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“One Worksite, One Employer”: The Eleventh Circuit Defines Single-Employer Liability and the Secretary’s Burden of Proving Economic Feasibility under OSHA’s General Duty Clause Introduction UHS of...
“Desk-Notes Are Not Business Records” & The Re-affirmed Sufficiency of Pretext: A Comprehensive Commentary on Brian Murphy v. Caterpillar Inc., 24-1517 (7th Cir. June 18 2025) 1. Introduction The...
“More Than a Lunch-Group”: Seventh Circuit Re-Affirms the High Bar for Proving Pretext at Summary Judgment in Title VII and ADEA Cases Introduction Michelle Hagen, a 54-year-old high-school...
Limits on Equitable Tolling for Delayed Notice in FLSA Collective Actions A Commentary on Kwoka v. Enterprise Rent-A-Car Company of Boston, LLC, 1st Cir., 18 June 2025 1. Introduction The First...
First Circuit Re-Affirms the “Special Clarity” Rule: Nonsignatories Cannot Compel Arbitration or Invoke Delegation Clauses Without an Explicit, Contract-Based Grant of Authority I. Introduction...
From Local Petitions to National Venue: The Supreme Court’s Two-Step Test for the Clean Air Act’s “Nationwide Scope or Effect” Exception I. Introduction EPA v. Calumet Shreveport Refining, L.L.C.,...
“Only Applicants and Successful Intervenors May Sue”: Supreme Court Tightens the Hobbs Act’s “Party Aggrieved” Test in NRC v. Texas (2025) Introduction In Nuclear Regulatory Commission et al. v....
Oklahoma v. EPA: Individual SIP Disapprovals Are Regionally Reviewable – Refining the Venue Framework Under CAA §7607(b)(1) 1. Introduction In Oklahoma v. Environmental Protection Agency, 605 U.S....
“Intertwined-Issue Jury Right” — Perttu v. Richards Recasts the PLRA Exhaustion Debate 1 Introduction Perttu v. Richards, 605 U.S. ___ (2025), is the Supreme Court’s first major encounter with the...
Transgender Treatment Bans and Equal Protection: United States v. Skrmetti (2025) Sets the Rational-Basis Benchmark Introduction In United States v. Skrmetti, No. 23-477 (June 18 2025), the U.S....
Substantial Compliance Suffices: Johnson v. Superior Court Clarifies Limits on Deferral and Recusal in Summary Criminal Contempt Under Connecticut Practice Book §§ 1-16 & 1-17 Introduction Johnson v....
“Actual-Knowledge” Becomes the Touchstone: Delaware Clarifies Aider-and-Abettor Liability for Acquirers Commentary on In re Columbia Pipeline Group, Inc. Merger Litigation, 332 A.3d 349 (Del. Supr....
Clarifying the Dual Strickland-Scarborough Standard: The Delaware Supreme Court’s Decision in Lolley v. State (2025) 1. Introduction Lolley v. State is a 2025 ruling of the Delaware Supreme Court...
Harris Estate v. Reilly: Montana Supreme Court Requires Sanctions for Last-Minute Voluntary Dismissals under Rule 41(a)(2) Introduction In Estate of William Harris III v. Reilly, 2025 MT 126, the...
Knudsen v. University of Montana: 2025 MT 125 – Clarifying the Use of Regulatory Compliance Experts and the Scope of a University’s Fiduciary Duty 1. Introduction Knudsen v. University of Montana...
Caldwell v. Caldwell: Judicial Duty to Verify Property Valuations Despite Parties’ Settlement Agreements 1. Introduction In Marriage of: Caldwell, 2025 MT 127N, the Supreme Court of Montana addressed...
“Similar Means Similar”: The Majority-Outcome Test for Out-of-State DUI Enhancements after State v. Lapointe Introduction In State v. C. Lapointe, 2025 MT 124, the Supreme Court of Montana confronted...
Forcible-Felony Instruction as a De Facto “Defense-of-Others” Charge: A Comprehensive Commentary on State v. C. Rossbach, 2025 MT 128N Introduction State v. Cavey Little Rossbach, 2025 MT 128N, is a...
“Evasive-Driving Particularized Suspicion”: The Montana Supreme Court’s Refinement of Reasonable Suspicion in State v. Halie Maria Herzog 1. Introduction On 17 June 2025 the Supreme Court of Montana...
State v. Hunt (2025 MT 122): Prosecutorial “Door-Opening” Limits Re-affirmed and Particularized Suspicion Refined Introduction The Supreme Court of Montana’s decision in State v. Nicole Lee Hunt,...