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State v. Popp (2025): Narrowing “Reasonable Suspicion” When the Predicate Offense is Littering under Idaho Code § 18-7031 1. Introduction State v. Popp is the Idaho Supreme Court’s most recent...
Narrowing OV 7 After the 2015 Amendments: “Similarly Egregious” Conduct and an Intent-to-Heighten-Fear Requirement Highlighted in People v. Brownfield Introduction This commentary analyzes the...
Certification Is Not a Vehicle to Revisit Settled Law: Michigan Supreme Court Declines to Answer Federal Certified Question on the Medical-Malpractice Damages Cap Introduction This commentary...
“All Issues Are for the Arbitrator”: Lamonaco v. Experian and the Eleventh Circuit’s Express Recognition that Waiver Can Be Validly Delegated 1. Introduction Lamonaco v. Experian Information...
“Finality & Forfeiture”: The Indiana Supreme Court’s Reinforcement of Strict Appellate Deadlines in Juvenile Delinquency Matters – Comment on State of Indiana v. B.H. (2025) 1. Introduction In State...
Johnston v. Court-Appointed Receiver (2d Cir. 2025): Automatic Chapter 15 Stay Does Not Shield a Debtor’s Own Affirmative Claims in a U.S. Equity Receivership 1. Introduction John Johnston and Edward...
The Right-to-Collect Doctrine: Second Circuit Affirms § 664 Liability for Conversion of Contractual Benefit-Fund Claims 1. Introduction United States v. O’Sullivan (23-7076-cr, decided 2 July 2025)...
United States v. Salim: Reaffirming the Government’s Unilateral Authority under Rule 48(a) and Limiting Coram Nobis Relief Following Non-Prejudicial Dismissals 1. Introduction Mamdouh Mahmud Salim –...
“Solvent Traps” as Silencers & the Post-Zherka Constitutionality of 18 U.S.C. § 922(g)(1) A Structured Commentary on United States v. Sternquist, 24-2135-cr (2d Cir. July 2 2025) (Summary Order)...
Second Circuit Re-Affirms Constitutionality of 18 U.S.C. § 922(g)(1) Against Post-Bruen Challenges, Even by “Non-Violent” Felons Introduction United States v. Williams, No. 23-6840-cr (2d Cir. July...
“The Flinton Rule” – A Second-Circuit Mandate for Reassignment to a New ALJ After Any Unremedied Appointments-Clause Violation 1. Introduction Flinton v. Commissioner of Social Security, Docket No....
“A Tale of Two Plaintiffs” – The Second Circuit’s Dual-Track Standard for Assessing Sincerity of Religious Beliefs at Summary Judgment (Gardner-Alfred v. Federal Reserve Bank of New York, 23-7544, 2d...
“No Vacatur Outside the Seat”: Second Circuit Rules U.S. Courts Lack Subject-Matter Jurisdiction to Set Aside Foreign Arbitral Awards under FAA § 203 1. Introduction Molecular Dynamics, Ltd. v....
Foreign Commercial Bribery Confirmed as Honest-Services Wire Fraud: A Comprehensive Commentary on United States v. Lopez, 87 F.4th ___ (2d Cir. 2025) 1. Introduction United States v. Lopez is the...
Pinetree Principle: Timely and Methodologically-Sound Expert Evidence Is Essential for Insureds Under All-Risk Policies 1. Introduction The Eleventh Circuit’s unpublished decision in 4539 Pinetree...
“Court-Created Disclosure Exception” — Brooks v. City of Southside and the Duty to Re-Evaluate Anonymity When the Court Itself Releases Sensitive Information 1. Introduction The Eleventh Circuit’s...
“Future–Risk” Is Not “Present Disability”: Eleventh Circuit Clarifies the Limits of ADA “Regarded-As” Claims and Religious Discrimination Theories in Pajer v. Disney 1. Introduction In Adam Pajer v....
Reaffirming Officers’ Limited Investigative Duty: Barnett v. Elsmore and the Threshold for “Arguable Probable Cause” in Malicious-Prosecution Claims Introduction In Harry Barnett v. Justin Elsmore,...
“Particularity Means Particularity” – The Eleventh Circuit Narrows the Circumstances for Relaxing Rule 9(b) in False Claims Act Pleadings Introduction In Monica McKoy v. Atlanta Primary Care...
Eleventh Circuit Clarifies that Unvaccinated Status Is Not a “Perceived Disability” and Neutral COVID-19 Safety Protocols Do Not Constitute Religious Discrimination Introduction In Seth Schmidt v....