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clarifying-the-& Case Commentaries

Banking Enforcement as a Public Right: Fifth Circuit Holds No Seventh Amendment Jury in § 1818 Proceedings and Ties Limitations Accrual to Agency Determination (Ortega v. OCC)

Banking Enforcement as a Public Right: Fifth Circuit Holds No Seventh Amendment Jury in § 1818 Proceedings and Ties Limitations Accrual to Agency Determination (Ortega v. OCC)

Date: Sep 9, 2025
Banking Enforcement as a Public Right: Fifth Circuit Holds No Seventh Amendment Jury in § 1818 Proceedings and Ties Limitations Accrual to Agency Determination Ortega v. Office of the Comptroller of...
Per-Claimant Occurrence Controls Known-Loss Exclusion: First Circuit Requires Defense of Class Action Where Post-Inception Damages Are Separate Occurrences Under Massachusetts Law

Per-Claimant Occurrence Controls Known-Loss Exclusion: First Circuit Requires Defense of Class Action Where Post-Inception Damages Are Separate Occurrences Under Massachusetts Law

Date: Sep 9, 2025
Per-Claimant Occurrence Controls Known-Loss Exclusion: First Circuit Requires Defense of Class Action Where Post-Inception Damages Are Separate Occurrences Under Massachusetts Law Introduction In...
No Vested Right Without a Valid Permit: Sixth Circuit Affirms No Due Process or Takings Liability for Stop‑Work Order Based on Defective Application

No Vested Right Without a Valid Permit: Sixth Circuit Affirms No Due Process or Takings Liability for Stop‑Work Order Based on Defective Application

Date: Sep 9, 2025
No Vested Right Without a Valid Permit: Sixth Circuit Affirms No Due Process or Takings Liability for Stop‑Work Order Based on Defective Application Court: U.S. Court of Appeals for the Sixth Circuit...
No Presumption of Juror Misconduct from Non‑Daily Admonitions; Smith’s Jury-Admonition Guidelines Reaffirmed and Modernized — Ushery v. State (Del. 2025)

No Presumption of Juror Misconduct from Non‑Daily Admonitions; Smith’s Jury-Admonition Guidelines Reaffirmed and Modernized — Ushery v. State (Del. 2025)

Date: Sep 9, 2025
No Presumption of Juror Misconduct from Non‑Daily Admonitions; Smith’s Jury‑Admonition Guidelines Reaffirmed and Modernized — Ushery v. State (Del. 2025) Introduction In Ushery v. State (Del. Sept....
Harvey v. City of Reno: Abutter Access Is Limited to Easement by Necessity; No Prescriptive Rights Against the State; and Courts May Judicially Notice Recorded Highway Records on a Motion to Dismiss

Harvey v. City of Reno: Abutter Access Is Limited to Easement by Necessity; No Prescriptive Rights Against the State; and Courts May Judicially Notice Recorded Highway Records on a Motion to Dismiss

Date: Sep 9, 2025
Harvey v. City of Reno: Abutter Access Is Limited to Easement by Necessity; No Prescriptive Rights Against the State; and Courts May Judicially Notice Recorded Highway Records on a Motion to Dismiss...
When a Vehicle Poses a Traffic Hazard, Police May Impound and Conduct a Caretaking Search Without Sanders Analysis — United States v. Brown (10th Cir. 2025)

When a Vehicle Poses a Traffic Hazard, Police May Impound and Conduct a Caretaking Search Without Sanders Analysis — United States v. Brown (10th Cir. 2025)

Date: Sep 9, 2025
When a Vehicle Poses a Traffic Hazard, Police May Impound and Conduct a Caretaking Search Without Sanders Analysis — United States v. Brown (10th Cir. 2025) Introduction In United States v. Brown,...
Nevada Supreme Court bars “comparable verdicts” in excessive-damages review and reaffirms full contingency-fee recovery under NRCP 68: Bellomo v. Roybal

Nevada Supreme Court bars “comparable verdicts” in excessive-damages review and reaffirms full contingency-fee recovery under NRCP 68: Bellomo v. Roybal

