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affirmation-of-& Case Commentaries

DeLeon v. Futran Technology Inc.: Religious Accommodation Cannot Compel an Employer to Violate Federal Reporting Duties & Procedural Deadlines for Untimely Rule 59 Motions

DeLeon v. Futran Technology Inc.: Religious Accommodation Cannot Compel an Employer to Violate Federal Reporting Duties & Procedural Deadlines for Untimely Rule 59 Motions

Date: Aug 25, 2025
DeLeon v. Futran Technology Inc.: Religious Accommodation Cannot Compel an Employer to Violate Federal Reporting Duties & Procedural Deadlines for Untimely Rule 59 Motions 1 Introduction Darren...
Raymond v. Hillsborough County: Eleventh Circuit Clarifies the Reach of the Heck Bar over Post-Conviction § 1983 Claims

Raymond v. Hillsborough County: Eleventh Circuit Clarifies the Reach of the Heck Bar over Post-Conviction § 1983 Claims

Date: Aug 25, 2025
Raymond v. Hillsborough County: Eleventh Circuit Clarifies the Reach of the Heck Bar over Post-Conviction § 1983 Claims Introduction Edward Raymond, acting pro se, challenged the dismissal of his...
“Clarifying the COA Requirement for Rule 60(b) Habeas Appeals” – A Commentary on Jeffery T. Crystal v. Secretary, Florida Department of Corrections (11th Cir. 2025)

“Clarifying the COA Requirement for Rule 60(b) Habeas Appeals” – A Commentary on Jeffery T. Crystal v. Secretary, Florida Department of Corrections (11th Cir. 2025)

Date: Aug 25, 2025
Clarifying the COA Requirement for Rule 60(b) Habeas Appeals: Jeffery T. Crystal v. Secretary, Florida Department of Corrections Introduction Jeffery T. Crystal v. Secretary, Florida Department of...
No Fourth-Amendment “Seizure” When Police Assist a Private Carrier: Commentary on Samuel Ghee, IV v. Flix North America, Inc.

No Fourth-Amendment “Seizure” When Police Assist a Private Carrier: Commentary on Samuel Ghee, IV v. Flix North America, Inc.

Date: Aug 25, 2025
No Fourth-Amendment “Seizure” When Police Assist a Private Carrier: A Detailed Commentary on Samuel Ghee, IV v. Flix North America, Inc. 1. Introduction In Samuel Ghee, IV v. Flix North America,...
Voluntary Dismissal With Prejudice Confers “Substantially Prevailing” Status in CAFRA Actions: 
            A Commentary on United States v. Brian Moore (11th Cir. 2025)

Voluntary Dismissal With Prejudice Confers “Substantially Prevailing” Status in CAFRA Actions: A Commentary on United States v. Brian Moore (11th Cir. 2025)

Date: Aug 25, 2025
Voluntary Dismissal With Prejudice Confers “Substantially Prevailing” Status in CAFRA Actions: A Commentary on United States v. Brian Moore (11th Cir. 2025) Introduction United States v. Brian Moore,...
“Residual Probable Cause” After Florida’s Hemp Reform: A Commentary on United States v. Bain (11th Cir. 2025)

“Residual Probable Cause” After Florida’s Hemp Reform: A Commentary on United States v. Bain (11th Cir. 2025)

Date: Aug 25, 2025
“Residual Probable Cause” After Florida’s Hemp Reform: A Comprehensive Commentary on United States v. Bain (11th Cir. 2025) Introduction United States v. Deondre Bain, No. 24-10480, decided by the...

