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Portal Delivery Triggers Limitations Period; No Equitable Tolling for Portal Access Delays in Title VII Claims Introduction The case of Melissa A. Berry Smith v. Texas Children's Hospital, Inc....
Actual Loss Over Intended Loss and Victim Definition in USSG §2B1.1 Introduction United States v. Patrick Barkers-Woode and United States v. Nana Mensah, decided May 7, 2025 by the Third Circuit,...
Requiring Actual Loss for Sentencing Enhancements under U.S.S.G. §2B1.1 Introduction The consolidated appeals in United States v. Patrick Barkers-Woode and United States v. Nana Mensah arose from a...
Affirming Upward Variance for Straw Firearm Purchases to Deter Gang-Related Gun Violence Introduction In United States v. Jordan Harmon, No. 24-1797 (3d Cir. May 7, 2025), the Third Circuit addressed...
Consent-Based Magistrate Judge Jurisdiction in Bankruptcy Appeals: §636(c) Empowerment 1. Introduction This case, In re: MTE Holdings LLC, arose from a dispute over oil-and-gas royalties between...
Defining “Toxic Gases” in VSSR Claims Under Former Ohio Adm.Code 4123:1-5-01(B)(4) Introduction This commentary analyzes the Ohio Supreme Court’s decision in State ex rel. Culver v. Industrial...
Prospective-Only Licensing under RPAPL § 881 and Judicial Power to Revive Expired Access Terms Commentary on Franklin Carroll, LLC v. Carroll Development Plaza, LLC (2025) Introduction The Appellate...
Conte v. Tri-State Tech.: Affidavits Are Not “Documentary Evidence” Under CPLR 3211(a)(1) and Pleading Standards for Wage-and-Hour Claims Clarified 1. Introduction Conte v. Tri-State Technologies,...
Extending the “Gravity-Related Hazard” Doctrine to Work on Permanent Staircases: Commentary on Cagua v. Bushwick Holdings, LLC (App. Div. 2d Dep’t 2025) Introduction Cagua v. Bushwick Holdings, LLC...
Eleventh Circuit Clarifies Futility & Target-Specific Exceptions to the Takings Finality Doctrine – Commentary on Corey v. Rockdale County Introduction In William E. Corey v. Rockdale County,...
Langton v. Sussman & Watkins: The Clarified Threshold for Pleading Attorney Deceit under Judiciary Law § 487 and the Appellate Division’s Re-affirmation of its Anti-Vexatious-Litigation Power...
“Constructive-Knowledge” under Giglio, Double Deference under AEDPA, and Harmless-Error after Brecht A Comprehensive Commentary on Whitton v. Secretary, Florida Department of Corrections (11th Cir....
Garcia Martinez v. Bondi: Second Circuit Clarifies Social-Distinction and Nexus Requirements in Gang-Related Asylum Claims Introduction Court: United States Court of Appeals for the Second Circuit...
Failure to Acknowledge Sexual Abuse as Grounds for Termination of Parental Rights Introduction In the matter of In re M.M., H.M., S.M., K.M., and G.M., the Supreme Court of Appeals of West Virginia...
In re L.B.-1 and K.B.: Adjudication on Consistent Disclosures and Denial of Improvement Period for Non-Cooperation Introduction In the Supreme Court of Appeals of West Virginia decision In re L.B.-1...
Admissibility and Sufficiency of Circumstantial and Expert Evidence under Daubert: Arnold v. State Introduction The Supreme Court of Georgia’s decision in Arnold v. State, S25A0263 (May 6, 2025),...
Limitation on Waiver of Probation Revocation Hearings: Due Process Requirement under OCGA § 42-8-34.1(b) Introduction In Greathouse v. The State (Court of Appeals of Georgia, November 18, 2024), Jody...
Objective Reasonableness in Traffic Stops and Consent Searches: United States v. Terry Introduction United States v. John T. Terry (3d Cir. 2025) arises from a routine Pennsylvania Turnpike traffic...
Clarifying the Castle Doctrine Exception to the Duty to Retreat in Self-Defense 1. Introduction The Supreme Court of New Jersey’s decision in State v. John T. Bragg (May 6, 2025) addresses a pivotal...
Kinship Placement vs. Foster Care: Defining Intervention Rights Under West Virginia Law 1. Introduction In the Supreme Court of Appeals of West Virginia’s decision in In re J.W. (No. 24-147, May 6,...