Supreme Court argument highlights the reach of Federal Records-Falsification Law
4/2/26
The statute at issue in Abouammo v. United States is 18 U.S.C. section 1519, which makes it a crime to “knowingly alter, destroy, mutilate, conceal, cover up, falsify, or make a false entry in any record, …
Beyond deadline math: The Eleventh Circuit’s practical take on equitable tolling
3/16/26
In Beazer v. Richmond County Constructors, LLC (Mar. 10, 2026), the Eleventh Circuit held that equitable tolling saved the plaintiff’s Title VII complaint even though the district court received it after the ninety-day right-to-sue deadline. The …
When the removal defect “lingers,” the judgment dies
3/2/26
In Hain Celestial Group, Inc. v. Palmquist (Feb. 24, 2026), the Supreme Court unanimously held that when a case is improperly removed to federal court for lack of complete diversity, a district court cannot “cure” the …
Beyond tariffs: The Supreme Court’s major questions divide
2/27/26
Learning Resources, Inc. v. Trump is, on its face, a statutory interpretation case about whether the International Emergency Economic Powers Act (IEEPA) authorizes the President to impose tariffs. But the opinion also became an unusually clear …
Rule 8 reloaded: Ninth Circuit takes aim at shotgun pleadings
2/16/26
The Ninth Circuit’s recent decision in Gibson v. City of Portland signals a broader shift in how district courts may treat unclear complaints.
In this qualified immunity case, the district court dismissed on both procedural and …
Eleventh Circuit tightens Rule 803(4) purpose requirement in recent case
2/6/26
In United States v. Keegan (Dec. 17, 2025), the Eleventh Circuit addressed a defense attempt to use Federal Rule of Evidence 803(4)—the hearsay exception for statements “made for—and … reasonably pertinent to—medical diagnosis or treatment”—to introduce …
Big changes in med-mal: SCOTUS bars Delaware’s affidavit-of-merit in Federal Court
1/30/26
In Berk v. Choy (Jan. 20, 2026), the U.S. Supreme Court considered whether Delaware’s medical-malpractice “affidavit of merit” statute applies in federal court when a plaintiff sues under diversity jurisdiction. Delaware law generally requires an affidavit …
1/28/26
In Coney Island Auto Parts Unlimited, Inc. v. Burton (Chapter 7 Trustee for Vista-Pro Automotive, LLC), the Supreme Court addressed whether Rule 60(c)(1)’s “reasonable time” requirement applies to a motion seeking to set aside an …
Indiana Supreme Court doubles down on finality: Post judgment amendments barred
12/22/25
Earlier this year, we wrote about the Indiana Supreme Court’s decision in Automotive Finance Corp. v. Liu, 250 N.E.3d 406 (2025), which emphasized that the finality of judgments outweighs competing arguments grounded in fairness. That …
When the appellate clock starts ticking: Electronic dockets, stamps and a harsh result
12/22/25
A recent decision from the Illinois Appellate Court, First District reinforces the simple but unforgiving truth for litigants seeking to appeal: when a judgment order appears on the electronic docket, the clock starts, and a missing …
Appellate Practice: The right-for-any-reason rule
12/9/25
By: Jacob Daly
As a general rule, the scope of appellate review is limited to issues that were raised by the parties and ruled on by the trial court. As a result, appellate courts often refuse to rule on issues …
11/7/25
On October 31, 2025, Judge Edith Jones wrote for the Fifth Circuit in Hiran Management, Inc. v. NLRB: “Ninety years after Congress created the National Labor Relations Board (“NLRB”) the NLRB claimed for the …