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affirmation-of-illinois-central-railroad&amp Case Commentaries

Issue Preclusion, Not Claim Preclusion, Controls Prior Standing Dismissals; New Self‑Censorship Facts Confer Standing to Challenge Discretionary Billboard Variances

Issue Preclusion, Not Claim Preclusion, Controls Prior Standing Dismissals; New Self‑Censorship Facts Confer Standing to Challenge Discretionary Billboard Variances

Date: Oct 10, 2025
Issue Preclusion, Not Claim Preclusion, Controls Prior Standing Dismissals; New Self‑Censorship Facts Confer Standing to Challenge Discretionary Billboard Variances Introduction This Sixth Circuit...
DFR Claims Are Ripe After Termination—and Union Strategy Is Shielded by the RLA’s Major/Minor Framework

DFR Claims Are Ripe After Termination—and Union Strategy Is Shielded by the RLA’s Major/Minor Framework

Date: Oct 10, 2025
DFR Claims Are Ripe After Termination—and Union Strategy Is Shielded by the RLA’s Major/Minor Framework Commentary on Kevin D. Wickstrom v. Air Line Pilots Association, International, No. 25-1036...
Title IX-Style Investigations Are Not Adverse Employment Actions Absent Material Change; “Honest Belief” and Comparator Rigor Defeat § 1981 Pretext Claims — Saud v. DePaul University (7th Cir. 2025)

Title IX-Style Investigations Are Not Adverse Employment Actions Absent Material Change; “Honest Belief” and Comparator Rigor Defeat § 1981 Pretext Claims — Saud v. DePaul University (7th Cir. 2025)

Date: Oct 10, 2025
Title IX-Style Investigations Are Not Adverse Employment Actions Absent Material Change; “Honest Belief” and Comparator Rigor Defeat § 1981 Pretext Claims — Saud v. DePaul University (7th Cir. 2025)...
No Constitutional Right to External Agency Investigations: Fifth Circuit Upholds TCCO-Centered Grievance Channel for Civilly Committed SVPs

No Constitutional Right to External Agency Investigations: Fifth Circuit Upholds TCCO-Centered Grievance Channel for Civilly Committed SVPs

Date: Oct 10, 2025
No Constitutional Right to External Agency Investigations: Fifth Circuit Upholds TCCO-Centered Grievance Channel for Civilly Committed SVPs Introduction In Dunsmore v. Muth, No. 25-50047 (5th Cir....
No-Training-Whatsoever Pleading Suffices for Monell Liability in First Amendment Leafletting Cases at City-Owned Venues; Individual Officers and Private Guards Retain Qualified Immunity — Hershey v. City of Bossier City (5th Cir. 2025)

No-Training-Whatsoever Pleading Suffices for Monell Liability in First Amendment Leafletting Cases at City-Owned Venues; Individual Officers and Private Guards Retain Qualified Immunity — Hershey v. City of Bossier City (5th Cir. 2025)

Date: Oct 10, 2025
No-Training-Whatsoever Pleading Suffices for Monell Liability in First Amendment Leafletting Cases at City-Owned Venues; Individual Officers and Private Guards Retain Qualified Immunity — Hershey v....
No Rational Basis to Exclude Business Entities From STR Permits: Fifth Circuit Partly Invalidates New Orleans’s Short‑Term Rental Regime and Narrows “Operator Residency” to Presence Only

No Rational Basis to Exclude Business Entities From STR Permits: Fifth Circuit Partly Invalidates New Orleans’s Short‑Term Rental Regime and Narrows “Operator Residency” to Presence Only

Date: Oct 10, 2025
No Rational Basis to Exclude Business Entities From STR Permits: Fifth Circuit Partly Invalidates New Orleans’s Short‑Term Rental Regime and Narrows “Operator Residency” to Presence Only Case:...
Fifth Circuit Rejects Cat’s Paw Liability for Municipalities Under Monell: Headcount Rule Governs §1981/§1983 Claims Against Multi‑Member Bodies

Fifth Circuit Rejects Cat’s Paw Liability for Municipalities Under Monell: Headcount Rule Governs §1981/§1983 Claims Against Multi‑Member Bodies

