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restricting-general-jurisdiction:-second-circuit& Case Commentaries

“Only the Named Insured May Exhaust the SIR” – Delaware Supreme Court’s Definitive Guidance in In Re Aearo Technologies LLC Insurance Appeals

“Only the Named Insured May Exhaust the SIR” – Delaware Supreme Court’s Definitive Guidance in In Re Aearo Technologies LLC Insurance Appeals

Date: Aug 13, 2025
“Only the Named Insured May Exhaust the SIR” – Delaware Supreme Court’s Definitive Guidance in In Re Aearo Technologies LLC Insurance Appeals 1. Introduction The Supreme Court of Delaware, sitting en...
“CT-Scan Supremacy”: Potomac Coal Co. v. DOWCP and the Fourth Circuit’s Clarification on Establishing Complicated Pneumoconiosis Under 20 C.F.R. § 718.304

“CT-Scan Supremacy”: Potomac Coal Co. v. DOWCP and the Fourth Circuit’s Clarification on Establishing Complicated Pneumoconiosis Under 20 C.F.R. § 718.304

Date: Aug 12, 2025
“CT-Scan Supremacy”: Potomac Coal Co. v. DOWCP and the Fourth Circuit’s Clarification on Establishing Complicated Pneumoconiosis Under 20 C.F.R. § 718.304 1. Introduction Potomac Coal Company v....
Herold v. Christensen: Tenth Circuit Narrows “Obvious-Violation” Path around Qualified Immunity for Close-Range Pepper-Spray Deployments

Herold v. Christensen: Tenth Circuit Narrows “Obvious-Violation” Path around Qualified Immunity for Close-Range Pepper-Spray Deployments

Date: Aug 12, 2025
Herold v. Christensen: Tenth Circuit Narrows “Obvious-Violation” Path around Qualified Immunity for Close-Range Pepper-Spray Deployments Introduction On 6 August 2025 the United States Court of...
“Consolidating Skrmetti” – Poe v. Drummond and the Rational-Basis Standard for State Bans on Pediatric Gender-Transition Procedures

“Consolidating Skrmetti” – Poe v. Drummond and the Rational-Basis Standard for State Bans on Pediatric Gender-Transition Procedures

Date: Aug 12, 2025
“Consolidating Skrmetti” – Poe v. Drummond and the Rational-Basis Standard for State Bans on Pediatric Gender-Transition Procedures 1. Introduction Poe v. Drummond, decided by the United States Court...
Reaffirming Qualified Immunity for Prison Officials When a Medical “No-Handcuff” Pass Has Expired – A Commentary on Bangmon v. Tucker (5th Cir. 2025)

Reaffirming Qualified Immunity for Prison Officials When a Medical “No-Handcuff” Pass Has Expired – A Commentary on Bangmon v. Tucker (5th Cir. 2025)

Date: Aug 12, 2025
Reaffirming Qualified Immunity for Prison Officials When a Medical “No-Handcuff” Pass Has Expired – A Commentary on Bangmon v. Tucker (5th Cir. 2025) Introduction The United States Court of Appeals...
The Presence-Membership Test: Fifth Circuit Upholds Mass-Warrant Sufficiency Post-Twin Peaks

The Presence-Membership Test: Fifth Circuit Upholds Mass-Warrant Sufficiency Post-Twin Peaks

Date: Aug 12, 2025
The Presence-Membership Test: Fifth Circuit Upholds Mass-Warrant Sufficiency Post-Twin Peaks Introduction Barnhart v. Stroman is the latest—and likely last—chapter in the spate of civil-rights suits...
Berger v. Lexington Insurance ‑ Fifth Circuit Clarifies that an Invalid Uninsured-Motorist Waiver Does Not Trigger “Drop-Down” Coverage under Louisiana Umbrella Policies

Berger v. Lexington Insurance ‑ Fifth Circuit Clarifies that an Invalid Uninsured-Motorist Waiver Does Not Trigger “Drop-Down” Coverage under Louisiana Umbrella Policies

