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  • Commentaries
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reinforcing-the-implied-covenant-of-good-faith-in-commercial-development-contracts:-anthony& Case Commentaries

United States v. Lewis – The Eleventh Circuit’s Post-Erlinger Template for Plain-Error Review of ACCA “Different Occasions” Findings

United States v. Lewis – The Eleventh Circuit’s Post-Erlinger Template for Plain-Error Review of ACCA “Different Occasions” Findings

Date: Aug 25, 2025
United States v. Lewis – The Eleventh Circuit’s Post-Erlinger Template for Plain-Error Review of ACCA “Different Occasions” Findings Introduction In United States v. Willie Lee Lewis, the Eleventh...
“Other Cause” Re-Defined: Third Circuit Sanctions Wide Bankruptcy-Court Power to Reopen Closed Cases and Bind Non-Debtor Creditors — Commentary on In re Congoleum Corporation (3d Cir. 2025)

“Other Cause” Re-Defined: Third Circuit Sanctions Wide Bankruptcy-Court Power to Reopen Closed Cases and Bind Non-Debtor Creditors — Commentary on In re Congoleum Corporation (3d Cir. 2025)

Date: Aug 25, 2025
“Other Cause” Re-Defined: Third Circuit Sanctions Wide Bankruptcy-Court Power to Reopen Closed Cases and Bind Non-Debtor Creditors — Commentary on In re Congoleum Corporation (3d Cir. 2025) 1....
Age-Limit Mootness & Hearing-Officer Immunity under the IDEA – Commentary on Jenn-Ching Luo v. Owen J. Roberts School District (3d Cir. 2025)

Age-Limit Mootness & Hearing-Officer Immunity under the IDEA – Commentary on Jenn-Ching Luo v. Owen J. Roberts School District (3d Cir. 2025)

Date: Aug 25, 2025
Age-Limit Mootness & Hearing-Officer Immunity under the IDEA – Commentary on Jenn-Ching Luo v. Owen J. Roberts School District (3d Cir. 2025) 1. Introduction The United States Court of Appeals for...
Third Circuit Clarifies Right to Implement Hearing-Officer Decisions During IDEA Appeal Period and Reaffirms Eleventh-Amendment Immunity of State Education Agencies

Third Circuit Clarifies Right to Implement Hearing-Officer Decisions During IDEA Appeal Period and Reaffirms Eleventh-Amendment Immunity of State Education Agencies

Date: Aug 25, 2025
Third Circuit Clarifies Right to Implement Hearing-Officer Decisions During IDEA Appeal Period and Reaffirms Eleventh-Amendment Immunity of State Education Agencies Introduction In Jenn-Ching Luo v....
Telephonic Experts & Parental Participation under the IDEA: Third Circuit Affirms that Lack of Prior Parental Consent Alone Does Not Deny a FAPE

Telephonic Experts & Parental Participation under the IDEA: Third Circuit Affirms that Lack of Prior Parental Consent Alone Does Not Deny a FAPE

Date: Aug 25, 2025
Telephonic Experts & Parental Participation under the IDEA: Third Circuit Affirms that Lack of Prior Parental Consent Alone Does Not Deny a FAPE 1. Introduction In Jenn-Ching Luo v. Owen J. Roberts...
“Attestation” Re-defined:  Unsworn Declarations under 28 U.S.C. § 1746 Satisfy Settlement Requirements – A Commentary on Profit Point Tax Technologies Inc. v. DPAD Group LLP

“Attestation” Re-defined: Unsworn Declarations under 28 U.S.C. § 1746 Satisfy Settlement Requirements – A Commentary on Profit Point Tax Technologies Inc. v. DPAD Group LLP

Date: Aug 25, 2025
“Attestation” Re-defined: Unsworn Declarations under 28 U.S.C. § 1746 Satisfy Settlement Requirements – Commentary on Profit Point Tax Technologies Inc. v. DPAD Group LLP 1. Introduction Profit Point...
“Juries, Not Bureaus”:  AT&T v. FCC and the Constitutional Limits on In-House Civil-Penalty Adjudication