Date: Sep 9, 2025
Nevada Supreme Court bars “comparable verdicts” in excessive-damages review and reaffirms full contingency-fee recovery under NRCP 68: Bellomo v. Roybal Introduction In Bellomo v. Roybal, the Supreme...
Proper Parties, Proper Relief: Fourth Circuit Bars State Standing to Enjoin Federal Workforce Reductions Based on Missed RIF Notice

Proper Parties, Proper Relief: Fourth Circuit Bars State Standing to Enjoin Federal Workforce Reductions Based on Missed RIF Notice

Date: Sep 9, 2025
Proper Parties, Proper Relief: Fourth Circuit Bars State Standing to Enjoin Federal Workforce Reductions Based on Missed RIF Notice Case: State of Maryland v. USDA (consolidated appeals Nos. 25-1248...
Medication-Compliance Clarifications and Reasonable‑Suspicion Digital‑Search Conditions on Supervised Release: The Second Circuit’s Guidance in United States v. Woods (Summary Order)

Medication-Compliance Clarifications and Reasonable‑Suspicion Digital‑Search Conditions on Supervised Release: The Second Circuit’s Guidance in United States v. Woods (Summary Order)

Date: Sep 9, 2025
Medication-Compliance Clarifications and Reasonable‑Suspicion Digital‑Search Conditions on Supervised Release: The Second Circuit’s Guidance in United States v. Woods (Summary Order) Court: U.S....
No Texas Insurance Tort Recovery After Full Appraisal Payment Absent Independent Injury; “Excusable Neglect” Can Save a Late Notice of Appeal — Commentary on Wilhite v. Ark Royal (5th Cir. 2025)

No Texas Insurance Tort Recovery After Full Appraisal Payment Absent Independent Injury; “Excusable Neglect” Can Save a Late Notice of Appeal — Commentary on Wilhite v. Ark Royal (5th Cir. 2025)

Date: Sep 9, 2025
No Texas Insurance Tort Recovery After Full Appraisal Payment Absent Independent Injury; “Excusable Neglect” Can Save a Late Notice of Appeal — Commentary on Wilhite v. Ark Royal (5th Cir. 2025)...
Rudolph’s Rules: Tenth Circuit Defines § 3238 Venue for Extraterritorial Crimes and Confirms Forfeiture of Interest, Dividends, and Appreciation

Rudolph’s Rules: Tenth Circuit Defines § 3238 Venue for Extraterritorial Crimes and Confirms Forfeiture of Interest, Dividends, and Appreciation

Date: Sep 9, 2025
Rudolph’s Rules: Tenth Circuit Defines § 3238 Venue for Extraterritorial Crimes and Confirms Forfeiture of Interest, Dividends, and Appreciation Introduction In United States v. Rudolph, No. 23-1278...
Invited Error Bars Challenge to Mislabeling a Georgia First Offender Disposition; Prior Methamphetamine Possession Admissible Under Rule 404(b) to Prove Intent

Invited Error Bars Challenge to Mislabeling a Georgia First Offender Disposition; Prior Methamphetamine Possession Admissible Under Rule 404(b) to Prove Intent

Date: Sep 9, 2025
Invited Error Bars Challenge to Mislabeling a Georgia First Offender Disposition; Prior Methamphetamine Possession Admissible Under Rule 404(b) to Prove Intent Case: United States v. Jorge Rodriguez...
Almentero: No Fundamental Error from “And/Or” Predicate Felonies or Multi‑Victim Aiding‑and‑Abetting; Second‑Degree Not Required to Supply Causation in Felony‑Murder Instructions

Almentero: No Fundamental Error from “And/Or” Predicate Felonies or Multi‑Victim Aiding‑and‑Abetting; Second‑Degree Not Required to Supply Causation in Felony‑Murder Instructions

Date: Sep 9, 2025
Almentero: No Fundamental Error from “And/Or” Predicate Felonies or Multi‑Victim Aiding‑and‑Abetting; Second‑Degree Not Required to Supply Causation in Felony‑Murder Instructions Case: State v....
UTPA Administrative Subpoenas in Alaska: Probable Cause Not Required; Anonymous Tip With Corroboration Suffices To Support Attorney General’s Subpoena

UTPA Administrative Subpoenas in Alaska: Probable Cause Not Required; Anonymous Tip With Corroboration Suffices To Support Attorney General’s Subpoena

