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reaffirming-tellabs:-sixth-circuit-establishes-correct-& Case Commentaries

“Interstate Domestic Violence Ends at Death” – A Fourth-Circuit Limitation on § 2261 and on the Use-of-Fire Enhancement

“Interstate Domestic Violence Ends at Death” – A Fourth-Circuit Limitation on § 2261 and on the Use-of-Fire Enhancement

Date: Aug 13, 2025
“Interstate Domestic Violence Ends at Death” – A Fourth-Circuit Limitation on 18 U.S.C. § 2261 and Confining the § 844(h)(1) Use-of-Fire Enhancement 1. Introduction In United States v. Lawrence...
The “Collective-Injury” Doctrine: A New Limitation on Smith Allocation in South Carolina Set-Off Law – Commentary on W.S. v. Cassandra Daniels, 4th Cir. (2025)

The “Collective-Injury” Doctrine: A New Limitation on Smith Allocation in South Carolina Set-Off Law – Commentary on W.S. v. Cassandra Daniels, 4th Cir. (2025)

Date: Aug 13, 2025
The “Collective-Injury” Doctrine: A New Limitation on Smith Allocation in South Carolina Set-Off Law Commentary on W.S. v. Cassandra Daniels, et al. United States Court of Appeals for the Fourth...
“Collective Injury” Supplants Smith Allocation: The Fourth Circuit’s Affirmance of a Full Set-Off in W.S. v. Cassandra Daniels

“Collective Injury” Supplants Smith Allocation: The Fourth Circuit’s Affirmance of a Full Set-Off in W.S. v. Cassandra Daniels

Date: Aug 13, 2025
“Collective Injury” Supplants Smith Allocation: The Fourth Circuit’s Affirmance of a Full Set-Off in W.S. v. Cassandra Daniels Introduction The Fourth Circuit’s unpublished opinion in W.S. v....
“Jurisdiction First, Mootness Later” – The Tenth Circuit BAP’s Clarification on Stay-Relief Orders Entered Before Case Dismissal

“Jurisdiction First, Mootness Later” – The Tenth Circuit BAP’s Clarification on Stay-Relief Orders Entered Before Case Dismissal

Date: Aug 13, 2025
“Jurisdiction First, Mootness Later” – The Tenth Circuit BAP’s Clarification on Stay-Relief Orders Entered Before Case Dismissal 1. Introduction The Bankruptcy Appellate Panel (BAP) for the Tenth...
Smith v. Fontes: Cementing the “Exactly-15 %” Initiative Signature Standard and Barring Double-Counting of Invalid Signatures

Smith v. Fontes: Cementing the “Exactly-15 %” Initiative Signature Standard and Barring Double-Counting of Invalid Signatures

Date: Aug 13, 2025
Smith v. Fontes: Cementing the “Exactly-15 %” Initiative Signature Standard and Barring Double-Counting of Invalid Signatures Introduction Smith v. Fontes, decided by the Arizona Supreme Court on 6...
Eleventh Circuit Clarifies ADEA Prima Facie Proof: Replacement by a Younger Employee Is Enough — Commentary on Gallimore v. City of Opa-Locka

Eleventh Circuit Clarifies ADEA Prima Facie Proof: Replacement by a Younger Employee Is Enough — Commentary on Gallimore v. City of Opa-Locka

Date: Aug 13, 2025
Eleventh Circuit Clarifies ADEA Prima Facie Proof: Replacement by a Younger Employee Is Enough In-Depth Commentary on Sharon Gallimore v. City of Opa-Locka, No. 23-12241 (11th Cir. Aug. 6, 2025) 1....
United States v. Petersen (11th Cir. 2025):  A Clearer Timeliness Standard for Successive Coram Nobis Petitions

United States v. Petersen (11th Cir. 2025): A Clearer Timeliness Standard for Successive Coram Nobis Petitions

