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  • Commentaries
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affirmation-of-combination-jury-instructions-in-murder-conviction-upholds-kentucky& Case Commentaries

Federal Certification over State Disaster-Immunity Ambiguities:  Breaux v. Worrell and the Fifth Circuit’s Refined Approach to La. R.S. 29:735

Federal Certification over State Disaster-Immunity Ambiguities: Breaux v. Worrell and the Fifth Circuit’s Refined Approach to La. R.S. 29:735

Date: Jun 29, 2025
Federal Certification over State Disaster-Immunity Ambiguities: Breaux v. Worrell and the Fifth Circuit’s Refined Approach to La. R.S. 29:735 Introduction Breaux v. Worrell, No. 24-30097 (5th...
Butler v. Collins: Texas Labor Code Chapter 21 Does Not Preempt Common-Law Tort Claims Against Individual Employees

Butler v. Collins: Texas Labor Code Chapter 21 Does Not Preempt Common-Law Tort Claims Against Individual Employees

Date: Jun 29, 2025
Butler v. Collins: Texas Labor Code Chapter 21 Does Not Preempt Common-Law Tort Claims Against Individual Employees Introduction The United States Court of Appeals for the Fifth Circuit, in Butler v....
United States v. Morales: Knowledge of § 5822 Non-Compliance and Domestic Manufacture Not Required for NFA “Making” Offense on Plain-Error Review

United States v. Morales: Knowledge of § 5822 Non-Compliance and Domestic Manufacture Not Required for NFA “Making” Offense on Plain-Error Review

Date: Jun 29, 2025
United States v. Morales: Knowledge of § 5822 Non-Compliance and Domestic Manufacture Not Required for NFA “Making” Offense on Plain-Error Review I. Introduction In United States v. Morales,...
Chappell v. TruckPro: Clarifying the Pre-ponderance Standard for Product Identification in South Carolina Strict-Liability Claims

Chappell v. TruckPro: Clarifying the Pre-ponderance Standard for Product Identification in South Carolina Strict-Liability Claims

Date: Jun 29, 2025
Chappell v. TruckPro, LLC – Fourth Circuit Clarifies the “Preponderance” Threshold for Linking a Product to a Distributor in South Carolina Strict-Liability Litigation 1. Introduction This commentary...
No Immediate Interaction, No State-Created Danger: Fourth Circuit Clarifies Limits of Substantive Due Process in Paton v. City of Norfolk

No Immediate Interaction, No State-Created Danger: Fourth Circuit Clarifies Limits of Substantive Due Process in Paton v. City of Norfolk

Date: Jun 29, 2025
No Immediate Interaction, No State-Created Danger: Fourth Circuit Clarifies Limits of Substantive Due Process in Paton v. City of Norfolk Introduction In Kathy Paton v. City of Norfolk, Virginia, the...

        “From Disability to Limitation”: Fourth Circuit Re-defines the Employer’s Duty of Notice
        in ADA Accommodations – Commentary on Sally Tarquinio v. Johns Hopkins University APL (4th Cir. 2025)

“From Disability to Limitation”: Fourth Circuit Re-defines the Employer’s Duty of Notice in ADA Accommodations – Commentary on Sally Tarquinio v. Johns Hopkins University APL (4th Cir. 2025)

Date: Jun 29, 2025
“From Disability to Limitation”: Fourth Circuit Re-defines the Employer’s Duty of Notice in ADA Accommodations Commentary on Sally W. Tarquinio v. Johns Hopkins University Applied Physics Laboratory,...
United States v. McCray: Clarifying the Scope of Sentencing Explanations When a Downward Variance Is Granted

United States v. McCray: Clarifying the Scope of Sentencing Explanations When a Downward Variance Is Granted

Date: Jun 29, 2025
United States v. McCray: Clarifying the Scope of Sentencing Explanations When a Downward Variance Is Granted Introduction In United States v. Fredrick Wendell McCray, No. 24-4078 (4th Cir....

        United States v. Poynter, Jr.: Fourth Circuit Re-Affirms
        The Reliability of Historical Cell-Site Analysis and Clarifies Plain-Error Review of Rule 702/403 Challenges

United States v. Poynter, Jr.: Fourth Circuit Re-Affirms The Reliability of Historical Cell-Site Analysis and Clarifies Plain-Error Review of Rule 702/403 Challenges

Date: Jun 29, 2025
United States v. Poynter, Jr.: Fourth Circuit Re-Affirms the Reliability of Historical Cell-Site Analysis and Clarifies Plain-Error Review of Rule 702/403 Challenges 1. Introduction The Fourth...
“Three-Strike Certainty” – The Tenth Circuit’s Consolidated Dismissal in Hale-El v. Doe and the Clarification of PLRA Strike Accrual on Frivolous Appeals

“Three-Strike Certainty” – The Tenth Circuit’s Consolidated Dismissal in Hale-El v. Doe and the Clarification of PLRA Strike Accrual on Frivolous Appeals

Date: Jun 29, 2025
“Three-Strike Certainty” – The Tenth Circuit’s Consolidated Dismissal in Hale-El v. Doe and the Clarification of PLRA Strike Accrual on Frivolous Appeals Court: United States Court of Appeals for the...
Hale-El v. Ring: Tenth Circuit Clarifies Timing of PLRA “Strikes” and Heightens Pleading Scrutiny for Prisoner Appeals

Hale-El v. Ring: Tenth Circuit Clarifies Timing of PLRA “Strikes” and Heightens Pleading Scrutiny for Prisoner Appeals

Date: Jun 29, 2025
Hale-El v. Ring: Tenth Circuit Clarifies Timing of PLRA “Strikes” and Heightens Pleading Scrutiny for Prisoner Appeals 1. Introduction In Hale-El v. Ring, Nos. 25-1044 & 25-1045 (10th Cir. 2025), the...
Vehicle-Specific Liability Coverage Upheld:  Scott v. Nationwide Agribusiness and the Colorado “Vehicle-Oriented” Liability Principle

