affirmation-of-qualified-immunity-in-prisoners&amp Case Commentaries

“Adequately Supply” Means Quantity-Ambiguous, Not Quality-Certain: First Circuit Narrows Failure‑to‑Supply Limitations and Affirms Broad Duty to Defend for Reckless Product Decisions

Date: Sep 10, 2025

“Adequately Supply” Means Quantity-Ambiguous, Not Quality-Certain: First Circuit Narrows Failure‑to‑Supply Limitations and Affirms Broad Duty to Defend for Reckless Product Decisions Introduction In...

Pleading Conclusory Conspiracies Won’t Do: Good-Faith Reliance on a Facially Valid Warrant and Video-Verified Decorum Enforcement Defeat First and Fourth Amendment Claims — Story v. Gravell (5th Cir. 2025)

Date: Sep 10, 2025

Pleading Conclusory Conspiracies Won’t Do: Good-Faith Reliance on a Facially Valid Warrant and Video-Verified Decorum Enforcement Defeat First and Fourth Amendment Claims — Story v. Gravell (5th Cir....

Personal Guaranty and Owner-Occupation Do Not Convert Commercial Loans into Consumer Debts; Non-Judicial Foreclosure Is Not State Action — Okorie v. University Mall (5th Cir. 2025)

Date: Sep 10, 2025

Personal Guaranty and Owner-Occupation Do Not Convert Commercial Loans into Consumer Debts; Non-Judicial Foreclosure Is Not State Action — Okorie v. University Mall (5th Cir. 2025) Introduction In...

Kessler and the Due Process Floor at Sentencing: No Resentencing Absent Reliance on Materially False Information; Clerical Correction of Offense Level under § 45-6-301(7)(b)(i), MCA

Date: Sep 10, 2025

Kessler and the Due Process Floor at Sentencing: No Resentencing Absent Reliance on Materially False Information; Clerical Correction of Offense Level under § 45-6-301(7)(b)(i), MCA Court: Supreme...

Subject-Matter, Not Structure: Fifth Circuit Declares Church Autonomy a Merits Immunity Shielding Non‑Hierarchical Ministries and Third‑Party Partners

Date: Sep 10, 2025

Subject-Matter, Not Structure: Fifth Circuit Declares Church Autonomy a Merits Immunity Shielding Non‑Hierarchical Ministries and Third‑Party Partners Introduction In McRaney v. North American...

All Defendants in Hybrid Product Liability Suits Are “Parties” for Comparative Responsibility; the One‑Year Contribution Period Runs from Appellate Finality (HBWS v. Wang)

Date: Sep 10, 2025

All Defendants in Hybrid Product Liability Suits Are “Parties” for Comparative Responsibility; the One‑Year Contribution Period Runs from Appellate Finality Introduction In Health Body World Supply,...

Supervisory Control Denied Absent a Developed Record; Pretrial Subpoenas of Child Victims to Test Waiver Are Unreasonable Under Montana’s Victim‑Advocate Privilege

Date: Sep 10, 2025

Supervisory Control Denied Absent a Developed Record; Pretrial Subpoenas of Child Victims to Test Waiver Are Unreasonable Under Montana’s Victim‑Advocate Privilege Case: A. Burch v. Twentieth...

Quiet Title Act Exclusivity Forecloses APA/DJA Routes for Split‑Estate Subsurface Traversal Disputes: Commentary on True Oil, LLC v. Bureau of Land Management (10th Cir. 2025)

Date: Sep 10, 2025

Quiet Title Act Exclusivity Forecloses APA/DJA Routes for Split‑Estate Subsurface Traversal Disputes: Commentary on True Oil, LLC v. Bureau of Land Management (10th Cir. 2025) Introduction In True...

Footnotes Don’t Preserve Arguments: Second Circuit’s Waiver Ruling on Grokster-Based “Right and Ability to Control” under DMCA §512(c) in Capitol Records v. Vimeo (Rehearing)

Date: Sep 10, 2025

Footnotes Don’t Preserve Arguments: Second Circuit’s Waiver Ruling on Grokster-Based “Right and Ability to Control” under DMCA §512(c) in Capitol Records v. Vimeo (Rehearing) Introduction This...

Applying Maiorana, the Second Circuit Confirms Incorporation-by-Reference of Supervised-Release Conditions and Upholds Broad Reasonable-Suspicion Search Condition: United States v. Gomez

Date: Sep 10, 2025

Applying Maiorana, the Second Circuit Confirms Incorporation-by-Reference of Supervised-Release Conditions and Upholds Broad Reasonable-Suspicion Search Condition: United States v. Gomez Introduction...