Date: Oct 10, 2025
Fifth Circuit Rejects Cat’s Paw Liability for Municipalities Under Monell: Headcount Rule Governs §1981/§1983 Claims Against Multi‑Member Bodies Introduction In Jones v. City of Hutto, the United...
"Answer Only What Confuses the Jury": Fourth Circuit Upholds Concise, Accurate Judicial Responses to Deliberation Questions in United States v. Brito (Unpublished)

"Answer Only What Confuses the Jury": Fourth Circuit Upholds Concise, Accurate Judicial Responses to Deliberation Questions in United States v. Brito (Unpublished)

Date: Oct 10, 2025
"Answer Only What Confuses the Jury": Fourth Circuit Upholds Concise, Accurate Judicial Responses to Deliberation Questions in United States v. Brito (Unpublished) Court: U.S. Court of Appeals for...
“Because of” Means But-For: Fourth Circuit Clarifies Causation for Federal Hate Crimes and Cabins Mental-Health Evidence Under the IDRA

“Because of” Means But-For: Fourth Circuit Clarifies Causation for Federal Hate Crimes and Cabins Mental-Health Evidence Under the IDRA

Date: Oct 10, 2025
“Because of” Means But-For: Fourth Circuit Clarifies Causation for Federal Hate Crimes and Cabins Mental-Health Evidence Under the IDRA Introduction In United States v. Marian Hudak, the Fourth...
“Convicted Felon” Accusations Are Defamation Per Se; Party‑Opponent Statements in Affidavits Can Defeat Summary Judgment — Lewis v. Jolley (Wyo. 2025)

“Convicted Felon” Accusations Are Defamation Per Se; Party‑Opponent Statements in Affidavits Can Defeat Summary Judgment — Lewis v. Jolley (Wyo. 2025)

Date: Oct 10, 2025
“Convicted Felon” Accusations Are Defamation Per Se; Party‑Opponent Statements in Affidavits Can Defeat Summary Judgment — Lewis v. Jolley (Wyo. 2025) Introduction In Brian C. Lewis v. Rebecca Lyn...
Partition in Kind Prevails: Montana Supreme Court Reaffirms Authority to Modify Referees’ Plans and Impose Reciprocal Easements under the UPHPA

Partition in Kind Prevails: Montana Supreme Court Reaffirms Authority to Modify Referees’ Plans and Impose Reciprocal Easements under the UPHPA

Date: Oct 10, 2025
Partition in Kind Prevails: Montana Supreme Court Reaffirms Authority to Modify Referees’ Plans and Impose Reciprocal Easements under the UPHPA Introduction In Barce v. Filler (Supreme Court of...
“Public Repute” Means Community, Not Bureaucracy: Montana Supreme Court Reaffirms Common‑Law Marriage Even Where Partners Marked “Single” on Official Forms

“Public Repute” Means Community, Not Bureaucracy: Montana Supreme Court Reaffirms Common‑Law Marriage Even Where Partners Marked “Single” on Official Forms

Date: Oct 10, 2025
“Public Repute” Means Community, Not Bureaucracy: Montana Supreme Court Reaffirms Common‑Law Marriage Even Where Partners Marked “Single” on Official Forms Introduction In Estate of Hudson, 2025 MT...
No Herculean Efforts Required: Montana Supreme Court Reaffirms Fact-Dependent “Reasonable Efforts” in Interstate Child Welfare Cases

No Herculean Efforts Required: Montana Supreme Court Reaffirms Fact-Dependent “Reasonable Efforts” in Interstate Child Welfare Cases

Date: Oct 10, 2025
No Herculean Efforts Required: Montana Supreme Court Reaffirms Fact-Dependent “Reasonable Efforts” in Interstate Child Welfare Cases Introduction In Matter of B.B.-R., YINC (Supreme Court of Montana,...
Reasonable Efforts Are Fact-Dependent and Need Not Be Herculean; ICPC Omission Alone Does Not Defeat Reunification Efforts: Montana Supreme Court Affirms Termination of Parental Rights in Matter of K.B. & B.B.-R. (Noncitable)

Reasonable Efforts Are Fact-Dependent and Need Not Be Herculean; ICPC Omission Alone Does Not Defeat Reunification Efforts: Montana Supreme Court Affirms Termination of Parental Rights in Matter of K.B. & B.B.-R. (Noncitable)

