application-of-the-sixth-amendment& Case Commentaries

Double-Waiver Forecloses Interlocutory Arbitration Appeal in Bankruptcy: Sixth Circuit Affirms Where Appellants Neither Preserved the Arbitration Agreement Nor Challenged Bankruptcy-Conflict Grounds

Date: Jul 17, 2025

Double-Waiver Forecloses Interlocutory Arbitration Appeal in Bankruptcy: Sixth Circuit Affirms Where Appellants Neither Preserved the Arbitration Agreement Nor Challenged Bankruptcy-Conflict Grounds...

Actual Physical Residency at Time of Receipt Required to Invoke South Dakota’s Anti‑Spam Statute: Commentary on Lapin v. Zeetogroup (2025 S.D. 36)

Date: Jul 17, 2025

Actual Physical Residency at Time of Receipt Required to Invoke South Dakota’s Anti‑Spam Statute: Lapin v. Zeetogroup (2025 S.D. 36) Court: Supreme Court of South Dakota | Date: July 16, 2025 |...

Clarifying the Franks Threshold and “Mere Tipster” Privilege: Seventh Circuit Affirms Probable Cause Built on a Corroborated, In‑Person CI Appearance

Date: Jul 17, 2025

Clarifying the Franks Threshold and “Mere Tipster” Privilege: Seventh Circuit Affirms Probable Cause Built on a Corroborated, In‑Person CI Appearance Introduction In United States v. Deandre Maxwell...

Causation Required for Juvenile Restitution: South Dakota Aligns Delinquency Restitution with Adult Standard in In re Interest of J.W. (2025 S.D. 38)

Date: Jul 17, 2025

Causation Required for Juvenile Restitution: South Dakota Aligns Delinquency Restitution with Adult Standard in In re Interest of J.W. (2025 S.D. 38) Introduction In In the Interest of J.W., 2025...

Courts Are Not Agencies: Loper Bright Does Not Trigger Minnesota’s Postconviction “New Interpretation of Law” Exception and the Two-Year Time Bar Remains Strict

Date: Jul 17, 2025

Courts Are Not Agencies: Loper Bright Does Not Trigger Minnesota’s Postconviction “New Interpretation of Law” Exception and the Two-Year Time Bar Remains Strict Introduction In Nantambu Noah Kambon...

Eleventh Circuit Validates “Good-Cause” Tenure for Administrative Law Judges – Commentary on Walmart, Inc. v. King (2025)

Date: Jul 17, 2025

Eleventh Circuit Validates “Good-Cause” Tenure for Administrative Law Judges A Commentary on Walmart, Inc. v. Chief ALJ (OCAHO), 24-11733 (11th Cir. 2025) 1. Introduction In Walmart, Inc. v. King,...

Sixth Circuit Clarifies Narrow Judicial Review of I‑751 Good‑Faith Marriage Waivers: Credibility and Weight-of-Evidence Challenges Are Unreviewable

Date: Jul 17, 2025

Sixth Circuit Clarifies Narrow Judicial Review of I‑751 Good‑Faith Marriage Waivers: Credibility and Weight-of-Evidence Challenges Are Unreviewable Introduction In Nathaniel Kumedzro v. Pamela Bondi,...

Sixth Circuit Clarifies No Shortcuts Under Daubert or the TPLA: Expertise Must Match the Theory; Malfunction Theory and Consumer-Expectation Shortcuts Fail for Complex Medical Implants

Date: Jul 17, 2025

Sixth Circuit Clarifies No Shortcuts Under Daubert or the TPLA: Expertise Must Match the Theory; Malfunction Theory and Consumer-Expectation Shortcuts Fail for Complex Medical Implants Case: Joseph...

Two-Year Medical Malpractice Repose Means Two Calendar Years Ending the Day Before the Anniversary: Paulsen v. Avera McKennan

Date: Jul 17, 2025

Two-Year Medical Malpractice Repose Means Two Calendar Years Ending the Day Before the Anniversary: Paulsen v. Avera McKennan Introduction In Paulsen v. Avera McKennan, 2025 S.D. 37, the South Dakota...

No Shortcuts After Alston: Seventh Circuit Requires Independent Market Proof and Competitive Harm for NCAA Eligibility Challenges

Date: Jul 17, 2025

No Shortcuts After Alston: Seventh Circuit Requires Independent Market Proof and Competitive Harm for NCAA Eligibility Challenges Introduction In Nyzier Fourqurean v. National Collegiate Athletic...

