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defining-& Case Commentaries

Girasole v. Paws Up: Inherent Risk Defines Duty—No Liability Without Atypical Hazards or Statutory Exception Under Montana’s Equine Activities Act

Girasole v. Paws Up: Inherent Risk Defines Duty—No Liability Without Atypical Hazards or Statutory Exception Under Montana’s Equine Activities Act

Date: Aug 31, 2025
Girasole v. Paws Up: Inherent Risk Defines Duty—No Liability Without Atypical Hazards or Statutory Exception Under Montana’s Equine Activities Act Introduction In Girasole v. Paws Up, the Supreme...
Logical Inferences Must Be Record‑Rooted: Montana Supreme Court Clarifies the “Some Evidence” Threshold for Self‑Defense Jury Instructions in State v. Holcomb (2025 MT 190)

Logical Inferences Must Be Record‑Rooted: Montana Supreme Court Clarifies the “Some Evidence” Threshold for Self‑Defense Jury Instructions in State v. Holcomb (2025 MT 190)

Date: Aug 31, 2025
Logical Inferences Must Be Record‑Rooted: Montana Supreme Court Clarifies the “Some Evidence” Threshold for Self‑Defense Jury Instructions in State v. Holcomb (2025 MT 190) Introduction In State v....
Email Notice Counts: Montana Supreme Court Clarifies PFO Notice “Given” Need Not Be Filed by the Omnibus Deadline and Minor Tardiness Does Not Mandate Reversal Absent Prejudice

Email Notice Counts: Montana Supreme Court Clarifies PFO Notice “Given” Need Not Be Filed by the Omnibus Deadline and Minor Tardiness Does Not Mandate Reversal Absent Prejudice

Date: Aug 31, 2025
Email Notice Counts: Montana Supreme Court Clarifies PFO Notice “Given” Need Not Be Filed by the Omnibus Deadline and Minor Tardiness Does Not Mandate Reversal Absent Prejudice Case Comment: State v....
State v. Jacques (Conn. 2025): No Second Probable Cause Hearing After Appellate Reversal; Medical Memory Loss Does Not Defeat Confrontation or Whelan; Clarified Reliability Gatekeeping for Jailhouse Informants

State v. Jacques (Conn. 2025): No Second Probable Cause Hearing After Appellate Reversal; Medical Memory Loss Does Not Defeat Confrontation or Whelan; Clarified Reliability Gatekeeping for Jailhouse Informants

Date: Aug 31, 2025
State v. Jacques: Probable Cause Survives Appellate Suppression; Medical Memory Loss Does Not Bar Confrontation or Whelan; Reliability Threshold for Jailhouse Informants Affirmed Introduction In...
When the Record Is Not Enough: Hawai‘i Supreme Court Requires an EA as a Matter of Law for HEPA Exemptions Not Supported on the Face of the Agency Record

When the Record Is Not Enough: Hawai‘i Supreme Court Requires an EA as a Matter of Law for HEPA Exemptions Not Supported on the Face of the Agency Record

Date: Aug 31, 2025
When the Record Is Not Enough: Hawai‘i Supreme Court Requires an EA as a Matter of Law for HEPA Exemptions Not Supported on the Face of the Agency Record Introduction In Ke Kauhulu O Mānā v. Board of...
Post-Bruen Challenges to Pistol Permit Denials: Second Circuit Reaffirms Absolute Judicial Immunity and Eleventh Amendment Limits on Suits Against State Judges

Post-Bruen Challenges to Pistol Permit Denials: Second Circuit Reaffirms Absolute Judicial Immunity and Eleventh Amendment Limits on Suits Against State Judges

Date: Aug 31, 2025
Post-Bruen Challenges to Pistol Permit Denials: Second Circuit Reaffirms Absolute Judicial Immunity and Eleventh Amendment Limits on Suits Against State Judges Introduction This commentary analyzes...
Terminal-Only Mandates Are ANCA “Access Restrictions” Even If Valid Under the ADA’s Proprietor Exception: Commentary on Delux Public Charter v. County of Westchester (2d Cir. 2025, Summary Order)

Terminal-Only Mandates Are ANCA “Access Restrictions” Even If Valid Under the ADA’s Proprietor Exception: Commentary on Delux Public Charter v. County of Westchester (2d Cir. 2025, Summary Order)

