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clarifying-state-action-doctrine:-acgme&amp Case Commentaries

“Reinforcing Objectivity”: Eleventh Circuit Clarifies the “Substantial-Evidence” Standard for Aesthetic Denials under the Telecommunications Act

“Reinforcing Objectivity”: Eleventh Circuit Clarifies the “Substantial-Evidence” Standard for Aesthetic Denials under the Telecommunications Act

Date: Aug 15, 2025
“Reinforcing Objectivity”: Eleventh Circuit Clarifies the “Substantial-Evidence” Standard for Aesthetic Denials under the Telecommunications Act Introduction In Gulfstream Towers, LLC v. Brevard...
Clarifying the “Prone-but-Uncuffed” Threshold: Excessive-Force Parameters Re-Drawn in Roe v. Redmond & Maertz (11th Cir. 2025)

Clarifying the “Prone-but-Uncuffed” Threshold: Excessive-Force Parameters Re-Drawn in Roe v. Redmond & Maertz (11th Cir. 2025)

Date: Aug 15, 2025
Clarifying the “Prone-but-Uncuffed” Threshold: Excessive-Force Parameters Re-Drawn in Roe v. Redmond & Maertz (11th Cir. 2025) 1. Introduction In August 2020 Clay County (Florida) deputies attempted...
“If the Motion Is Not Properly Filed, the Claim Is Waived” – The Eleventh Circuit’s Clarification of Speedy-Trial Waiver and COVID-Related Delay in United States v. Francisco Louis

“If the Motion Is Not Properly Filed, the Claim Is Waived” – The Eleventh Circuit’s Clarification of Speedy-Trial Waiver and COVID-Related Delay in United States v. Francisco Louis

Date: Aug 15, 2025
“If the Motion Is Not Properly Filed, the Claim Is Waived” – The Eleventh Circuit’s Clarification of Speedy-Trial Waiver and COVID-Related Delay in United States v. Francisco Louis 1. Introduction In...
The “Direct-Connection” Doctrine: Sixth Circuit Confirms FCC Authority to Mandate PII-Breach Reporting and Clarifies the Scope of CRA Disapprovals

The “Direct-Connection” Doctrine: Sixth Circuit Confirms FCC Authority to Mandate PII-Breach Reporting and Clarifies the Scope of CRA Disapprovals

Date: Aug 15, 2025
The “Direct-Connection” Doctrine: Sixth Circuit Confirms FCC Authority to Mandate PII-Breach Reporting and Clarifies the Scope of CRA Disapprovals Introduction In CTIA – The Wireless Association v....
The Sixth Circuit’s Two-Step Test for Affiliated Ute in Mixed Securities-Fraud Cases – Commentary on Diane Owens v. FirstEnergy Corp.

The Sixth Circuit’s Two-Step Test for Affiliated Ute in Mixed Securities-Fraud Cases – Commentary on Diane Owens v. FirstEnergy Corp.

Date: Aug 15, 2025
The Sixth Circuit’s Two-Step Test for Applying the Affiliated Ute Presumption in Mixed Omission / Misrepresentation Securities-Fraud Actions 1. Introduction In Diane Owens v. FirstEnergy Corporation,...
Mixed Securities-Fraud Actions After Owens v. FirstEnergy: The Sixth Circuit’s Two-Step Test for Affiliated Ute and the Reaffirmed Comcast Damages Mandate

Mixed Securities-Fraud Actions After Owens v. FirstEnergy: The Sixth Circuit’s Two-Step Test for Affiliated Ute and the Reaffirmed Comcast Damages Mandate

Date: Aug 15, 2025
Mixed Securities-Fraud Actions After Owens v. FirstEnergy: The Sixth Circuit’s Two-Step Test for Affiliated Ute and the Reaffirmed Comcast Damages Mandate 1. Introduction In Diane Owens v....
The Sixth Circuit’s Two-Step Test for Affiliated Ute in Mixed Securities-Fraud Actions: Commentary on Diane Owens v. FirstEnergy Corp.

The Sixth Circuit’s Two-Step Test for Affiliated Ute in Mixed Securities-Fraud Actions: Commentary on Diane Owens v. FirstEnergy Corp.

