defining-&amp Case Commentaries

Facial Physical‑Takings Claims Accrue Upon Implementation, Not Enactment: ND Supreme Court Clarifies Standing and Jurisdiction in CO2 Pore‑Space Amalgamation

Date: Aug 31, 2025

Facial Physical‑Takings Claims Accrue Upon Implementation, Not Enactment: North Dakota Supreme Court Clarifies Standing and Jurisdiction in CO2 Pore‑Space Amalgamation Introduction In Northwest...

Filed Pleadings Protected, Private Gossip Not: Nevada Supreme Court Reaffirms Litigation Privilege as a Complete Bar at Anti‑SLAPP Prong Two and Clarifies NRS 41.637’s “Interested Audience” Requirement

Date: Aug 31, 2025

Filed Pleadings Protected, Private Gossip Not: Nevada Supreme Court Reaffirms Litigation Privilege as a Complete Bar at Anti‑SLAPP Prong Two and Clarifies NRS 41.637’s “Interested Audience”...

Substantial Issue Alone Is Insufficient: Delaware Supreme Court Reaffirms Strict Rule 42 Gatekeeping for Interlocutory Appeals in Complex Insurance Coverage Disputes

Date: Aug 31, 2025

Substantial Issue Alone Is Insufficient: Delaware Supreme Court Reaffirms Strict Rule 42 Gatekeeping for Interlocutory Appeals in Complex Insurance Coverage Disputes Introduction In Ace American...

County Plat Changes Cannot Strip CC&Rs: Idaho Supreme Court Clarifies Applicability, Road Construction, and Injunction Specificity in Jordan v. Powers

Date: Aug 31, 2025

County Plat Amendments Cannot Remove Land from CC&Rs; Roads Are Not Categorically Barred but Require Design Committee Approval Case: Jordan v. Powers, Supreme Court of Idaho (Aug. 28, 2025)...

Monreal/Recinas Are Not Checklists: First Circuit’s Post-Wilkinson Framework for Reviewing Hardship and the Materiality Requirement for Omitted Factors

Date: Aug 31, 2025

Monreal/Recinas Are Not Checklists: First Circuit’s Post-Wilkinson Framework for Reviewing Hardship and the Materiality Requirement for Omitted Factors Introduction In Lopez Cano v. Bondi, the First...

Rule 16b-3(d) Board Approval Needs Facts, Not Formal Labels: Second Circuit Clarifies Knowledge Standard for Deputized Directors in Roth v. Armistice Capital

Date: Aug 31, 2025

Rule 16b-3(d) Board Approval Needs Facts, Not Formal Labels: Second Circuit Clarifies Knowledge Standard for Deputized Directors in Roth v. Armistice Capital Introduction In Roth v. Armistice...

Second Circuit (en banc) Overrules Truscello: All Non‑Mandatory Supervised‑Release Conditions Must Be Pronounced at Sentencing

Date: Aug 31, 2025

Second Circuit (en banc) Overrules Truscello: All Non‑Mandatory Supervised‑Release Conditions Must Be Pronounced at Sentencing Introduction In United States v. Maiorana, the U.S. Court of Appeals for...

Foreseeability, Special Relationships, and Campus Liability: Sixth Circuit Narrows Negligence Exposure and Sets High Bar for IIED and ELCRA Claims in Chen v. Hillsdale College

Date: Aug 31, 2025

Foreseeability, Special Relationships, and Campus Liability: Sixth Circuit Narrows Negligence Exposure and Sets High Bar for IIED and ELCRA Claims in Chen v. Hillsdale College Introduction In Grace...

Authorizing Substitute Service for Unascertainable Respondents in Vulnerable-Adult Exploitation Injunctions: Florida Supreme Court’s Fast-Track Amendment to Probate Rule 5.920

Date: Aug 31, 2025

Authorizing Substitute Service for Unascertainable Respondents in Vulnerable-Adult Exploitation Injunctions: Florida Supreme Court’s Fast-Track Amendment to Probate Rule 5.920 Introduction On August...

Florida Supreme Court Standardizes New-Member Bar Fees and Adds Annual Reporting for Non-Florida Lawyers: 2025 Amendments to Chapter 1

Date: Aug 31, 2025

Florida Supreme Court Standardizes New-Member Bar Fees and Adds Annual Reporting for Non-Florida Lawyers: 2025 Amendments to Chapter 1 Introduction In a rulemaking opinion issued on August 28, 2025,...