Reaffirming Carlson’s Core: Seventh Circuit Keeps Federal Prison Medical‑Care Claims Within Bivens and Clarifies FTCA Equitable Tolling (including the Prison‑Mailbox Rule) at the Pleadings Stage

Date: Jul 17, 2025

Reaffirming Carlson’s Core: Seventh Circuit Keeps Federal Prison Medical‑Care Claims Within Bivens and Clarifies FTCA Equitable Tolling (including the Prison‑Mailbox Rule) at the Pleadings Stage...

Angel v. Strulovich: Three-Year Conversion Limitations Controls Conversion‑Based Constructive Trust Claims; Accrual at Initial Withholding of Investment Funds

Date: Jul 17, 2025

Angel v. Strulovich: Three-Year Conversion Limitations Controls Conversion‑Based Constructive Trust Claims; Accrual at Initial Withholding of Investment Funds Introduction In Angel v. Strulovich...

Disbarment for Misappropriating Employer Funds While Suspended: Prior Similar Discipline and Noncooperation Warrant the Ultimate Sanction Even Absent an 8.4(b) Allegation

Date: Jul 17, 2025

Disbarment for Misappropriating Employer Funds While Suspended: Prior Similar Discipline and Noncooperation Warrant the Ultimate Sanction Even Absent an 8.4(b) Allegation Introduction In In re...

No “Unlawful Conduct” Carve‑Out to Minnesota’s Reporter Shield; Privilege Logs Permissible Under the MFFIA

Date: Jul 17, 2025

No “Unlawful Conduct” Carve‑Out to Minnesota’s Reporter Shield; Privilege Logs Permissible Under the MFFIA Court: Supreme Court of Minnesota Case: Energy Transfer LP (formerly known as Energy...

Appellate Deference to DSM‑5‑TR–Based PTSD Diagnoses; Mootness Bars Consequential OSTD Claims; Frivolous Denials Penalized — Commentary on Peterson v. City of Minneapolis

Date: Jul 17, 2025

Appellate Deference to DSM‑5‑TR–Based PTSD Diagnoses; Mootness Bars Consequential OSTD Claims; Frivolous Denials Penalized Introduction In Lucas Peterson v. City of Minneapolis, Self-Insured, 23...

Limiting Dobbs: Minnesota Supreme Court Holds “New Interpretation” Exception Requires Case‑Specific Applicability; Untimely Postconviction Claims Not Revived by Abortion Jurisprudence

Date: Jul 17, 2025

Limiting Dobbs: Minnesota Supreme Court Holds “New Interpretation” Exception Requires Case‑Specific Applicability; Untimely Postconviction Claims Not Revived by Abortion Jurisprudence Introduction In...

Reasonable, Not Merely Possible: Seventh Circuit Clarifies the Franks “Substantial Preliminary Showing” and Affirms Informant‑Based Probable Cause

Date: Jul 17, 2025

Reasonable, Not Merely Possible: Seventh Circuit Clarifies the Franks “Substantial Preliminary Showing” and Affirms Informant‑Based Probable Cause Introduction In this consolidated appeal from the...

Allegiance, Not Dangerousness: Seventh Circuit Upholds § 922(g)(5)(A) Under Bruen and Forecloses As‑Applied Challenges by Unlawfully Present Aliens

Date: Jul 17, 2025

Allegiance, Not Dangerousness: Seventh Circuit Upholds § 922(g)(5)(A) Under Bruen and Forecloses As‑Applied Challenges by Unlawfully Present Aliens Introduction In United States v. Heriberto...

USPS Change‑of‑Address as Due Diligence: Second Department Clarifies CPLR 308(4) “Affix-and-Mail” and the Burden to Rebut Proper Service

Date: Jul 17, 2025

USPS Change‑of‑Address as Due Diligence: Second Department Clarifies CPLR 308(4) “Affix-and-Mail” and the Burden to Rebut Proper Service Case: PNMAC Mortgage Opportunity Fund Investors, LLC v....

School-Observed Injury as Corroboration and Untreated Mental Illness as Independent Grounds for Neglect: Second Department’s Dual-Track Affirmance in Matter of Zaria P. (Sade G.)

Date: Jul 17, 2025

School-Observed Injury as Corroboration and Untreated Mental Illness as Independent Grounds for Neglect: Second Department’s Dual-Track Affirmance in Matter of Zaria P. (Sade G.) Introduction In...

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