Date: Sep 8, 2025
UTPA Administrative Subpoenas in Alaska: Probable Cause Not Required; Anonymous Tip With Corroboration Suffices To Support Attorney General’s Subpoena Case: Business Doe, LLC v. State of Alaska, No....
Connecticut High Court Clarifies Broker’s Post‑Placement Duties: No Duty to Relay Nonrenewal Absent Undertaking; Longstanding Relationship Alone Is Insufficient

Connecticut High Court Clarifies Broker’s Post‑Placement Duties: No Duty to Relay Nonrenewal Absent Undertaking; Longstanding Relationship Alone Is Insufficient

Date: Sep 8, 2025
Connecticut High Court Clarifies Broker’s Post‑Placement Duties: No Duty to Relay Nonrenewal Absent Undertaking; Longstanding Relationship Alone Is Insufficient Introduction In Deer v. National...
Connecticut Supreme Court Clarifies: No Post‑Procurement Common‑Law Duty for Insurance Agents To Warn of Impending Cancellation/Nonrenewal; Dissent Proposes a Continuing Duty To Inform

Connecticut Supreme Court Clarifies: No Post‑Procurement Common‑Law Duty for Insurance Agents To Warn of Impending Cancellation/Nonrenewal; Dissent Proposes a Continuing Duty To Inform

Date: Sep 8, 2025
Connecticut Supreme Court Clarifies: No Post‑Procurement Common‑Law Duty for Insurance Agents To Warn of Impending Cancellation/Nonrenewal; Dissent Proposes a Continuing Duty To Inform Note: This...
Hawai‘i Supreme Court Clarifies Condo Resale Disclosures: Managing Agents Must Provide Online Downloads at No Cost and Must Produce Resale-Specific Documents

Hawai‘i Supreme Court Clarifies Condo Resale Disclosures: Managing Agents Must Provide Online Downloads at No Cost and Must Produce Resale-Specific Documents

Date: Sep 8, 2025
Hawai‘i Supreme Court Clarifies Condo Resale Disclosures: Managing Agents Must Provide Online Downloads at No Cost and Must Produce Resale-Specific Documents Introduction In Caven, Jr. v. Certified...
CZMA’s Statewide Reach Defines Environmental Due Process: Agencies Must Hold Contested Case Hearings Before Renewing Revocable Permits; Environmental Courts May Modify Permits on HRS § 91‑14 Review

CZMA’s Statewide Reach Defines Environmental Due Process: Agencies Must Hold Contested Case Hearings Before Renewing Revocable Permits; Environmental Courts May Modify Permits on HRS § 91‑14 Review

Date: Sep 8, 2025
CZMA’s Statewide Reach Defines Environmental Due Process: Agencies Must Hold Contested Case Hearings Before Renewing Revocable Permits; Environmental Courts May Modify Permits on HRS § 91‑14 Review...
No Constructive Amendment From Alternative MNPI Inferences; SDNY Venue Firmly Grounded for Nasdaq Trades: Commentary on United States v. Dagar (2d Cir. 2025)

No Constructive Amendment From Alternative MNPI Inferences; SDNY Venue Firmly Grounded for Nasdaq Trades: Commentary on United States v. Dagar (2d Cir. 2025)

Date: Sep 8, 2025
No Constructive Amendment From Alternative MNPI Inferences; SDNY Venue Firmly Grounded for Nasdaq Trades: Commentary on United States v. Dagar (2d Cir. 2025) Note on precedential status: The decision...
Oral Pronouncement or Express Incorporation Required for “Standard” Supervised Release Conditions; Defendant-Requested Special Conditions Are Waived: Commentary on United States v. Wilson (2d Cir. 2025)

Oral Pronouncement or Express Incorporation Required for “Standard” Supervised Release Conditions; Defendant-Requested Special Conditions Are Waived: Commentary on United States v. Wilson (2d Cir. 2025)

Date: Sep 8, 2025
Oral Pronouncement or Express Incorporation Required for “Standard” Supervised Release Conditions; Defendant-Requested Special Conditions Are Waived: Commentary on United States v. Wilson (2d Cir....
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