affirmation-of-district-court Case Commentaries

Boundary Lines Re-Drawn: Juliuson v. Johnson and the Limits of Good-Faith Claims Beyond Insurance Contracts

Date: Aug 1, 2025

Boundary Lines Re-Drawn: Juliuson v. Johnson and the Limits of Good-Faith Claims Beyond Insurance Contracts Introduction In Juliuson v. Johnson, 2025 ND 139, the North Dakota Supreme Court issued a...

Tamm v. Gatzke: Re-drawing the Lines – North Dakota Reins in Rule 12(c) and Re-affirms Fact-Intensive Nature of Express and Implied Easement Claims

Date: Aug 1, 2025

Tamm v. Gatzke: Re-drawing the Lines – North Dakota Reins in Rule 12(c) and Re-affirms Fact-Intensive Nature of Express and Implied Easement Claims Introduction Tamm v. Gatzke, 2025 ND 141, is the...

Clarity over Cocktails: North Dakota Supreme Court Refines the Vagueness Test for Non-Criminal Municipal Ordinances Governing Alcohol Service

Date: Aug 1, 2025

Clarity over Cocktails: North Dakota Supreme Court Refines the Vagueness Test for Non-Criminal Municipal Ordinances Governing Alcohol Service Introduction In Liquid Hospitality, LLC d/b/a Windbreak...

“Granular Privilege Review” Mandated: Anne Carlsen Center v. LeFevre and the New North Dakota Specificity Standard in Discovery Orders

Date: Aug 1, 2025

“Granular Privilege Review” Mandated: Anne Carlsen Center v. LeFevre and the New North Dakota Specificity Standard in Discovery Orders Introduction Anne Carlsen Center v. LeFevre, 2025 ND 142, is a...

Harrelson v. State: Refining Plain-Error Review of Improper Comments on “Equally Accessible” Witnesses

Date: Aug 1, 2025

Harrelson v. State: Refining Plain-Error Review of Improper Comments on “Equally Accessible” Witnesses 1. Introduction Jonathan Harrelson, a forty-four-year-old Mississippi resident, was convicted of...

In re Phillips: Indiana Supreme Court Establishes CPA-Monitored Probation as the Default Sanction for Trust-Account Mismanagement and Unreasonable Estate Fees

Date: Aug 1, 2025

In re Phillips: Indiana Supreme Court Establishes CPA-Monitored Probation as the Default Sanction for Trust-Account Mismanagement and Unreasonable Estate Fees Introduction The decision in In the...

People v. Williams (1st Dep’t 2025): Handcuffing by DHS Is a De Facto Arrest Requiring Probable Cause; “Distinctive Clothing” and Murky Video Do Not Supply Probable Cause; Unpreserved Attenuation Cannot Save the Prosecution

Date: Aug 1, 2025

People v. Williams (1st Dep’t 2025): Handcuffing by DHS Is a De Facto Arrest Requiring Probable Cause; “Distinctive Clothing” and Murky Video Do Not Supply Probable Cause; Unpreserved Attenuation...

“Hostility Requires Objective Acts” – Roth v. Meyer and the Refined Standard for Proving Adverse Possession in North Dakota

Date: Aug 1, 2025

“Hostility Requires Objective Acts” – Roth v. Meyer and the Refined Standard for Proving Adverse Possession in North Dakota Introduction Roth v. Meyer, 2025 ND 116, is the North Dakota Supreme...

Rademacher v. State – North Dakota Supreme Court Clarifies the Evidentiary Burden for Post-Conviction Ineffective-Assistance Claims Involving Unobtained Expert Evaluations

Date: Aug 1, 2025

Rademacher v. State – North Dakota Supreme Court Clarifies the Evidentiary Burden for Post-Conviction Ineffective-Assistance Claims Involving Unobtained Expert Evaluations Introduction Steven Charles...

Marbury v. United National Insurance: The Fifth Circuit Re-defines “Self-Serving” Evidence and Reaffirms Louisiana’s Expansive Concept of Insurable Interest

Date: Jul 31, 2025

Marbury v. United National Insurance: The Fifth Circuit Re-defines “Self-Serving” Evidence and Reaffirms Louisiana’s Expansive Concept of Insurable Interest 1. Introduction In Marbury v. United...

