retaliatory-discharge-under-indiana-workmen&amp Case Commentaries

EDTPA Immunity Is Immunity from Liability, Not Suit—No Immediate Appeal Under N.C.G.S. § 1‑277(a) or (b)

Date: Oct 22, 2025

EDTPA Immunity Is Immunity from Liability, Not Suit—No Immediate Appeal Under N.C.G.S. § 1‑277(a) or (b) Introduction In Land v. Whitley (Supreme Court of North Carolina, Oct. 17, 2025), the Court...

Unforeseeable Chains of Events and Generalized Warnings Do Not Establish Proximate Cause: Long v. Fowler (N.C. 2025)

Date: Oct 22, 2025

Unforeseeable Chains of Events and Generalized Warnings Do Not Establish Proximate Cause: Long v. Fowler (N.C. 2025) Introduction In Long v. Fowler, the Supreme Court of North Carolina affirmed...

Mauck v. Cherry Oil Co.: Put/Call Shareholder Agreements Can Defeat Meiselman Dissolution Absent Pleaded “Reasonable Necessity” Under N.C.G.S. § 55-14-30(2)(ii)

Date: Oct 22, 2025

Mauck v. Cherry Oil Co.: Put/Call Shareholder Agreements Can Defeat Meiselman Dissolution Absent Pleaded “Reasonable Necessity” Under N.C.G.S. § 55-14-30(2)(ii) Introduction This North Carolina...

No Binding Agency Deference in North Carolina: Mitchell mandates de novo review of state administrative regulations

Date: Oct 22, 2025

No Binding Agency Deference in North Carolina: Mitchell v. UNC Board of Governors mandates de novo review of state administrative regulations Introduction In Mitchell v. University of North Carolina...

General Permit Conditions That Function as Regulations Are “Rules”: North Carolina Supreme Court Requires APA Rulemaking for Broad Animal‑Waste Permit Conditions

Date: Oct 22, 2025

General Permit Conditions That Function as Regulations Are “Rules”: The North Carolina Supreme Court Requires APA Rulemaking for Broad Animal‑Waste Permit Conditions Case: N.C. Dep't of Env't...

Reviewing the ALJ, Not the Agency, and Recognizing “But-For” Prejudice in Two‑Applicant CON Contests: The North Carolina Supreme Court’s Decision in Pinnacle Health Services v. NCDHHS

Date: Oct 22, 2025

Reviewing the ALJ, Not the Agency, and Recognizing “But-For” Prejudice in Two‑Applicant CON Contests Pinnacle Health Services of N.C., LLC v. N.C. Department of Health & Human Services (N.C. Oct. 17,...

State v. Chemuti: Superior-Court Petition Is the Exclusive Path to Obtain Law‑Enforcement Recordings Under N.C.G.S. § 132‑1.4A

Date: Oct 22, 2025

State v. Chemuti: Superior-Court Petition Is the Exclusive Path to Obtain Law‑Enforcement Recordings Under N.C.G.S. § 132‑1.4A Introduction In State v. Chemuti (Supreme Court of North Carolina, Oct....

State v. Lail (N.C. 2025): Misstating the Rule 403 Standard Constitutes Abuse of Discretion; Plain Error Review Does Not Reach Discretionary Evidentiary Rulings

Date: Oct 22, 2025

State v. Lail (N.C. 2025): Misstating the Rule 403 Standard Constitutes Abuse of Discretion; Plain Error Review Does Not Reach Discretionary Evidentiary Rulings Introduction In State v. Lail, the...

State v. Norman: Probable Cause for a Vehicle Search Warrant Can Rest on Distinctive Vehicle Identification and a Fictitious Plate—No Need to Resolve Knock-and-Talk Legality When Tainted Facts Are Excised

Date: Oct 22, 2025

State v. Norman: Probable Cause for a Vehicle Search Warrant Can Rest on Distinctive Vehicle Identification and a Fictitious Plate—No Need to Resolve Knock-and-Talk Legality When Tainted Facts Are...

Rogers Overrules Carter: North Carolina Adopts a State Constitutional Good-Faith Exception and Limits § 15A‑974’s Good-Faith to Statutory (Chapter 15A) Violations

Date: Oct 22, 2025

Rogers Overrules Carter: North Carolina Adopts a State Constitutional Good-Faith Exception and Limits § 15A‑974’s Good-Faith to Statutory (Chapter 15A) Violations Introduction In State v. Rogers, the...