Date: Aug 12, 2025
Invalid UM Waiver ≠ Drop-Down: Berger v. Lexington Insurance and the Limits of Umbrella Liability under Louisiana Law Introduction Berger v. Lexington Insurance (5th Cir. Aug. 5 2025) addresses...
“The Unilateral-Manager Rule” – Why a Manager’s Forum Contacts Cannot Confer Jurisdiction on an LLC: A Commentary on CDC Real Estate v. La Biela (5th Cir. 2025)

“The Unilateral-Manager Rule” – Why a Manager’s Forum Contacts Cannot Confer Jurisdiction on an LLC: A Commentary on CDC Real Estate v. La Biela (5th Cir. 2025)

Date: Aug 12, 2025
“The Unilateral-Manager Rule” – Why a Manager’s Forum Contacts Cannot Confer Jurisdiction on an LLC: A Commentary on CDC Real Estate v. La Biela (5th Cir. 2025) Introduction The United States Court...
Authority and Immunity in Campus Due-Process Litigation: The Fifth Circuit’s Guidance in Doe v. Prairie View

Authority and Immunity in Campus Due-Process Litigation: The Fifth Circuit’s Guidance in Doe v. Prairie View

Date: Aug 12, 2025
Authority and Immunity in Campus Due-Process Litigation: The Fifth Circuit’s Guidance in Doe v. Prairie View Introduction In Doe v. Prairie View A&M University, No. 24-20128 (5th Cir. Aug. 5, 2025),...
Elder v. Bass: Chronic Sanitation Failures as a Per Se Eighth-Amendment Violation in the Fifth Circuit

Elder v. Bass: Chronic Sanitation Failures as a Per Se Eighth-Amendment Violation in the Fifth Circuit

Date: Aug 12, 2025
Elder v. Bass: Chronic Sanitation Failures as a Per Se Eighth-Amendment Violation in the Fifth Circuit Introduction Elder v. Bass (5th Cir. Aug. 5, 2025) addresses whether prolonged and recurring...
Narayanan v. Midwestern – Fifth Circuit Tightens the “Near-Identical Comparator” and “Close Temporal Proximity” Tests under Title VII

Narayanan v. Midwestern – Fifth Circuit Tightens the “Near-Identical Comparator” and “Close Temporal Proximity” Tests under Title VII

Date: Aug 12, 2025
Narayanan v. Midwestern – Fifth Circuit Tightens the “Near-Identical Comparator” and “Close Temporal Proximity” Tests under Title VII Introduction The United States Court of Appeals for the Fifth...
Fifth Circuit Rejects Per-Se Emergency Rule for Shoulder Dystocia and Affirms FTCA Jurisdiction over Gross-Negligence Obstetrical Claims

Fifth Circuit Rejects Per-Se Emergency Rule for Shoulder Dystocia and Affirms FTCA Jurisdiction over Gross-Negligence Obstetrical Claims

Date: Aug 12, 2025
Fifth Circuit Rejects Per-Se Emergency Rule for Shoulder Dystocia and Affirms FTCA Jurisdiction over Gross-Negligence Obstetrical Claims Introduction In Robledo v. United States, No. 24-50810 (5th...
“Helplessness as the Touchstone” – Fifth Circuit Clarifies Employer Duty When Quarantining COVID-Positive H-2A Workers (Rodriguez v. Blaine Larsen Farms)

“Helplessness as the Touchstone” – Fifth Circuit Clarifies Employer Duty When Quarantining COVID-Positive H-2A Workers (Rodriguez v. Blaine Larsen Farms)

Date: Aug 12, 2025
“Helplessness as the Touchstone” – Fifth Circuit Clarifies Employer Duty When Quarantining COVID-Positive H-2A Workers Commentary on Rodriguez v. Blaine Larsen Farms, Inc., No. 22-10514 (5th Cir....
“Significant Record Evidence” Beyond Temporal Proximity: Fifth Circuit Clarifies Pre-Text Standard in Title VII Retaliation – A Commentary on Sotonwa v. Collins

