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“Intent-over-Incapacity”: The Eleventh Circuit Affirms that Mental Illness Alone Does Not Defeat Judicial Estoppel Introduction Mehrnoosh Payrow v. Chad Chronister addresses a civil rights action...
Eleventh Circuit Draws a Clear Line Between Contractual and Statutory-Tort Claims in Choice-of-Law Analysis: NetRoadshow, Inc. v. Carrandi (11th Cir. 2025) 1. Introduction NetRoadshow, Inc. v. Lisa...
“Plausibility over Formalism” – Burgess v. Palm Tran and the Eleventh Circuit’s Blueprint for Pro Se Employment-Discrimination Pleadings 1. Introduction Thomas Burgess, an African-American applicant...
Eleventh Circuit Re-Affirms District Courts’ Discretion to Deny Compassionate Release Solely on § 3553(a) Grounds Despite Post-Sentence Legal Changes Introduction On 25 August 2025 the United States...
Malick v. Croswell-Lexington: Sixth Circuit Clarifies the “Deliberate Indifference” Standard for Title VI Student-on-Student Harassment Introduction In April Malick v. Croswell-Lexington District...
Discretion, Not Exclusion: Sixth Circuit Clarifies Rule 32(a) Admissibility and the Retroactive Reach of Amended Rule 801(d)(2) 1. Introduction Insight Terminal Solutions v. Cecelia Financial...
The Howell Rule: Qualified Immunity Shields Warrantless Entry When Officers Smell Marijuana After Announcing Their Presence Introduction In Matthew Howell v. Justin McCormick, No. 24-5570 (6th Cir....
Equitable Tolling Opens the Tax Court Door: Sixth Circuit Declares § 6213(a) Deadline Non-Jurisdictional Introduction In Naysha Y. Oquendo v. Commissioner of Internal Revenue, the United States Court...
Spousal Authority Over Impounded Marital Vehicles & Benchmark-Free Upward Variances: A Commentary on United States v. Candelaria (10th Cir. 2025) Introduction The United States Court of Appeals for...
First Circuit Narrows Duty-to-Defend for Additional Insureds: “Sole-Liability” & Strict-Notice Requirement Under Claims-Made Policies Introduction In BI 40 LLC v. Ironshore Specialty Insurance Co.,...
“Solely-as-a-Result” Means Exactly That: First Circuit Narrows Additional-Insured Coverage and Reaffirms Strict Notice Duties in Claims-Made Policies Introduction In BI 40 LLC v. Ironshore Specialty...
Clarifying “Material Additions” Under the False Claims Act’s Public-Disclosure Bar Commentary on United States ex rel. Robert V. Smith v. Jay Odom & Okaloosa County Board of County Commissioners,...
No Ineffective-Assistance Exception: Supreme Court of Connecticut Bars Late Opening of Habeas Judgments under § 52-212a 1. Introduction In Clue v. Commissioner of Correction, 348 Conn. ___ (2025),...
PeakCM v. ATAS: Vermont Supreme Court Narrows the “Special-Relationship” Exception and Re-Affirms a Strict Economic-Loss Rule in Construction-Product Litigation Introduction PeakCM, LLC v....
Cutter v. Vojnovic: Derivative Standing Denied for General Partners and Modern Clarification of Partnership Formation in North Carolina 1. Introduction In Cutter v. Vojnovic, the Supreme Court of...
“Present Candor over Past Reform” The North Carolina Supreme Court Redefines the Temporal Focus of the “Good Moral Character” Inquiry for Justice-Officer Certification 1. Introduction In Devalle v....
Durbin v. Durbin: Escalating Parental Conflict as a “Substantial Change in Circumstances” Justifying Custody Modification 1. Introduction Durbin v. Durbin, decided by the Supreme Court of North...
Howell v. Cooper: The North Carolina Supreme Court Broadens Direct State-Constitutional Remedies for Economic Restrictions in Public Emergencies Introduction In Howell v. Cooper (22 Aug 2025) the...
“Unexplained Severe Abuse = Predictive Neglect” & “No Sua Sponte Review”: A Comprehensive Commentary on In re E.H. & R.H., Supreme Court of North Carolina (2025) 1. Introduction The Supreme Court of...
No-Inducement Standard for North Carolina Referral-Sales Claims Jackson v. Home Depot U.S.A., Inc. (N.C. 2025) I. Introduction Jackson v. Home Depot U.S.A., Inc. is the North Carolina Supreme Court’s...