Date: Aug 31, 2025
Terminal-Only Mandates Are ANCA “Access Restrictions” Even If Valid Under the ADA’s Proprietor Exception In Delux Public Charter v. County of Westchester, the Second Circuit (by summary order) held...
Self‑Evident Rationale and Reasonable‑Suspicion Digital Search Conditions on Supervised Release: The Second Circuit’s Affirmance in United States v. Miller

Self‑Evident Rationale and Reasonable‑Suspicion Digital Search Conditions on Supervised Release: The Second Circuit’s Affirmance in United States v. Miller

Date: Aug 31, 2025
Self‑Evident Rationale and Reasonable‑Suspicion Digital Search Conditions on Supervised Release: The Second Circuit’s Affirmance in United States v. Miller Note: This decision was issued as a Summary...
The Blocking-Date Rule: Second Circuit Holds TRIA “Agency or Instrumentality” Status Is Fixed as of the Date Assets Are Blocked, While Confirming FSIA Immunity for Central Bank Funds

The Blocking-Date Rule: Second Circuit Holds TRIA “Agency or Instrumentality” Status Is Fixed as of the Date Assets Are Blocked, While Confirming FSIA Immunity for Central Bank Funds

Date: Aug 31, 2025
The Blocking-Date Rule: Second Circuit Holds TRIA “Agency or Instrumentality” Status Is Fixed as of the Date Assets Are Blocked, While Confirming FSIA Immunity for Central Bank Funds Introduction...
Second Circuit Holds LoLA’s Six‑Month Deadline Is a Non‑Jurisdictional Claim‑Processing Rule; Untimely Petitions Must Be Dismissed Under Rule 12(b)(6)

Second Circuit Holds LoLA’s Six‑Month Deadline Is a Non‑Jurisdictional Claim‑Processing Rule; Untimely Petitions Must Be Dismissed Under Rule 12(b)(6)

Date: Aug 31, 2025
Second Circuit Holds LoLA’s Six‑Month Deadline Is a Non‑Jurisdictional Claim‑Processing Rule; Untimely Petitions Must Be Dismissed Under Rule 12(b)(6) Introduction This commentary analyzes the Second...
No Ratification Without Agreement to Be Bound: Second Circuit Clarifies Rule 17 in Trademark Suits and Limits Non‑Owner § 43(a) Standing When Enforcement Rights Are Assigned

No Ratification Without Agreement to Be Bound: Second Circuit Clarifies Rule 17 in Trademark Suits and Limits Non‑Owner § 43(a) Standing When Enforcement Rights Are Assigned

Date: Aug 31, 2025
No Ratification Without Agreement to Be Bound: Second Circuit Clarifies Rule 17 in Trademark Suits and Limits Non‑Owner § 43(a) Standing When Enforcement Rights Are Assigned Introduction In Ripple...
Brief-Detention Exception Clarified: Eleventh Circuit Allows Consideration of Uncommunicated Officer Knowledge to Uphold Warrant-Based Seizures for Qualified Immunity

Brief-Detention Exception Clarified: Eleventh Circuit Allows Consideration of Uncommunicated Officer Knowledge to Uphold Warrant-Based Seizures for Qualified Immunity

Date: Aug 31, 2025
Brief-Detention Exception Clarified: Eleventh Circuit Allows Consideration of Uncommunicated Officer Knowledge to Uphold Warrant-Based Seizures for Qualified Immunity Case: Brandon Joseph Phillips v....
Implicit Waiver of Counsel and the IJ’s Record-Development Duty: Eleventh Circuit Clarifies Due Process Baselines in Pro Se Removal Proceedings

Implicit Waiver of Counsel and the IJ’s Record-Development Duty: Eleventh Circuit Clarifies Due Process Baselines in Pro Se Removal Proceedings

Date: Aug 31, 2025
Implicit Waiver of Counsel and the IJ’s Record-Development Duty: Eleventh Circuit Clarifies Due Process Baselines in Pro Se Removal Proceedings Introduction In Keriekan Palmer v. U.S. Attorney...
Eleventh Circuit Clarifies: 28 U.S.C. § 1927 Does Not Reach Non‑Attorney Pro Se Litigants