Clarifying Batson Mootness in North Carolina: Step One Is Not Moot Absent a Step-Three Ruling

Date: Oct 22, 2025

Clarifying Batson Mootness in North Carolina: Step One Is Not Moot Absent a Step-Three Ruling Introduction In State v. Wilson, the Supreme Court of North Carolina addressed a recurring procedural...

Clear-Error Review of Hardship Mixed Questions and Strict Ineffective-Assistance Prerequisites in Non-LPR Cancellation: Ramirez Lopez v. Bondi (2d Cir. 2025)

Date: Oct 19, 2025

Clear-Error Review of Hardship Mixed Questions and Strict Ineffective-Assistance Prerequisites in Non-LPR Cancellation: Ramirez Lopez v. Bondi (2d Cir. 2025) Introduction In Ramirez Lopez v. Bondi,...

Harmless Diagnostic Mislabeling and Time‑Window Limits on New Evidence in SSA Appeals: Kavanaugh v. Commissioner (11th Cir. 2025)

Date: Oct 19, 2025

Harmless Diagnostic Mislabeling and Time‑Window Limits on New Evidence in SSA Appeals: Kavanaugh v. Commissioner (11th Cir. 2025) Court: U.S. Court of Appeals for the Eleventh Circuit (Non‑Argument...

Comparator Specificity and Discriminatory Purpose: Sixth Circuit Tightens Pleading for Equal Protection and Conspiracy Claims Challenging Urban Redevelopment Enforcement

Date: Oct 19, 2025

Comparator Specificity and Discriminatory Purpose: Sixth Circuit Tightens Pleading for Equal Protection and Conspiracy Claims Challenging Urban Redevelopment Enforcement Introduction In April Norman...

Sixth Circuit: § 1983 Procedural Due Process Claims Accrue No Later Than the Last Denial of Process, and Michigan’s No‑Equitable‑Tolling Regime Applies

Date: Oct 19, 2025

Sixth Circuit: § 1983 Procedural Due Process Claims Accrue No Later Than the Last Denial of Process, and Michigan’s No‑Equitable‑Tolling Regime Applies Introduction In Charles Bozzo v. Jennifer...

No Bright-Line “Five-Second Rule”: Sixth Circuit Reaffirms Duty to Reassess; Deadly Force After Threat Is Neutralized Is Clearly Unconstitutional

Date: Oct 19, 2025

No Bright-Line “Five-Second Rule”: Sixth Circuit Reaffirms Duty to Reassess; Deadly Force After Threat Is Neutralized Is Clearly Unconstitutional Introduction In Chelesy Eastep v. City of Nashville,...

No Bright-Line “Five-Second Rule”: Sixth Circuit Reaffirms that Post‑Neutralization Force Violates Clearly Established Law and Applies Barnes’s Totality-of-Circumstances Framework

Date: Oct 19, 2025

No Bright-Line “Five-Second Rule”: Sixth Circuit Reaffirms that Post‑Neutralization Force Violates Clearly Established Law and Applies Barnes’s Totality-of-Circumstances Framework Introduction In...

No Five‑Second Rule: Sixth Circuit Reaffirms Ban on Deadly Force After Incapacitation and Aligns Excessive‑Force Review with Barnes’s Totality‑of‑Circumstances Framework

Date: Oct 19, 2025

No Five‑Second Rule: Sixth Circuit Reaffirms Ban on Deadly Force After Incapacitation and Aligns Excessive‑Force Review with Barnes’s Totality‑of‑Circumstances Framework Introduction In Chelesy...

PLRA Screening Must Ordinarily Permit Amendment; Mattress Deprivation Alone Insufficient to Plead Eighth Amendment Violation Without Specific Risk of Serious Harm

Date: Oct 19, 2025

PLRA Screening Must Ordinarily Permit Amendment; Mattress Deprivation Alone Insufficient to Plead Eighth Amendment Violation Without Specific Risk of Serious Harm Introduction In Darrin Bass v....

Concrete Proof, Not Promissory Assertions: Sixth Circuit Clarifies “Means to Depart” Showing for Voluntary Departure Motions to Reopen

Date: Oct 19, 2025

Concrete Proof, Not Promissory Assertions: Sixth Circuit Clarifies “Means to Depart” Showing for Voluntary Departure Motions to Reopen Introduction In Juan Carlos Pastor-Hernandez v. Pamela Bondi,...

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