Date: Aug 13, 2025
United States v. Petersen (11th Cir. 2025): A Clearer Timeliness Standard for Successive Coram Nobis Petitions Introduction In United States v. David Petersen, the Eleventh Circuit again confronted...
“When Futility Trumps the Right to Amend” – Eleventh Circuit Harmonises Rule 15(a)(1) with § 1915(e)(2) Screening in Willy Toussaint v. U.S. Attorney’s Office

“When Futility Trumps the Right to Amend” – Eleventh Circuit Harmonises Rule 15(a)(1) with § 1915(e)(2) Screening in Willy Toussaint v. U.S. Attorney’s Office

Date: Aug 13, 2025
“When Futility Trumps the Right to Amend” – Eleventh Circuit Harmonises Rule 15(a)(1) with § 1915(e)(2) Screening in Willy Toussaint v. U.S. Attorney’s Office 1. Introduction The unpublished decision...
Shift-Differential & Premium Pay as “Earnable Compensation” under the South Carolina Retirement System:  A Commentary on William M. Luce v. Lexington County Health Services District, Inc.

Shift-Differential & Premium Pay as “Earnable Compensation” under the South Carolina Retirement System: A Commentary on William M. Luce v. Lexington County Health Services District, Inc.

Date: Aug 13, 2025
Shift-Differential & Premium Pay Are “Earnable Compensation” under the South Carolina Retirement System Introduction In William M. Luce v. Lexington County Health Services District, Inc., the Supreme...
“Maturity Means Due”: The Wyoming Supreme Court’s Definitive Test for Shareholder Promissory Notes in Aristatek, Inc. v. Sheesley (2025 WY 89)

“Maturity Means Due”: The Wyoming Supreme Court’s Definitive Test for Shareholder Promissory Notes in Aristatek, Inc. v. Sheesley (2025 WY 89)

Date: Aug 13, 2025
“Maturity Means Due”: The Wyoming Supreme Court’s Definitive Test for Shareholder Promissory Notes Aristatek, Inc. v. Sheesley, 2025 WY 89 (Wyo. Aug. 6, 2025) 1. Introduction The consolidated appeal...
“Maturity-Date Rules Supreme”: Wyoming Clarifies that Fixed-Term Promissory Notes Are Payable at Expiration Without a Separate “On-Demand” Clause

“Maturity-Date Rules Supreme”: Wyoming Clarifies that Fixed-Term Promissory Notes Are Payable at Expiration Without a Separate “On-Demand” Clause

Date: Aug 13, 2025
“Maturity-Date Rules Supreme”: Wyoming Clarifies that Fixed-Term Promissory Notes Are Payable at Expiration Without a Separate “On-Demand” Clause Introduction The consolidated appeal of Jeffry v....
When Maturity Means Payable: Wyoming Supreme Court Clarifies the Status of Shareholder Promissory Notes and Rejects Re-Characterisation as Capital Contributions

When Maturity Means Payable: Wyoming Supreme Court Clarifies the Status of Shareholder Promissory Notes and Rejects Re-Characterisation as Capital Contributions

Date: Aug 13, 2025
When Maturity Means Payable: Wyoming Supreme Court Clarifies the Status of Shareholder Promissory Notes and Rejects Re-Characterisation as Capital Contributions 1. Introduction In Samuel Bruce King...
“Knowingly” Re-defined: Fitzwater v. State of Wyoming and the Duty to Disclose Household Members & Joint Assets in Welfare Applications

“Knowingly” Re-defined: Fitzwater v. State of Wyoming and the Duty to Disclose Household Members & Joint Assets in Welfare Applications

Date: Aug 13, 2025
“Knowingly” Re-defined: Fitzwater v. State of Wyoming and the Duty to Disclose Household Members & Joint Assets in Welfare Applications Introduction Sarah Renee Fitzwater appealed her 18 felony...
“No Lay Representation & No Straw-Man”:  Skurdal v. Walker and the Supreme Court of Montana’s Firm Reaffirmation of Judicial Immunity and Rejection of Sovereign-Citizen Arguments