Due Process Recalibrated in Florida Bar Discipline: Immediate Challenges to Interim Probation, Unified Briefing Deadlines, and Narrowed Judicial Referral Authority

Date: Aug 31, 2025

Due Process Recalibrated in Florida Bar Discipline: Immediate Challenges to Interim Probation, Unified Briefing Deadlines, and Narrowed Judicial Referral Authority Introduction In this administrative...

Bell v. State (Fla. 2025): Speculative Custodial-Coercion Allegations Cannot Overcome Record-Clear Waivers; Rule 3.130 Delay Alone Is Not Fundamental Error

Date: Aug 31, 2025

Bell v. State (Fla. 2025): Speculative Custodial-Coercion Allegations Cannot Overcome Record-Clear Waivers; Rule 3.130 Delay Alone Is Not Fundamental Error Introduction This commentary analyzes the...

No Personal Jurisdiction from Plaintiff’s Forum-Based Counsel or Virtual Data-Room Access: Eleventh Circuit Clarifies Purposeful-Availment Limits Under Florida’s Long-Arm Statute

Date: Aug 31, 2025

No Personal Jurisdiction from Plaintiff’s Forum-Based Counsel or Virtual Data-Room Access: Eleventh Circuit Clarifies Purposeful-Availment Limits Under Florida’s Long-Arm Statute Introduction In ECB...

Expert Evidence, Causation, and Pattern Proof: Seventh Circuit Tightens Eighth Amendment and Monell Paths in Prison Mental-Health Cases

Date: Aug 31, 2025

Expert Evidence, Causation, and Pattern Proof: Seventh Circuit Tightens Eighth Amendment and Monell Paths in Prison Mental-Health Cases Introduction In Cordell Sanders v. Andrea Moss, et al., the...

Protected Advice at Life’s End: Seventh Circuit Holds Indiana’s Funeral-Licensing Ban on Death-Doula Counseling Fails Even Under Intermediate Scrutiny—and Consent Orders Don’t Waive Federal Rights

Date: Aug 31, 2025

Protected Advice at Life’s End: Seventh Circuit Holds Indiana’s Funeral-Licensing Ban on Death-Doula Counseling Fails Even Under Intermediate Scrutiny—and Consent Orders Don’t Waive Federal Rights...

“Promoting the Enactment of Legislation” Qualifies as an Official Act; No Per Se Miranda Rule During Warrant Stops; No Duty to Delay Sentencing for Pending Guidelines Amendments — Commentary on United States v. Weiss (7th Cir. 2025)

Date: Aug 31, 2025

“Promoting the Enactment of Legislation” Qualifies as an Official Act; No Per Se Miranda Rule During Warrant Stops; No Duty to Delay Sentencing for Pending Guidelines Amendments — Commentary on...

First Circuit Conditions Internet-Monitoring Fees on Ability-to-Pay and Clarifies Limits on Ex Parte Sentencing Inputs

Date: Aug 31, 2025

First Circuit Conditions Internet-Monitoring Fees on Ability-to-Pay and Clarifies Limits on Ex Parte Sentencing Inputs Case: United States v. Negrón-Cruz Court: U.S. Court of Appeals for the First...

Quo Warranto Is the Exclusive Vehicle to Remove a Committee-Appointed Township Trustee; Probate Judge’s Duty to Appoint under R.C. 503.24 Arises Only When a Vacancy Exists

Date: Aug 31, 2025

Quo Warranto Is the Exclusive Vehicle to Remove a Committee-Appointed Township Trustee; Probate Judge’s Duty to Appoint under R.C. 503.24 Arises Only When a Vacancy Exists Case: State ex rel....

People v. Class (2025): Appellate Reassignment on Remand in Postconviction Cases Limited to Bias or Probability of Bias; Rule 615(b)(2) Authority Clarified and Serrano Overruled

Date: Aug 31, 2025

People v. Class (2025): Appellate Reassignment on Remand in Postconviction Cases Limited to Bias or Probability of Bias; Rule 615(b)(2) Authority Clarified and Serrano Overruled Introduction In...

Utah’s First UPEPA Roadmap: Public Concern Defined, Plaintiff’s Prima Facie “Lack of Privilege” Burden, and Limits on Add‑On Torts — Commentary on Mackey v. Krause (2025 UT 37)

Date: Aug 31, 2025

Utah’s First UPEPA Roadmap: Public Concern Defined, Plaintiff’s Prima Facie “Lack of Privilege” Burden, and Limits on Add‑On Torts — Commentary on Mackey v. Krause (2025 UT 37) Introduction This...

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