Date: Oct 10, 2025
Reasonable Efforts Are Fact-Dependent and Need Not Be Herculean; ICPC Omission Alone Does Not Defeat Reunification Efforts: Montana Supreme Court Affirms Termination of Parental Rights in Matter of...
Reaffirmation That Guardianship Need Not Be Considered Once Statutory Grounds for Termination Are Met, and That the 15-of-22-Month Presumption Governs Best-Interest Analysis — Matter of P.M.L.O. (Mont. 2025)

Reaffirmation That Guardianship Need Not Be Considered Once Statutory Grounds for Termination Are Met, and That the 15-of-22-Month Presumption Governs Best-Interest Analysis — Matter of P.M.L.O. (Mont. 2025)

Date: Oct 10, 2025
Reaffirmation That Guardianship Need Not Be Considered Once Statutory Grounds for Termination Are Met, and That the 15-of-22-Month Presumption Governs Best-Interest Analysis — Matter of P.M.L.O....
Montana Supreme Court Bars Compelled Two‑Way Video Appearance After Valid Waiver; Successive Commitment Petitions Not Barred by Preclusion — Matter of T.W. (2025 MT 225)

Montana Supreme Court Bars Compelled Two‑Way Video Appearance After Valid Waiver; Successive Commitment Petitions Not Barred by Preclusion — Matter of T.W. (2025 MT 225)

Date: Oct 10, 2025
Montana Supreme Court Bars Compelled Two‑Way Video Appearance After Valid Waiver; Successive Commitment Petitions Not Barred by Preclusion — Matter of T.W. (2025 MT 225) Introduction In Matter of...
Nonprecedential Affirmance of HRC Retaliation Dismissals: Rebutted Presumption and Harmless Procedural Error Under MAPA (Vaccaro v. Three Forks Area Ambulance Service)

Nonprecedential Affirmance of HRC Retaliation Dismissals: Rebutted Presumption and Harmless Procedural Error Under MAPA (Vaccaro v. Three Forks Area Ambulance Service)

Date: Oct 10, 2025
Nonprecedential Affirmance of HRC Retaliation Dismissals: Rebutted Presumption and Harmless Procedural Error Under MAPA Case: Vaccaro v. Three Forks Area Ambulance Service, 2025 MT 230N (Mont. Oct....
Post-Habeas Removal of Illegal Restitution Is Not a Resentencing: The Oral–Written Sentence Rule Does Not Apply — Woods v. Wead (Mont. 2025)

Post-Habeas Removal of Illegal Restitution Is Not a Resentencing: The Oral–Written Sentence Rule Does Not Apply — Woods v. Wead (Mont. 2025)

Date: Oct 10, 2025
Post-Habeas Removal of Illegal Restitution Is Not a Resentencing: The Oral–Written Sentence Rule Does Not Apply — Woods v. Wead (Mont. 2025) Introduction In Woods v. Wead (Mont. Oct. 7, 2025), the...
Misaligned Debtor–Trustee Interests Preclude Res Judicata Against Chapter 7 Trustees; Claim Objections Under Rule 3007 Are Timely Absent Court-Set Deadlines

Misaligned Debtor–Trustee Interests Preclude Res Judicata Against Chapter 7 Trustees; Claim Objections Under Rule 3007 Are Timely Absent Court-Set Deadlines

Date: Oct 10, 2025
Misaligned Debtor–Trustee Interests Preclude Res Judicata Against Chapter 7 Trustees; Claim Objections Under Rule 3007 Are Timely Absent Court-Set Deadlines Commentary on Myer's Lawn Care Services,...
Second Circuit Confirms Special-Needs Authority to Search a Parolee’s Cellphone, Distinguishing Riley When the Device Is Unauthorized

Second Circuit Confirms Special-Needs Authority to Search a Parolee’s Cellphone, Distinguishing Riley When the Device Is Unauthorized

Date: Oct 10, 2025
Second Circuit Confirms Special-Needs Authority to Search a Parolee’s Cellphone, Distinguishing Riley When the Device Is Unauthorized Introduction In United States v. Smurphat (No. 24-1707, 2d Cir....
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