“Speak It or Lose It” – Fourth Circuit Re-Affirms the Rogers Rule on Oral Pronouncement of Supervised-Release Conditions in United States v. Kymberly Starr

Date: Jul 31, 2025

“Speak It or Lose It” – Fourth Circuit Re-Affirms the Rogers Rule on Oral Pronouncement of Supervised-Release Conditions in United States v. Kymberly Starr 1. Introduction The Fourth Circuit’s...

“Disarming the Dangerous” after Bruen and Rahimi: The Fourth Circuit’s Endorsement of 18 U.S.C. § 922(g)(4) in United States v. Gould

Date: Jul 31, 2025

“Disarming the Dangerous” after Bruen and Rahimi: The Fourth Circuit’s Endorsement of 18 U.S.C. § 922(g)(4) United States v. James Gould (4th Cir. 2025) 1. Introduction United States v. James Gould...

“Distance Is No Defense” – Fourth Circuit Affirms Joint & Several Liability of Non-Present Partners and Clarifies Preservation Rules in Last-Clear-Chance Negligence Cases

Date: Jul 31, 2025

“Distance Is No Defense” – Fourth Circuit Affirms Joint & Several Liability of Non-Present Partners and Clarifies Preservation Rules in Last-Clear-Chance Negligence Cases Introduction Robbie G....

“Raise It or Lose It” – Preservation of Last-Clear-Chance Theories and Broad Trial-Management Discretion under Plyler v. Cox (4th Cir. 2025)

Date: Jul 31, 2025

“Raise It or Lose It” – Preservation of Last-Clear-Chance Theories and Broad Trial-Management Discretion under Plyler v. Cox (4th Cir. 2025) I. Introduction In Plyler v. Cox, the United States Court...

Columbia Gas v. RDFS – Fourth Circuit Affirms Expansive Maintenance Rights Under General Pipeline Easements and Clarifies Limits of the “Law-of-the-Case” Doctrine

Date: Jul 31, 2025

Columbia Gas v. RDFS – Fourth Circuit Affirms Expansive Maintenance Rights Under General Pipeline Easements and Clarifies Limits of the “Law-of-the-Case” Doctrine Introduction Columbia Gas...

The “No-Return Email” Doctrine: Fourth Circuit Clarifies that Employment Contracts Must Explicitly Require Employees to Return Company Emails

Date: Jul 31, 2025

The “No-Return Email” Doctrine: Fourth Circuit Clarifies that Employment Contracts Must Explicitly Require Employees to Return Company Emails 1. Introduction Aerotek, Inc. v. Kenneth Nosky, No....

“Same Taxpayer” Fixed at the Time of Payment: Fourth Circuit Clarifies § 6621(d) Interest-Netting After Mergers

Date: Jul 31, 2025

“Same Taxpayer” Fixed at the Time of Payment: Fourth Circuit Clarifies § 6621(d) Interest-Netting After Mergers 1. Introduction Bank of America Corporation v. United States, decided on 29 July 2025...

Self-Forwarded Emails and the Scope of Post-Employment Covenants: Allegis Group, Inc. v. Bero

Date: Jul 31, 2025

Self-Forwarded Emails and the Scope of Post-Employment Covenants: The Fourth Circuit Defines the Limits of “Use” and “Return” Obligations in Allegis Group, Inc. v. Christopher Bero 1. Introduction...

Beyond the Orchard: The Third Circuit Extends Jarkesy’s Article III Limitations to Department of Labor H-2A Enforcement

Date: Jul 31, 2025

Beyond the Orchard: The Third Circuit Extends Jarkesy’s Article III Limitations to Department of Labor H-2A Enforcement Introduction In Sun Valley Orchards LLC v. United States Department of Labor,...

Beyond Borders: The Rhode Island Supreme Court Confirms Extraterritorial Reach of the “Relevant Market Area” under the Dealer Law

Date: Jul 31, 2025

Beyond Borders: The Rhode Island Supreme Court Confirms Extraterritorial Reach of the “Relevant Market Area” under the Dealer Law Introduction Rhode Island Truck Center, LLC (“RITC”), the state’s...

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