United States v. Henry De Jesus Lopez Londoño (2025):  The Eleventh Circuit Defines the Outer Limits of
(1) Due-Process Claims for Government “Spoliation” of Evidence and 
(2) Rule-of-Specialty Challenges in Extradition Cases

United States v. Henry De Jesus Lopez Londoño (2025): The Eleventh Circuit Defines the Outer Limits of (1) Due-Process Claims for Government “Spoliation” of Evidence and (2) Rule-of-Specialty Challenges in Extradition Cases

Date: Aug 25, 2025
United States v. Henry De Jesus Lopez Londoño “Mi Sangre” Eleventh Circuit, No. 18-12888 – Opinion filed 20 August 2025 (unpublished) Introduction The case arises from the conviction of Henry De...
“From Vexatious-Litigator Thresholds to Municipal-Zoning Deference” – A Commentary on the 08/20/2025 Ohio Supreme Court Case Announcements

“From Vexatious-Litigator Thresholds to Municipal-Zoning Deference” – A Commentary on the 08/20/2025 Ohio Supreme Court Case Announcements

Date: Aug 25, 2025
“From Vexatious-Litigator Thresholds to Municipal-Zoning Deference” – A Comprehensive Commentary on the Ohio Supreme Court’s 08 / 20 / 2025 Case Announcements (2025-Ohio-2934) 1. Introduction On 20...
No Affirmative Duty to Disclose Materially Increased Risk in Arm’s-Length Surety and Guaranty Transactions: Comment on Huntington Natl. Bank v. Schneider (2025-Ohio-2920)

No Affirmative Duty to Disclose Materially Increased Risk in Arm’s-Length Surety and Guaranty Transactions: Comment on Huntington Natl. Bank v. Schneider (2025-Ohio-2920)

Date: Aug 25, 2025
No Affirmative Duty to Disclose Materially Increased Risk in Arm’s-Length Surety and Guaranty Transactions Commentary on Huntington Natl. Bank v. Schneider, 2025-Ohio-2920 (Supreme Court of Ohio) I....
“Clearly Proscribed Conduct” Rule: Ohio Supreme Court Narrows Void-for-Vagueness Challenges in Huron v. Kisil (2025)

“Clearly Proscribed Conduct” Rule: Ohio Supreme Court Narrows Void-for-Vagueness Challenges in Huron v. Kisil (2025)

Date: Aug 25, 2025
“Clearly Proscribed Conduct” Rule: Ohio Supreme Court Narrows Void-for-Vagueness Challenges in Huron v. Kisil (2025) 1. Introduction Huron v. Kisil, Slip Opinion No. 2025-Ohio-2921, marks the Supreme...
State ex rel. Gordon v. Summit Cty. Court of Common Pleas (2025): Clarifying the Procedural Boundaries of Extraordinary Writs and Civ.R. 12(B)(6) Review

State ex rel. Gordon v. Summit Cty. Court of Common Pleas (2025): Clarifying the Procedural Boundaries of Extraordinary Writs and Civ.R. 12(B)(6) Review

Date: Aug 25, 2025
State ex rel. Gordon v. Summit County Court of Common Pleas (2025-Ohio-2927): Clarifying the Procedural Boundaries of Extraordinary Writs and Civ.R. 12(B)(6) Review Introduction In State ex rel....
State v. Sweet – Waiver of Non-Jurisdictional Indictment Defects After a Guilty Plea

State v. Sweet – Waiver of Non-Jurisdictional Indictment Defects After a Guilty Plea

Date: Aug 25, 2025
State v. Sweet – Waiver of Non-Jurisdictional Indictment Defects After a Guilty Plea Introduction In State v. Tony T. Sweet, Opinion No. 28297 (Aug. 20, 2025), the South Carolina Supreme Court...
“Mission-Based Use” as a Religious Purpose: Idaho Supreme Court Broadens the Scope of the § 63-602B Property-Tax Exemption

“Mission-Based Use” as a Religious Purpose: Idaho Supreme Court Broadens the Scope of the § 63-602B Property-Tax Exemption

Date: Aug 25, 2025
“Mission-Based Use” as a Religious Purpose: Idaho Supreme Court Broadens the Scope of the § 63-602B Property-Tax Exemption Introduction First Presbyterian Church of Boise, Idaho, Inc. (FPC) sought a...
Westman v. ISIF: The “Sole-Cause” Clarification of Idaho Code § 72-332 Liability