“No Lay Representation & No Straw-Man”: Skurdal v. Walker and the Supreme Court of Montana’s Firm Reaffirmation of Judicial Immunity and Rejection of Sovereign-Citizen Arguments

Date: Aug 13, 2025
“No Lay Representation & No Straw-Man”: Skurdal v. Walker and the Supreme Court of Montana’s Firm Reaffirmation of Judicial Immunity and Rejection of Sovereign-Citizen Arguments 1. Introduction In R....
Second Circuit Clarifies the Reach of FDCA § 379r(a): Marketing and Pricing Claims for OTC Drugs Are Pre-empted When Success Would Impose Additional Label Requirements

Second Circuit Clarifies the Reach of FDCA § 379r(a): Marketing and Pricing Claims for OTC Drugs Are Pre-empted When Success Would Impose Additional Label Requirements

Date: Aug 13, 2025
Second Circuit Clarifies the Reach of FDCA § 379r(a): Marketing and Pricing Claims for OTC Drugs Are Pre-empted When Success Would Impose Additional Label Requirements 1. Introduction In Collaza v....
Second Circuit Flexes Rule 62.1: Appellate Remand Permitted After Sua Sponte Indicative Ruling

Second Circuit Flexes Rule 62.1: Appellate Remand Permitted After Sua Sponte Indicative Ruling

Date: Aug 13, 2025
Second Circuit Flexes Rule 62.1: Appellate Remand Permitted After Sua Sponte Indicative Ruling Introduction In Gustavia Home LLC v. Hoyer; Hoyer v. Bank of America, the United States Court of Appeals...
Mosaic Health v. Sanofi-Aventis: A New Blueprint for Pleading Antitrust Conspiracies and Confirming 340B Safety-Net Provider Standing

Mosaic Health v. Sanofi-Aventis: A New Blueprint for Pleading Antitrust Conspiracies and Confirming 340B Safety-Net Provider Standing

Date: Aug 13, 2025
Mosaic Health v. Sanofi-Aventis: A New Blueprint for Pleading Antitrust Conspiracies and Confirming 340B Safety-Net Provider Standing 1. Introduction In Mosaic Health, Inc. v. Sanofi-Aventis U.S.,...
Third Circuit Re-Affirms Stringent Comparator Standard for “Class-of-One” Equal Protection Claims During Municipal Code Enforcement

Third Circuit Re-Affirms Stringent Comparator Standard for “Class-of-One” Equal Protection Claims During Municipal Code Enforcement

Date: Aug 13, 2025
Third Circuit Re-Affirms Stringent Comparator Standard for “Class-of-One” Equal Protection Claims During Municipal Code Enforcement Charles Jaramillo et al. v. City of Coatesville et al., United...
Reaffirmation of “Crime of Violence” Status for Texas Aggravated Assault-By-Threat and the Limits of Equitable Tolling Based on Late Discovery of New Case Law – Commentary on Artiga Minera v. Bondi (5th Cir. 2025)

Reaffirmation of “Crime of Violence” Status for Texas Aggravated Assault-By-Threat and the Limits of Equitable Tolling Based on Late Discovery of New Case Law – Commentary on Artiga Minera v. Bondi (5th Cir. 2025)

Date: Aug 13, 2025
Reaffirmation of “Crime of Violence” Status for Texas Aggravated Assault-By-Threat and the Limits of Equitable Tolling Based on Late Discovery of New Case Law Introduction The United States Court of...
Fifth Circuit Clarifies ADA Discrimination Standard for Heat-Exposure Claims and Reaffirms Non-Waivable Sovereign Immunity — A Commentary on Baughman v. Bowman

Fifth Circuit Clarifies ADA Discrimination Standard for Heat-Exposure Claims and Reaffirms Non-Waivable Sovereign Immunity — A Commentary on Baughman v. Bowman

Date: Aug 13, 2025
Fifth Circuit Clarifies ADA Discrimination Standard for Heat-Exposure Claims and Reaffirms Non-Waivable Sovereign Immunity — A Commentary on Baughman v. Bowman 1. Introduction Baughman v. Bowman, No....
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