“Juries, Not Bureaus”: AT&T v. FCC and the Constitutional Limits on In-House Civil-Penalty Adjudication

Date: Aug 25, 2025
“Juries, Not Bureaus”: AT&T v. FCC and the Constitutional Limits on In-House Civil-Penalty Adjudication Introduction AT&T v. FCC, decided by the United States Court of Appeals for the Fifth Circuit...
“Immediate-Accrual” Doctrine for Athletic-Injury Title IX Claims – Commentary on Clouse v. Southern Methodist University (5th Cir. 2025)

“Immediate-Accrual” Doctrine for Athletic-Injury Title IX Claims – Commentary on Clouse v. Southern Methodist University (5th Cir. 2025)

Date: Aug 25, 2025
“Immediate-Accrual” Doctrine for Athletic-Injury Title IX Claims A Comprehensive Commentary on Clouse v. Southern Methodist University, No. 24-10461 (5th Cir. Aug. 22, 2025) 1. Introduction Clouse v....
Gross v. Carlisle: Fifth Circuit Clarifies the Employee’s Dual Burden—Proving a “Vacant Position” and Addressing Every Ground on Appeal under the ADA

Gross v. Carlisle: Fifth Circuit Clarifies the Employee’s Dual Burden—Proving a “Vacant Position” and Addressing Every Ground on Appeal under the ADA

Date: Aug 25, 2025
Gross v. Carlisle: Fifth Circuit Clarifies the Employee’s Dual Burden—Proving a “Vacant Position” and Addressing Every Ground on Appeal under the ADA Introduction In Gross v. Carlisle Construction...
“Known-Risk Rehire” Liability: The Fifth Circuit’s New Standard in Loera v. Kingsville ISD

“Known-Risk Rehire” Liability: The Fifth Circuit’s New Standard in Loera v. Kingsville ISD

Date: Aug 25, 2025
“Known-Risk Rehire” Liability: The Fifth Circuit’s New Standard in Loera v. Kingsville Indep. School District Introduction In August 2025 the United States Court of Appeals for the Fifth Circuit...
Refining the RLUIPA Substantial-Burden Threshold and Establishment-Clause Neutrality in Prison: A Commentary on Lumsden v. Collier (5th Cir. 2025)

Refining the RLUIPA Substantial-Burden Threshold and Establishment-Clause Neutrality in Prison: A Commentary on Lumsden v. Collier (5th Cir. 2025)

Date: Aug 25, 2025
Refining the RLUIPA Substantial-Burden Threshold and Establishment-Clause Neutrality in Prison: A Commentary on Lumsden v. Collier (5th Cir. 2025) Introduction In Lumsden v. Collier, No. 24-50605...
Fifth Circuit Declares §1503(a) Limitation Non-Jurisdictional & Allows Timely Motions to Reopen to Reset the Clock – Commentary on Sarabia v. Noem (2025)

Fifth Circuit Declares §1503(a) Limitation Non-Jurisdictional & Allows Timely Motions to Reopen to Reset the Clock – Commentary on Sarabia v. Noem (2025)

Date: Aug 25, 2025
Fifth Circuit Declares §1503(a) Limitation Non-Jurisdictional & Allows Timely Motions to Reopen to Reset the Clock Commentary on Sarabia v. Noem, No. 24-50750 (5th Cir. Aug. 22, 2025) 1. Introduction...
Rejecting Per-Se Indispensability: Sixth Circuit Clarifies Rule 19 in Estate of William Plott v. HHS

Rejecting Per-Se Indispensability: Sixth Circuit Clarifies Rule 19 in Estate of William Plott v. HHS

Date: Aug 25, 2025
Rejecting Per-Se Indispensability: Sixth Circuit Clarifies Rule 19 in Estate of William Plott v. Department of Health & Human Services 1. Introduction The Sixth Circuit’s published decision in Estate...

