States v. Fishman, Giannelli (2d Cir. 2025)

No Victim-Identity Limit for FDCA § 333(a)(2); FDCA § 334 Is Not a Civil Forfeiture Statute — United States v. Fishman, Giannelli (2d Cir. 2025)

Date: Sep 24, 2025
No Victim-Identity Limit for FDCA § 333(a)(2); FDCA § 334 Is Not a Civil Forfeiture Statute United States v. Fishman, Giannelli, Nos. 22-1600-cr (L), 22-2063-cr (C), 23-6819-cv (C) — U.S. Court of...
Misdescribed Bills of Lading Do Not Prevent Risk-of-Loss Transfer Under Shipment Contracts When the Buyer Hires the Carrier

Misdescribed Bills of Lading Do Not Prevent Risk-of-Loss Transfer Under Shipment Contracts When the Buyer Hires the Carrier

Date: Sep 24, 2025
Misdescribed Bills of Lading Do Not Prevent Risk-of-Loss Transfer Under Shipment Contracts When the Buyer Hires the Carrier Introduction In Certain Underwriters at Lloyd’s London v. Scents...
No Retroactivity Where Offense Period Includes Post-Scheduling Conduct; Eleventh Circuit Reaffirms Time-of-Conviction Comparison for § 1182(a)(2)(A)(i)(II)

No Retroactivity Where Offense Period Includes Post-Scheduling Conduct; Eleventh Circuit Reaffirms Time-of-Conviction Comparison for § 1182(a)(2)(A)(i)(II)

Date: Sep 24, 2025
No Retroactivity Where Offense Period Includes Post-Scheduling Conduct; Eleventh Circuit Reaffirms Time-of-Conviction Comparison for § 1182(a)(2)(A)(i)(II) Case: Md Zaberul Hasan v. U.S. Attorney...
Esteras Plain-Error Barrier and PSI Admissions at Revocation: The Eleventh Circuit’s Framework in United States v. Higgs

Esteras Plain-Error Barrier and PSI Admissions at Revocation: The Eleventh Circuit’s Framework in United States v. Higgs

Date: Sep 24, 2025
Esteras Plain-Error Barrier and PSI Admissions at Revocation: The Eleventh Circuit’s Framework in United States v. Higgs Introduction In United States v. Zeno Higgs (11th Cir. No. 25-10996, Sept. 22,...
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