Eleventh Circuit Clarifies: 28 U.S.C. § 1927 Does Not Reach Non‑Attorney Pro Se Litigants

Date: Aug 31, 2025
Eleventh Circuit Clarifies: 28 U.S.C. § 1927 Does Not Reach Non‑Attorney Pro Se Litigants Case: Laura Perryman v. Tarek Kiem, et al. (In re Micron Devices) Court: U.S. Court of Appeals for the...
Eleventh Circuit Clarifies: No § 7431 Liability Against Purely Private Actors Absent a Predicate § 6103/§ 6104(c) Violation

Eleventh Circuit Clarifies: No § 7431 Liability Against Purely Private Actors Absent a Predicate § 6103/§ 6104(c) Violation

Date: Aug 31, 2025
Eleventh Circuit Clarifies: No § 7431 Liability Against Purely Private Actors Absent a Predicate § 6103/§ 6104(c) Violation Case: Robert Winenger v. April Martin Lowry Court: United States Court of...
Waiver Means Tolling, Not Amnesty: Eleventh Circuit Clarifies Georgia Insurance Law on Suit-Limitation Waivers, “Prompt” Notice, and the Meaning of “Suspension” for Business-Income Coverage

Waiver Means Tolling, Not Amnesty: Eleventh Circuit Clarifies Georgia Insurance Law on Suit-Limitation Waivers, “Prompt” Notice, and the Meaning of “Suspension” for Business-Income Coverage

Date: Aug 31, 2025
Waiver Means Tolling, Not Amnesty: Eleventh Circuit Clarifies Georgia Insurance Law on Suit-Limitation Waivers, “Prompt” Notice, and the Meaning of “Suspension” for Business-Income Coverage...
Misplacing §1591(c)’s “Reasonable Opportunity to Observe” in Force-Based Sex-Trafficking Charges Is Surplusage; Invited Error Bars Review of Instructional Misstatements

Misplacing §1591(c)’s “Reasonable Opportunity to Observe” in Force-Based Sex-Trafficking Charges Is Surplusage; Invited Error Bars Review of Instructional Misstatements

Date: Aug 31, 2025
Misplacing §1591(c)’s “Reasonable Opportunity to Observe” in Force-Based Sex-Trafficking Charges Is Surplusage; Invited Error Bars Review of Instructional Misstatements Introduction This commentary...
No-Count Rule for Undated Mail Ballots Fails Anderson-Burdick: Third Circuit Requires Evidence-Backed Justifications for Even Minimal Voting Burdens

No-Count Rule for Undated Mail Ballots Fails Anderson-Burdick: Third Circuit Requires Evidence-Backed Justifications for Even Minimal Voting Burdens

Date: Aug 31, 2025
No-Count Rule for Undated Mail Ballots Fails Anderson-Burdick: Third Circuit Requires Evidence-Backed Justifications for Even Minimal Voting Burdens Case: Bette Eakin v. Adams County Board of...
No Eighth Amendment or ADA Violation Where Restrictive Housing of a Mentally Ill Inmate Is Tied to Specific Security Risks, Regular Review, Step‑Down Programming, and Ongoing Mental‑Health Care

No Eighth Amendment or ADA Violation Where Restrictive Housing of a Mentally Ill Inmate Is Tied to Specific Security Risks, Regular Review, Step‑Down Programming, and Ongoing Mental‑Health Care

Date: Aug 31, 2025
No Eighth Amendment or ADA Violation Where Restrictive Housing of a Mentally Ill Inmate Is Tied to Specific Security Risks, Regular Review, Step‑Down Programming, and Ongoing Mental‑Health Care...
The Services-and-Infrastructure Test: Third Circuit Clarifies FELA’s Reach and Excludes Urban Rapid Transit from “Railroad” Status

The Services-and-Infrastructure Test: Third Circuit Clarifies FELA’s Reach and Excludes Urban Rapid Transit from “Railroad” Status

Date: Aug 31, 2025
The Services-and-Infrastructure Test: Third Circuit Clarifies FELA’s Reach and Excludes Urban Rapid Transit from “Railroad” Status Introduction This precedential decision from the U.S. Court of...
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