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“Reining-In the NLRB” – Fifth Circuit Invalidates Dual For-Cause Removal Protections and Affirms District Courts’ Power to Enjoin Agency Proceedings 1. Introduction In Space Exploration Technologies...
“Here-and-Now” Harm and Dual-Layer Removal: The Fifth Circuit Re-Shapes Pre-Enforcement Review in Energy Transfer, L.P. v. NLRB Introduction Energy Transfer, L.P. v. National Labor Relations Board is...
Garces v. Hernandez: The Fifth Circuit’s Express Admonition on AI-Generated Citations and the Unyielding Reach of Res Judicata 1. Introduction Garces v. Hernandez (No. 25-50342, 5th Cir. Aug. 19,...
No-Name, No-Toll: Fifth Circuit Clarifies Accrual and Equitable Tolling for § 1983 Claims Introduction In Jenkins v. Tahmahkera, No. 24-10724 (5th Cir. Aug. 19, 2025), the United States Court of...
“No Clearly-Established Right to Be Free from a Non-Deadly Push While Fleeing” – Sealey v. Mancias and the Pleading Burden in Fifth-Circuit Excessive-Force Claims 1. Introduction Sealey v. Mancias,...
“Here-and-Now Harm” & Dual-Layer Tenure: The Fifth Circuit’s Seal of Unconstitutionality on NLRB Removal Protections 1. Introduction In Space Exploration Technologies Corp. v. National Labor...
“Privileged-Information Prosecutor Conflicts” – The New Fourth-Circuit Safeguard Emerging from Raminder Kaur v. Warden (4th Cir. 2025) 1. Introduction The Fourth Circuit’s published decision in...
Clarifying District Court Discretion to Deny First Step Act Relief Sought Solely to “Bank Time” — Commentary on United States v. Mahatha (4th Cir. 2025) 1. Introduction In United States v. Mahatha,...
“From Wellness-Check to Exigency” – Rhode Island Affirms a Broad, Totality-Driven Emergency-Aid Exception in State v. Nathan Cooper (2025) Introduction In State v. Nathan Cooper, the Rhode Island...
Mandamus, Faretta, and Jurisdiction: Denial of the Right to Self-Representation is a Non-Jurisdictional Error – State ex rel. Johnson v. McNamara (2025-Ohio-2891) Introduction State ex rel. Johnson...
“No Discharge Without Restitution” – The Supreme Court of Ohio Clarifies that Restitution Remains a Criminal Sanction for Record-Sealing Purposes (State v. T.W.C., 2025-Ohio-2890) 1. Introduction...
Hawaiʻi Supreme Court Clarifies Mandatory Director Indemnification and “Fees-on-Fees” Recovery Loyalty Development Company, Ltd. v. Ching, 154 Haw. 256 (2025) Introduction In Loyalty Development...
“Notice-Defeats-Laches” – Clark v. Hemphill Artworks, LLC and the Second Circuit’s Clarification of Laches at the Pleading Stage in Art-Conversion Suits 1. Introduction Clark v. Hemphill Artworks,...
“The Multiple-Inconsistency Exhaustion Test” – Clarifying Credibility and Exhaustion in Immigration Appeals (Commentary on Li v. Bondi, Court of Appeals for the Second Circuit, 19 Aug 2025) 1....
Clarifying the “Unable-or-Unwilling” Government Standard and the Futility Exception in Asylum & CAT Claims – Commentary on Yunga Uyaguari v. Bondi (2d Cir. 2025) 1. Introduction Yunga Uyaguari v....
“Meaningfully-Constrain” Test Confirmed: The Second Circuit Upholds 18 U.S.C. § 922(a)(3) in United States v. Perez 1. Introduction On 19 August 2025 the United States Court of Appeals for the Second...
“Ascertainability” and the 30-Day Removal Clock under § 1446(b)(3): A Comprehensive Commentary on Vermont v. 3M Co. (2d Cir. 2025) 1. Introduction The Second Circuit’s decision in Vermont v. 3M Co.,...
Instantaneous Force and Qualified Immunity: Sindell v. Coach & the Eleventh Circuit’s Refined Boundaries on Failure-to-Intervene and Retaliation Claims 1. Introduction On 19 August 2025 the United...