Westman v. ISIF: The “Sole-Cause” Clarification of Idaho Code § 72-332 Liability

Date: Aug 25, 2025
Westman v. Industrial Special Indemnity Fund: The Supreme Court of Idaho Clarifies the “Sole-Cause” Exception to Fund Liability under Idaho Code § 72-332 Introduction In Westman v. Industrial Special...
State v. Frias: Clarifying Proximate Causation and the “Criminal-Negligence” Threshold under Idaho Code § 18-7004

State v. Frias: Clarifying Proximate Causation and the “Criminal-Negligence” Threshold under Idaho Code § 18-7004

Date: Aug 25, 2025
State v. Frias: Clarifying Proximate Causation and the “Criminal-Negligence” Threshold under Idaho Code § 18-7004 Introduction In State v. Frias, Docket No. 50950-2023 (Idaho Aug. 20, 2025), the...
Clarifying “Favorable Termination” After a Guilty Plea: The Second Circuit’s Charge-by-Charge Rule in Carruthers v. Colton

Clarifying “Favorable Termination” After a Guilty Plea: The Second Circuit’s Charge-by-Charge Rule in Carruthers v. Colton

Date: Aug 25, 2025
Clarifying “Favorable Termination” After a Guilty Plea: The Second Circuit’s Charge-by-Charge Rule in Carruthers v. Colton Introduction On 20 August 2025 the United States Court of Appeals for the...
“Direct and Material Contribution” Defeats CDA § 230 Immunity for Emissions-Control “Defeat Devices” – A Commentary on United States v. EZ Lynk (2d Cir. 2025)

“Direct and Material Contribution” Defeats CDA § 230 Immunity for Emissions-Control “Defeat Devices” – A Commentary on United States v. EZ Lynk (2d Cir. 2025)

Date: Aug 25, 2025
“Direct and Material Contribution” Defeats CDA § 230 Immunity for Emissions-Control “Defeat Devices” A Comprehensive Commentary on United States v. EZ Lynk, 24-2386 (2d Cir. Aug. 20 2025) 1....
“Fields v. BOP”: The Third Circuit’s Definitive Rejection of New Bivens Remedies for Federal-Prisoner Claims

“Fields v. BOP”: The Third Circuit’s Definitive Rejection of New Bivens Remedies for Federal-Prisoner Claims

Date: Aug 25, 2025
“Fields v. BOP”: The Third Circuit’s Definitive Rejection of New Bivens Remedies for Federal-Prisoner Claims Introduction Andrew Fields, a federal inmate, sued multiple prison officials under Bivens...
Contextual Materiality & Discovery Rights in Securities Fraud: The Third Circuit Rejects the “Total-Eclipse” Standard in Boilermaker Blacksmith National Pension Trust v. Maiden Holdings Ltd.

Contextual Materiality & Discovery Rights in Securities Fraud: The Third Circuit Rejects the “Total-Eclipse” Standard in Boilermaker Blacksmith National Pension Trust v. Maiden Holdings Ltd.

Date: Aug 25, 2025
Contextual Materiality & Discovery Rights in Securities Fraud: The Third Circuit Rejects the “Total-Eclipse” Standard in Boilermaker Blacksmith National Pension Trust v. Maiden Holdings Ltd....
United States v. Rose: Refining “Good-Cause” and Reliability Standards for Hearsay in Supervised-Release Revocations

United States v. Rose: Refining “Good-Cause” and Reliability Standards for Hearsay in Supervised-Release Revocations

Date: Aug 25, 2025
United States v. Rose: Refining “Good-Cause” and Reliability Standards for Hearsay in Supervised-Release Revocations 1. Introduction United States v. Carl Rose, No. 24-2274 (3d Cir. Aug. 20 2025),...
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