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reaffirmation-of-strict-liability-in-manufacturers&amp Case Commentaries

Sixth Circuit Clarifies Title VII Pleading: Time‑Barred Incidents Can Bolster Plausibility and Plaintiffs Need Not Name Comparators; Medical Leave Does Not Break Retaliation Causation

Sixth Circuit Clarifies Title VII Pleading: Time‑Barred Incidents Can Bolster Plausibility and Plaintiffs Need Not Name Comparators; Medical Leave Does Not Break Retaliation Causation

Date: Sep 26, 2025
Sixth Circuit Clarifies Title VII Pleading: Time‑Barred Incidents Can Bolster Plausibility and Plaintiffs Need Not Name Comparators; Medical Leave Does Not Break Retaliation Causation Case: Ashraf...
Failure to Argue Plain Error Waives New Appellate Issues—Even for Pro Se Prisoners: A Tenth Circuit Reaffirmation in Rhodes v. Wyoming Department of Corrections

Failure to Argue Plain Error Waives New Appellate Issues—Even for Pro Se Prisoners: A Tenth Circuit Reaffirmation in Rhodes v. Wyoming Department of Corrections

Date: Sep 26, 2025
Failure to Argue Plain Error Waives New Appellate Issues—Even for Pro Se Prisoners: A Tenth Circuit Reaffirmation in Rhodes v. Wyoming Department of Corrections Introduction This commentary analyzes...
Control and Knowledge as Gatekeepers: Eleventh Circuit Clarifies That Staffing Firms Have No Standalone Duty to Investigate Client Motives Under Title VII

Control and Knowledge as Gatekeepers: Eleventh Circuit Clarifies That Staffing Firms Have No Standalone Duty to Investigate Client Motives Under Title VII

Date: Sep 26, 2025
Control and Knowledge as Gatekeepers: Eleventh Circuit Clarifies That Staffing Firms Have No Standalone Duty to Investigate Client Motives Under Title VII Introduction In Emily Vincent v. ATI...
Preserving Johnson-Based AEDPA Timeliness Arguments: Seventh Circuit Affirms Forfeiture and Emphasizes Deference on Sentencing-Reliance Claims

Preserving Johnson-Based AEDPA Timeliness Arguments: Seventh Circuit Affirms Forfeiture and Emphasizes Deference on Sentencing-Reliance Claims

Date: Sep 26, 2025
Preserving Johnson-Based AEDPA Timeliness Arguments: Seventh Circuit Affirms Forfeiture and Emphasizes Deference on Sentencing-Reliance Claims Case: Devin Seats v. Mindi Nurse (Warden) — United...
No Rule 408 Shield for Pre-Litigation Status Emails; Missing-Witness Instruction Narrowed for Foreign, Non-Employee Witnesses — NHC LLC v. Centaur Construction Co.

No Rule 408 Shield for Pre-Litigation Status Emails; Missing-Witness Instruction Narrowed for Foreign, Non-Employee Witnesses — NHC LLC v. Centaur Construction Co.

Date: Sep 26, 2025
No Rule 408 Shield for Pre-Litigation Status Emails; Missing-Witness Instruction Narrowed for Foreign, Non-Employee Witnesses Case: NHC LLC v. Centaur Construction Company Inc., et al. Court: United...
No-Reasonable-Attorney Foreshadowing Standard: Seventh Circuit narrows Strickland deficiency for missed categorical-approach arguments in Elion v. United States

No-Reasonable-Attorney Foreshadowing Standard: Seventh Circuit narrows Strickland deficiency for missed categorical-approach arguments in Elion v. United States

Date: Sep 26, 2025
No-Reasonable-Attorney Foreshadowing Standard: Seventh Circuit narrows Strickland deficiency for missed categorical-approach arguments Introduction In Otis R. Elion v. United States, No. 24-3014 (7th...
Mandamus Is Not a Shortcut Around Nonfinal Custody Orders: State ex rel. Conomy v. Fuller (2025-Ohio-4411)

Mandamus Is Not a Shortcut Around Nonfinal Custody Orders: State ex rel. Conomy v. Fuller (2025-Ohio-4411)