Vehicle-Specific Liability Coverage Upheld: Scott v. Nationwide Agribusiness and the Colorado “Vehicle-Oriented” Liability Principle

Date: Jun 29, 2025
Vehicle-Specific Liability Coverage Upheld: Scott v. Nationwide Agribusiness and the Colorado “Vehicle-Oriented” Liability Principle 1. Introduction Scott v. Nationwide Agribusiness Insurance...
United States v. Barnes: Tenth Circuit Confirms Unconditional Guilty Plea Waives Post-Conviction Statutory Challenges to § 924(c) Predicate Offenses

United States v. Barnes: Tenth Circuit Confirms Unconditional Guilty Plea Waives Post-Conviction Statutory Challenges to § 924(c) Predicate Offenses

Date: Jun 29, 2025
United States v. Barnes: Tenth Circuit Confirms Unconditional Guilty Plea Waives Post-Conviction Statutory Challenges to § 924(c) Predicate Offenses 1. Introduction On 25 June 2025, the United States...
United States v. Butler: Tenth Circuit Re-Affirms § 111(b) as a “Crime of Violence” after Borden and Clarifies Harmless-Error Limits on Jury Instructions

United States v. Butler: Tenth Circuit Re-Affirms § 111(b) as a “Crime of Violence” after Borden and Clarifies Harmless-Error Limits on Jury Instructions

Date: Jun 29, 2025
United States v. Butler Commentary on the Tenth Circuit’s Published Opinion (June 25, 2025) Introduction On 25 June 2025, the United States Court of Appeals for the Tenth Circuit delivered a...
Iowa Supreme Court Declares: “No Guns While Criming” – State v. Woods and the Constitutional Limits on Firearm Possession During Criminal Conduct

Iowa Supreme Court Declares: “No Guns While Criming” – State v. Woods and the Constitutional Limits on Firearm Possession During Criminal Conduct

Date: Jun 28, 2025
Iowa Supreme Court Declares: “No Guns While Criming” – State v. Woods and the Constitutional Limits on Firearm Possession During Criminal Conduct 1. Introduction State v. Kevin Dwayne Woods, Jr. (No....
Abrogation of the “Cavalier Disregard” Standard in Wisconsin’s Speedy-Trial Jurisprudence – A Commentary on State v. Luis A. Ramirez, 2025 WI 28

Abrogation of the “Cavalier Disregard” Standard in Wisconsin’s Speedy-Trial Jurisprudence – A Commentary on State v. Luis A. Ramirez, 2025 WI 28

Date: Jun 28, 2025
Abrogation of the “Cavalier Disregard” Standard in Wisconsin’s Speedy-Trial Jurisprudence A Comprehensive Commentary on State v. Luis A. Ramirez, 2025 WI 28 1. Introduction State v. Ramirez presented...
“Sovereign Immunity After Burnett” –  Sikora v. State of Iowa and the Closing of Iowa’s Common-Law Door to Wrongful-Imprisonment Damages

“Sovereign Immunity After Burnett” – Sikora v. State of Iowa and the Closing of Iowa’s Common-Law Door to Wrongful-Imprisonment Damages

Date: Jun 28, 2025
“Sovereign Immunity After Burnett” – Sikora v. State of Iowa and the Closing of Iowa’s Common-Law Door to Wrongful-Imprisonment Damages 1. Introduction On 27 June 2025 the Iowa Supreme Court,...
Refining Electoral Speech Crimes: The Michigan Supreme Court’s Narrow Construction of MCL 168.932(a) and Its Unsettled First-Amendment Boundaries

Refining Electoral Speech Crimes: The Michigan Supreme Court’s Narrow Construction of MCL 168.932(a) and Its Unsettled First-Amendment Boundaries

Date: Jun 28, 2025
Refining Electoral Speech Crimes: The Michigan Supreme Court’s Narrow Construction of MCL 168.932(a) and Its Unsettled First-Amendment Boundaries 1. Introduction The consolidated matters of People of...
State v. Cole: Waiver of Firearm Rights Through Consent Protective Orders & Limits on Consecutive Sentencing After Probation Revocation

State v. Cole: Waiver of Firearm Rights Through Consent Protective Orders & Limits on Consecutive Sentencing After Probation Revocation

Date: Jun 28, 2025
State v. Cole: Waiver of Firearm Rights Through Consent Protective Orders & Limits on Consecutive Sentencing After Probation Revocation 1. Introduction In State of Iowa v. Jordan Kevin Cole,...
First Circuit Narrows Judicial Review of “Exceptional and Extremely Unusual Hardship” Findings After Wilkinson v. Garland

First Circuit Narrows Judicial Review of “Exceptional and Extremely Unusual Hardship” Findings After Wilkinson v. Garland

Date: Jun 27, 2025
First Circuit Narrows Judicial Review of “Exceptional and Extremely Unusual Hardship” Findings After Wilkinson v. Garland Introduction In Xiquin Xirum v. Bondi, the United States Court of Appeals for...
“Speak Now or Lose Later” – The Third Circuit’s Firm Stance on Appellate Forfeiture and FTCA Timeliness in Manivannan v. Department of Energy

“Speak Now or Lose Later” – The Third Circuit’s Firm Stance on Appellate Forfeiture and FTCA Timeliness in Manivannan v. Department of Energy

Date: Jun 27, 2025
“Speak Now or Lose Later” – The Third Circuit’s Firm Stance on Appellate Forfeiture and FTCA Timeliness in Manivannan v. Department of Energy 1. Introduction Ayyakkannu Manivannan, a former materials...
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