        “Equal-Impact, No Violation” – Sixth Circuit Clarifies the Causation Threshold
        for ADA Title II Claims Arising from Alterations to Public Facilities

“Equal-Impact, No Violation” – Sixth Circuit Clarifies the Causation Threshold for ADA Title II Claims Arising from Alterations to Public Facilities

Date: Aug 25, 2025
“Equal-Impact, No Violation” – Sixth Circuit Clarifies the Causation Threshold for ADA Title II Claims Arising from Alterations to Public Facilities 1. Introduction In John Reinhart v. City of...
Harris Stops at the Curb: Sixth Circuit Confirms that Challenges to Drug-Dog Reliability in Warrant Cases Proceed Under Franks, Not Harris

Harris Stops at the Curb: Sixth Circuit Confirms that Challenges to Drug-Dog Reliability in Warrant Cases Proceed Under Franks, Not Harris

Date: Aug 25, 2025
Harris Stops at the Curb: Sixth Circuit Confirms that Challenges to Drug-Dog Reliability in Warrant Cases Proceed Under Franks, Not Harris Introduction United States v. Jaavaid Alan McCarley-Connin,...
Ellis v. Yasenchack (2025): Sixth Circuit Reinforces the “Concession-of-Facts” Rule in Qualified Immunity Interlocutory Appeals

Ellis v. Yasenchack (2025): Sixth Circuit Reinforces the “Concession-of-Facts” Rule in Qualified Immunity Interlocutory Appeals

Date: Aug 25, 2025
Ellis v. Yasenchack (6th Cir. 2025): Sixth Circuit Reinforces the “Concession-of-Facts” Rule in Qualified Immunity Interlocutory Appeals Introduction William Ellis, a Cleveland resident, brought a §...
Krueger v. Phillips (10th Cir. 2025): Definitive Liability for Prolonged Prone Restraints and the Expanded Duty to Intervene

Krueger v. Phillips (10th Cir. 2025): Definitive Liability for Prolonged Prone Restraints and the Expanded Duty to Intervene

Date: Aug 25, 2025
Krueger v. Phillips (10th Cir. 2025): Definitive Liability for Prolonged Prone Restraints and the Expanded Duty to Intervene Introduction The United States Court of Appeals for the Tenth Circuit, in...
Commentary: United States v. Amir Golestan & Micfo, LLC – IP Addresses as “Property,” Ciminelli’s Limits, and the Scope of Rule 11 Immigration Warnings

Commentary: United States v. Amir Golestan & Micfo, LLC – IP Addresses as “Property,” Ciminelli’s Limits, and the Scope of Rule 11 Immigration Warnings

Date: Aug 25, 2025
United States v. Amir Golestan & Micfo, LLC – IP Addresses as “Property,” Ciminelli’s Limits, and the Scope of Rule 11 Immigration Warnings Introduction United States v. Golestan is the Fourth...
“No Constructive Conditional Plea”: The Fourth Circuit’s Clarification on Appellate Rights and Rogers Consistency in United States v. Kyrie Thompson

“No Constructive Conditional Plea”: The Fourth Circuit’s Clarification on Appellate Rights and Rogers Consistency in United States v. Kyrie Thompson

Date: Aug 25, 2025
“No Constructive Conditional Plea”: The Fourth Circuit’s Clarification on Appellate Rights and Rogers Consistency in United States v. Kyrie Thompson Introduction In United States v. Kyrie Thompson,...
Fourth Circuit Clarifies That IPv4 Addresses Are “Property” Under the Federal Fraud Statutes and Sets Harmless-Error Standard for Rule 11 Immigration Warnings to Naturalized Citizens

Fourth Circuit Clarifies That IPv4 Addresses Are “Property” Under the Federal Fraud Statutes and Sets Harmless-Error Standard for Rule 11 Immigration Warnings to Naturalized Citizens

Date: Aug 25, 2025
Fourth Circuit Clarifies That IPv4 Addresses Are “Property” Under the Federal Fraud Statutes and Sets Harmless-Error Standard for Rule 11 Immigration Warnings to Naturalized Citizens Introduction...
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