Date: Aug 15, 2025
The Sixth Circuit’s Two-Step Test for Affiliated Ute in Mixed Securities-Fraud Actions (Commentary on Diane Owens v. FirstEnergy Corporation, 23-3940/3943/3945/3946/3947, 6th Cir. Aug. 13 2025) 1....
Refining Reliance: Sixth Circuit Establishes Two-Step, Four-Factor Framework for Affiliated Ute Presumption in Mixed Securities-Fraud Cases

Refining Reliance: Sixth Circuit Establishes Two-Step, Four-Factor Framework for Affiliated Ute Presumption in Mixed Securities-Fraud Cases

Date: Aug 15, 2025
Refining Reliance: Sixth Circuit Establishes Two-Step, Four-Factor Framework for Affiliated Ute Presumption in Mixed Securities-Fraud Cases Introduction In Diane Owens v. FirstEnergy Corporation, the...
“Primarily Omissions” Re-Defined: Sixth Circuit’s Two-Step Test for Affiliated Ute and Rigorous Comcast Damages Review in Diane Owens v. FirstEnergy

“Primarily Omissions” Re-Defined: Sixth Circuit’s Two-Step Test for Affiliated Ute and Rigorous Comcast Damages Review in Diane Owens v. FirstEnergy

Date: Aug 15, 2025
“Primarily Omissions” Re-Defined: Sixth Circuit’s Two-Step Test for Affiliated Ute and Rigorous Comcast Damages Review in Diane Owens v. FirstEnergy 1. Introduction The United States Court of Appeals...
Reaffirming Exhaustion via Ginther Motions: Sixth Circuit Clarifies § 2254 Procedure in Fischer v. Nagy

Reaffirming Exhaustion via Ginther Motions: Sixth Circuit Clarifies § 2254 Procedure in Fischer v. Nagy

Date: Aug 15, 2025
Reaffirming Exhaustion via Ginther Motions: Sixth Circuit Clarifies § 2254 Procedure in Fischer v. Nagy 1 Introduction The United States Court of Appeals for the Sixth Circuit has once again...
Heiney v. Moore: Sixth Circuit Declines to Extend the Adams “Entire-Transcript” Rule to Trial Exhibits in § 2254 Habeas Review

Heiney v. Moore: Sixth Circuit Declines to Extend the Adams “Entire-Transcript” Rule to Trial Exhibits in § 2254 Habeas Review

Date: Aug 15, 2025
Heiney v. Moore: Sixth Circuit Declines to Extend the Adams “Entire-Transcript” Rule to Trial Exhibits in § 2254 Habeas Review Introduction Jake Paul Heiney, an orthopedic surgeon convicted in Ohio...
Beyond CPNI: Sixth Circuit Confirms FCC’s § 201(b) Power to Regulate PII Breach Reporting and Narrows the CRA “Substantially-the-Same” Bar

Beyond CPNI: Sixth Circuit Confirms FCC’s § 201(b) Power to Regulate PII Breach Reporting and Narrows the CRA “Substantially-the-Same” Bar

Date: Aug 15, 2025
Beyond CPNI: Sixth Circuit Confirms FCC’s § 201(b) Power to Regulate PII Breach Reporting and Narrows the CRA “Substantially-the-Same” Bar Introduction In Ohio Telecom Association v. FCC, Nos....
Re-affirming Nexus and Particular-Social-Group Precision: The Significance of Aguilar-Mejia v. Bondi (6th Cir. 2025)

Re-affirming Nexus and Particular-Social-Group Precision: The Significance of Aguilar-Mejia v. Bondi (6th Cir. 2025)

Date: Aug 15, 2025
Re-affirming Nexus and Particular-Social-Group Precision: Aguilar-Mejia v. Bondi and the Sixth Circuit’s 2025 Guidance on Gang-Related Asylum Claims 1. Introduction Case: Pedro Aguilar-Mejia v....
Broad Authority Confirmed: Sixth Circuit Affirms FCC Power under § 201(b) to Mandate Data-Breach Reporting of PII