“Significant Record Evidence” Beyond Temporal Proximity: Fifth Circuit Clarifies Pre-Text Standard in Title VII Retaliation – A Commentary on Sotonwa v. Collins

Date: Aug 12, 2025
“Significant Record Evidence” Beyond Temporal Proximity: Fifth Circuit Clarifies Pre-Text Standard in Title VII Retaliation – A Commentary on Sotonwa v. Collins 1. Introduction In Sotonwa v. Collins,...
Talley v. Jackson State University: Fifth Circuit Re-Affirms Minimal Due-Process in Campus Discipline and Scope of Search-Incident-to-Arrest

Talley v. Jackson State University: Fifth Circuit Re-Affirms Minimal Due-Process in Campus Discipline and Scope of Search-Incident-to-Arrest

Date: Aug 12, 2025
Talley v. Jackson State University: Fifth Circuit Re-Affirms Minimal Due-Process in Campus Discipline and Scope of Search-Incident-to-Arrest 1. Introduction The unpublished opinion in Talley v....
United States v. Hill: Reinforcing the “Independent § 3553(a) Factors” Exception to Guidelines Error on Plain-Error Review

United States v. Hill: Reinforcing the “Independent § 3553(a) Factors” Exception to Guidelines Error on Plain-Error Review

Date: Aug 12, 2025
United States v. Hill: Reinforcing the “Independent § 3553(a) Factors” Exception to Guidelines Error on Plain-Error Review Introduction In United States v. Hill, No. 24-30669 (5th Cir. Aug. 5, 2025),...
United States v. LeBlanc: The Fifth Circuit’s Firm Embrace of Diaz and the Historical Disarmament of Property Offenders

United States v. LeBlanc: The Fifth Circuit’s Firm Embrace of Diaz and the Historical Disarmament of Property Offenders

Date: Aug 12, 2025
United States v. LeBlanc: The Fifth Circuit’s Firm Embrace of Diaz and the Historical Disarmament of Property Offenders Introduction United States v. LeBlanc, No. 24-30036 (5th Cir. Aug. 5, 2025),...
Scheme-Wide Scrutiny: United States v. Stone and the Fifth Circuit’s Refined Test for “Sophisticated Means” & “Abuse-of-Trust” Enhancements

Scheme-Wide Scrutiny: United States v. Stone and the Fifth Circuit’s Refined Test for “Sophisticated Means” & “Abuse-of-Trust” Enhancements

Date: Aug 12, 2025
Scheme-Wide Scrutiny: United States v. Stone and the Fifth Circuit’s Refined Test for “Sophisticated Means” & “Abuse-of-Trust” Enhancements 1. Introduction United States v. Stone, No. 24-10115 (5th...
Mandatory Vacatur of Expired PLRA Preliminary Injunctions: Voice of the Experienced v. Westcott

Mandatory Vacatur of Expired PLRA Preliminary Injunctions: Voice of the Experienced v. Westcott

Date: Aug 12, 2025
Mandatory Vacatur of Expired PLRA Preliminary Injunctions: Voice of the Experienced v. Westcott Introduction The Fifth Circuit’s unpublished but precedentially significant decision in Voice of the...
“More Than One Motive”: The Fifth Circuit Confirms that Mixed-Motive Religious Objections Trigger Title VII Protection – Commentary on Wright v. Honeywell International

“More Than One Motive”: The Fifth Circuit Confirms that Mixed-Motive Religious Objections Trigger Title VII Protection – Commentary on Wright v. Honeywell International

Date: Aug 12, 2025
“More Than One Motive” – The Fifth Circuit Confirms that Mixed-Motive Religious Objections Trigger Title VII Protection A Comprehensive Commentary on Wright v. Honeywell International, No. 24-30667...
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