Date: Sep 26, 2025
Mandamus Is Not a Shortcut Around Nonfinal Custody Orders: State ex rel. Conomy v. Fuller Introduction In State ex rel. Conomy v. Fuller, 2025-Ohio-4411, the Supreme Court of Ohio reaffirmed core...
In Reopened Appeals, Appellants Must Brief Deficiency and Prejudice: No Presumption of Ineffective Assistance Under App.R. 26(B)

In Reopened Appeals, Appellants Must Brief Deficiency and Prejudice: No Presumption of Ineffective Assistance Under App.R. 26(B)

Date: Sep 26, 2025
In Reopened Appeals, Appellants Must Brief Deficiency and Prejudice: No Presumption of Ineffective Assistance Under App.R. 26(B) Introduction In State v. Clark, Slip Opinion No. 2025-Ohio-4410, the...
Constructive Discharge in Alaska Whistleblower Cases Is an Objective, Position-Specific Inquiry (Nonprecedential Clarification)

Constructive Discharge in Alaska Whistleblower Cases Is an Objective, Position-Specific Inquiry (Nonprecedential Clarification)

Date: Sep 26, 2025
Constructive Discharge in Alaska Whistleblower Cases Is an Objective, Position-Specific Inquiry (Nonprecedential Clarification) Court: Supreme Court of the State of Alaska (Memorandum Opinion and...
Recent Compliance Is Not Enough: Alaska Supreme Court Affirms Termination Where Change Is Unproven Outside Structured Settings; “Reasonable Efforts” Do Not Require Early Neuropsychological Referral Absent Indicators

Recent Compliance Is Not Enough: Alaska Supreme Court Affirms Termination Where Change Is Unproven Outside Structured Settings; “Reasonable Efforts” Do Not Require Early Neuropsychological Referral Absent Indicators

Date: Sep 26, 2025
Recent Compliance Is Not Enough: Alaska Supreme Court Affirms Termination Where Change Is Unproven Outside Structured Settings; “Reasonable Efforts” Do Not Require Early Neuropsychological Referral...
A single address can satisfy Fourth Amendment particularity for unmarked, attached efficiency apartments when officers reasonably could not know the property is subdivided

A single address can satisfy Fourth Amendment particularity for unmarked, attached efficiency apartments when officers reasonably could not know the property is subdivided

Date: Sep 26, 2025
A single address can satisfy Fourth Amendment particularity for unmarked, attached efficiency apartments when officers reasonably could not know the property is subdivided Introduction In United...
Post-Wilkinson Review in Cancellation Cases: Sixth Circuit Reaffirms No Jurisdiction Over Factual Hardship Findings and Confirms That Number of Qualifying Relatives Is a Proper Totality Factor

Post-Wilkinson Review in Cancellation Cases: Sixth Circuit Reaffirms No Jurisdiction Over Factual Hardship Findings and Confirms That Number of Qualifying Relatives Is a Proper Totality Factor

Date: Sep 26, 2025
Post-Wilkinson Review in Cancellation Cases: Sixth Circuit Reaffirms No Jurisdiction Over Factual Hardship Findings and Confirms That Number of Qualifying Relatives Is a Proper Totality Factor...
EEZ-as-“High Seas,” Congress’s MDLEA Statelessness Definition, and No-Nexus Requirement Reaffirmed; Minor-Role Denial for High-Quantity Courier — United States v. Vasquez (11th Cir. 2025)

EEZ-as-“High Seas,” Congress’s MDLEA Statelessness Definition, and No-Nexus Requirement Reaffirmed; Minor-Role Denial for High-Quantity Courier — United States v. Vasquez (11th Cir. 2025)

Date: Sep 26, 2025
EEZ-as-“High Seas,” Congress’s MDLEA Statelessness Definition, and No-Nexus Requirement Reaffirmed; Minor-Role Denial for High-Quantity Courier — United States v. Vasquez (11th Cir. 2025)...
No Thirteenth Amendment Claim for Routine Prison Labor; Due Process Requires “Atypical and Significant Hardship” — Eleventh Circuit Reaffirms Omasta and Applies Sandin in Greene v. Secretary, FDOC

