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No Agency-Made Privileges: Pennsylvania Supreme Court Holds 37 Pa. Code § 61.2 Does Not Create an Evidentiary Privilege Introduction In Toland v. Pennsylvania Board of Probation and Parole (Pa....
Deed-in-Lieu with Deficiency Waiver Fixes the Year of COD Income; No “Later-Discovery” Exception to the Variance Doctrine — Commentary on Salta v. United States (2d Cir. 2025) Court: U.S. Court of...
No Reversible Error from Unexplained “Associate Search” Reference: Second Circuit Affirms Under Harmless and Plain Error Frameworks in United States v. Morrison (Summary Order) Introduction This...
“Life Minus Months Still Equals Life”: Second Circuit Reaffirms § 3583(h) Supervised-Release Calculus for § 2252A Revocations and Enforces Oral-Pronouncement Rule Note on precedential status: This...
No FTCA Waiver When Vermont Workers’ Compensation Covers Multi‑Employer Injuries: Coverage by Any Employer Preserves Exclusive-Remedy Immunity for Federal “Statutory Employers” Case: Williams v....
Clark v. Valletta: No Clearly Established Right to Specific Gender-Dysphoria Treatments; Objective Reasonableness Remains Distinct in Eighth Amendment Qualified Immunity Introduction In Clark v....
Fair Use Shields Satirical Broadcasts of Commissioned Cameo Videos; No Bad-Faith Bar, and Platform Terms Not Enforceable by Creators Absent Express Third-Party-Beneficiary Status Case: Santos v....
Pleading Across Proceedings: Second Circuit Endorses Use of Other-Case Allegations (Rule 11–Limited) and Narrows “Storm Warnings” for Securities Act Timeliness — Commentary on Sherman v. Abengoa,...
Bad‑Faith, Post‑Auction Chapter 13 Filings Can Justify Retroactive Annulment of the Automatic Stay: Eleventh Circuit’s Clarification in Smith v. Shoma Homes Case: Marisa Smith v. Shoma Homes at...
Guilty Plea Is Not Enough: Eleventh Circuit Affirms Denial of §3E1.1 Acceptance Reduction Where Post‑Plea Conduct Undermines Responsibility Introduction In United States v. Alexander Leszczynski...
Rule 11 Colloquy Cures Counsel’s Sentencing Misadvice: Eleventh Circuit Affirms Denial of Plea Withdrawal in United States v. Walden Introduction In United States v. Walden (11th Cir. Oct. 6, 2025)...
Dealer Noncompliance Is Irrelevant to § 922(a)(6); Serial-Number Enhancement Requires No Knowledge: United States v. Woozencroft (11th Cir. 2025) Court: U.S. Court of Appeals for the Eleventh Circuit...
Broad “In Connection With” Nexus and Fraud-Related Character of § 843(a)(3) Drug Diversion Trigger Mandatory Exclusion Under 42 U.S.C. § 1320a‑7(a)(3) Court: United States Court of Appeals for the...
TCPA’s “Any Person” Robocall Ban Does Not Reach State Legislators Performing Legitimate Official Functions Commentary on Andrew R. Perrong v. Matthew Bradford, No. 24-1925 (3d Cir. Oct. 6, 2025)...
No Review Means No Review: Third Circuit Holds IRA § 1320f-7(2) Bars Challenges to CMS’s Product-Grouping and Other Steps in Drug Selection, and Upholds Guidance-Only Implementation Through 2028...
Default as Accrual: Fifth Circuit Reaffirms That a Borrower’s Default Starts the Clock on Texas Fraud Claims; Tolling and Conspiracy Claims Can Be Dismissed on the Pleadings Introduction In McGrath...
Honest-Belief, Not Exhaustive Investigation: Sixth Circuit Clarifies Pretext Analysis and Comparator Severity in ADA/PWDCRA and Michigan WDCA Retaliation Cases Case: Daniel Welch v. Heart Truss &...
Safety-Based Union Discretion: Sixth Circuit Affirms No DFR Breach When Union Declines to Grieve Termination Based on Credible Workplace-Safety Concerns Case: Thomas Schramm v. Neenah Paper Michigan,...
Sixth Circuit Confirms District Courts May Deny Amendment 821 Reductions and Maintain Above-Amended-Guidelines Sentences with an Adequate § 3553(a) Explanation Introduction United States v. Luster is...
No-Hindsight Review and the Alignment of Rule 23(a) and Rule 23(e): The Sixth Circuit Affirms a Global Settlement of Michigan “Home-Equity Theft” Claims Introduction This appeal arises from a...