Broad Authority Confirmed: Sixth Circuit Affirms FCC Power under § 201(b) to Mandate Data-Breach Reporting of PII

Date: Aug 15, 2025
Broad Authority Confirmed: Sixth Circuit Affirms FCC Power under § 201(b) to Mandate Data-Breach Reporting of PII Introduction Texas Association of Business v. FCC consolidates three petitions for...
Sixth Circuit Clarifies that Umbrella Policies Do Not “Drop-Down” to Provide Underinsured-Motorist Coverage Absent Clear Incorporation Language

Sixth Circuit Clarifies that Umbrella Policies Do Not “Drop-Down” to Provide Underinsured-Motorist Coverage Absent Clear Incorporation Language

Date: Aug 15, 2025
Sixth Circuit Clarifies that Umbrella Policies Do Not “Drop-Down” to Provide Underinsured-Motorist Coverage Absent Clear Incorporation Language Introduction Thomas Rable, as administrator of the...
“The Mercer-Kinser Rule” –  Sixth Circuit Endorses Use of Bookmarks and Sexualized Texts to Prove Knowledge and Intent in Digital-Age Child-Pornography Prosecutions

“The Mercer-Kinser Rule” – Sixth Circuit Endorses Use of Bookmarks and Sexualized Texts to Prove Knowledge and Intent in Digital-Age Child-Pornography Prosecutions

Date: Aug 15, 2025
“The Mercer-Kinser Rule” – Sixth Circuit Endorses Use of Bookmarks and Sexualized Texts to Prove Knowledge and Intent in Digital-Age Child-Pornography Prosecutions 1. Introduction United States v....
United States v. Martinez: The Tenth Circuit’s Firm Line on Suppression-Motion Waiver and the Ongoing Constitutionality of 18 U.S.C. § 922(g)(1) After Rahimi

United States v. Martinez: The Tenth Circuit’s Firm Line on Suppression-Motion Waiver and the Ongoing Constitutionality of 18 U.S.C. § 922(g)(1) After Rahimi

Date: Aug 15, 2025
United States v. Martinez: The Tenth Circuit’s Firm Line on Suppression-Motion Waiver and the Ongoing Constitutionality of 18 U.S.C. § 922(g)(1) After Rahimi Introduction United States v. Martinez,...
Safeguarding the Residential Status Quo:  Byron v. Rainbow Estates HOA and the Stringent Application of Montana’s Preliminary-Injunction Test in Covenant–Enforcement Disputes

Safeguarding the Residential Status Quo: Byron v. Rainbow Estates HOA and the Stringent Application of Montana’s Preliminary-Injunction Test in Covenant–Enforcement Disputes

Date: Aug 15, 2025
Safeguarding the Residential Status Quo: Byron v. Rainbow Estates HOA and the Stringent Application of Montana’s Preliminary-Injunction Test in Covenant–Enforcement Disputes 1. Introduction Byron v....
Montana Supreme Court Clarifies Curative Effect of Post-Hearing Findings on Premature Ex Parte Third-Party Parenting Orders – Commentary on In re Parenting of D.C.S., 2025 MT 179

Montana Supreme Court Clarifies Curative Effect of Post-Hearing Findings on Premature Ex Parte Third-Party Parenting Orders – Commentary on In re Parenting of D.C.S., 2025 MT 179

Date: Aug 15, 2025
Montana Supreme Court Clarifies Curative Effect of Post-Hearing Findings on Premature Ex Parte Third-Party Parenting Orders A Commentary on In re Parenting of D.C.S., 2025 MT 179 (DA 24-0547) 1....
Jackson v. Jackson: Montana High Court Confirms Right to Discovery & Hearing Once “Changed Circumstances” Are Plausibly Alleged in Child-Support Modifications

Jackson v. Jackson: Montana High Court Confirms Right to Discovery & Hearing Once “Changed Circumstances” Are Plausibly Alleged in Child-Support Modifications

Date: Aug 15, 2025
Jackson v. Jackson: Montana High Court Confirms Right to Discovery & Hearing Once “Changed Circumstances” Are Plausibly Alleged in Child-Support Modifications 1. Introduction The Montana Supreme...
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