State v. Shewalter: Continuous Officer‑Documented Noncompliance Can Extinguish All Elapsed “Street Time”; Detention Credit Is Mandatory and Must Be Precisely Calculated

Date: Sep 10, 2025

State v. Shewalter: Continuous Officer‑Documented Noncompliance Can Extinguish All Elapsed “Street Time”; Detention Credit Is Mandatory and Must Be Precisely Calculated Introduction In State v....

State v. Arvidson: Montana Supreme Court Narrows Direct Appellate Review of Ineffective Assistance to “Rare Instances” and Reaffirms the Oral‑Pronouncement Rule

Date: Sep 10, 2025

State v. Arvidson: Limiting Direct IAC Review to “Rare Instances” and Enforcing the Oral‑Pronouncement Rule Introduction In State v. Arvidson, 2025 MT 200, the Montana Supreme Court addressed two...

Non‑Signatory Client Can Compel Arbitration When a Contractor’s Agreement Incorporates the Client’s MSA and the Worker Assumes the Contractor’s Obligations

Date: Sep 10, 2025

Non‑Signatory Client Can Compel Arbitration When a Contractor’s Agreement Incorporates the Client’s MSA and the Worker Assumes the Contractor’s Obligations Introduction In Ford v. ConocoPhillips, the...

Summary Dissociation by Unanimous Vote Under § 35-8-803(1)(e)(i), MCA Includes Conduct That Would Force Fiduciary Breaches; Fair-Value Buyouts Must Consider Going-Concern Value

Date: Sep 10, 2025

Summary Dissociation by Unanimous Vote Under § 35-8-803(1)(e)(i), MCA Includes Conduct That Would Force Fiduciary Breaches; Fair-Value Buyouts Must Consider Going-Concern Value Introduction In Hebert...

Reaffirming Montana’s Postconviction Limits: Claims Raised or Raisable on Direct Appeal Are Barred; Probable Cause Defects Do Not Affect Subject-Matter Jurisdiction

Date: Sep 10, 2025

Reaffirming Montana’s Postconviction Limits: Claims Raised or Raisable on Direct Appeal Are Barred; Probable Cause Defects Do Not Affect Subject-Matter Jurisdiction Introduction In C. Hardy v. State,...

Bailey’s Spatial Constraint Does Not Bar a Probation Officer from Directing a Supervised-Releasee Home During Execution of a Residential Warrant

Date: Sep 10, 2025

Bailey’s Spatial Constraint Does Not Bar a Probation Officer from Directing a Supervised-Releasee Home During Execution of a Residential Warrant Introduction In United States v. Matthew Scott Rocco,...

Commissary Purchases as Evidence of Sincerity: Eleventh Circuit Affirms Qualified Immunity for Removing Inmate from Religious Vegan Diet; Denial of Vegan Shoes/Commissary Not a RLUIPA “Substantial Burden”; Reenrollment Moors Injunctive Relief

Date: Sep 10, 2025

Commissary Purchases as Evidence of Sincerity: Eleventh Circuit Affirms Qualified Immunity for Removing Inmate from Religious Vegan Diet; Denial of Vegan Shoes/Commissary Not a RLUIPA “Substantial...

Timing and Audience as “Guardrails” for Political Purpose: Tenth Circuit Upholds New Mexico’s Pre‑Election Donor Disclosure for Mention‑Only Ads

Date: Sep 10, 2025

Timing and Audience as “Guardrails” for Political Purpose: Tenth Circuit Upholds New Mexico’s Pre‑Election Donor Disclosure for Mention‑Only Ads Introduction In Rio Grande Foundation v. Oliver, the...

Medication Conditions Are Ripe When Tethered to an Unsupported Mandatory Treatment Condition: Fifth Circuit Vacates Mental-Health Special Conditions for Lack of Record Support

Date: Sep 10, 2025

Medication Conditions Are Ripe When Tethered to an Unsupported Mandatory Treatment Condition: Fifth Circuit Vacates Mental-Health Special Conditions for Lack of Record Support Introduction In United...

No Shortcuts to Sovereign Immunity: Nebraska Supreme Court Requires a Developed Record Before Applying PSTCA Due Care or Discretionary Function Immunity at the Pleadings Stage

Date: Sep 9, 2025

No Shortcuts to Sovereign Immunity: Nebraska Supreme Court Requires a Developed Record Before Applying PSTCA Due Care or Discretionary Function Immunity at the Pleadings Stage Introduction In Larsen...

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