No Thirteenth Amendment Claim for Routine Prison Labor; Due Process Requires “Atypical and Significant Hardship” — Eleventh Circuit Reaffirms Omasta and Applies Sandin in Greene v. Secretary, FDOC

Date: Sep 26, 2025
No Thirteenth Amendment Claim for Routine Prison Labor; Due Process Requires “Atypical and Significant Hardship” — Eleventh Circuit Reaffirms Omasta and Applies Sandin in Greene v. Secretary, FDOC...
Moslem (2d Cir. 2025): Harmless Ciminelli Instruction Error, Intended-Loss Sentencing, and Dubin’s “Who” Standard for Aggravated Identity Theft

Moslem (2d Cir. 2025): Harmless Ciminelli Instruction Error, Intended-Loss Sentencing, and Dubin’s “Who” Standard for Aggravated Identity Theft

Date: Sep 26, 2025
Moslem (2d Cir. 2025): Harmless Ciminelli Instruction Error, Intended-Loss Sentencing, and Dubin’s “Who” Standard for Aggravated Identity Theft Note on precedential status: The court labeled this a...
EEZ Counts as “High Seas,” and a Claim of Nationality Triggers Statelessness Under the MDLEA: The Eleventh Circuit’s Summary Affirmance in United States v. Rai Martinez

EEZ Counts as “High Seas,” and a Claim of Nationality Triggers Statelessness Under the MDLEA: The Eleventh Circuit’s Summary Affirmance in United States v. Rai Martinez

Date: Sep 26, 2025
EEZ Counts as “High Seas,” and a Claim of Nationality Triggers Statelessness Under the MDLEA: The Eleventh Circuit’s Summary Affirmance in United States v. Rai Martinez Introduction In a...
Eleventh Circuit reaffirms inherent authority to dismiss patently frivolous pro se Bivens claims and confirms abandonment of default arguments raised only in reply

Eleventh Circuit reaffirms inherent authority to dismiss patently frivolous pro se Bivens claims and confirms abandonment of default arguments raised only in reply

Date: Sep 26, 2025
Eleventh Circuit reaffirms inherent authority to dismiss patently frivolous pro se Bivens claims and confirms abandonment of default arguments raised only in reply Introduction This commentary...
Municipal Inaction Toward DEI/Implicit-Bias Trainings Can Constitute a Monell Policy Creating a Hostile Work Environment: Commentary on Chislett v. N.Y.C. Department of Education (2d Cir. 2025)

Municipal Inaction Toward DEI/Implicit-Bias Trainings Can Constitute a Monell Policy Creating a Hostile Work Environment: Commentary on Chislett v. N.Y.C. Department of Education (2d Cir. 2025)

Date: Sep 26, 2025
Municipal Inaction Toward DEI/Implicit-Bias Trainings Can Constitute a Monell Policy Creating a Hostile Work Environment: Commentary on Chislett v. N.Y.C. Department of Education (2d Cir. 2025)...
Vaghari v. Bondi: Second Circuit Reaffirms the “Actual Receipt” Inquiry and Demands Evidence-Based Analysis for Rescinding In Absentia Orders

Vaghari v. Bondi: Second Circuit Reaffirms the “Actual Receipt” Inquiry and Demands Evidence-Based Analysis for Rescinding In Absentia Orders

Date: Sep 26, 2025
Vaghari v. Bondi: Second Circuit Reaffirms the “Actual Receipt” Inquiry and Demands Evidence-Based Analysis for Rescinding In Absentia Orders Introduction In Vaghari v. Bondi (No. 23-6727, Sept. 25,...
Aesthetic-Harm Standing for Cultural Monuments, but No Due Process Right to City-Owned Statues: Italian-American Defense League v. City of New Haven (2d Cir. 2025)

Aesthetic-Harm Standing for Cultural Monuments, but No Due Process Right to City-Owned Statues: Italian-American Defense League v. City of New Haven (2d Cir. 2025)

Date: Sep 26, 2025
Aesthetic-Harm Standing for Cultural Monuments, but No Due Process Right to City-Owned Statues Italian-American Defense League v. City of New Haven, No. 24-2877 (2d Cir. Sept. 25, 2025) (summary...
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