defining-&amp Case Commentaries

When Dependency Equals Placement: Washington Supreme Court Requires ICWA/WICWA “Active Efforts” Findings at Dependency Fact‑Finding and Orders Immediate Return Absent Danger

Date: Aug 31, 2025

When Dependency Equals Placement: Washington Supreme Court Requires ICWA/WICWA “Active Efforts” Findings at Dependency Fact‑Finding and Orders Immediate Return Absent Danger Introduction In In re...

Washington Supreme Court Recognizes Appellate Discretion to Permit Limited Nonparty Intervention in Criminal Appeals When the Same Nonparty Intervened in the Trial Court

Date: Aug 31, 2025

Appellate Discretion to Permit Limited Nonparty Intervention After Trial: State v. Thompson Introduction In State v. Thompson (No. 103338-9, Aug. 28, 2025), the Washington Supreme Court addressed a...

Post-Loper Bright, Circuit Precedent Controls: Third Circuit Reaffirms Jordon’s Sequencing Rule for Former § 1432(a)(3) and Holds BIA Self-Certification Denials Unreviewable

Date: Aug 31, 2025

Post-Loper Bright, Circuit Precedent Controls: Third Circuit Reaffirms Jordon’s Sequencing Rule for Former § 1432(a)(3) and Holds BIA Self-Certification Denials Unreviewable Introduction In...

No Double Disgorgement: Third Circuit Bars Duplicate Profit Awards Across Overlapping Trade‑Secret and Unfair‑Competition Claims; Clarifies Rule 50 Forfeiture and “Use” Proof Under the DTSA

Date: Aug 31, 2025

No Double Disgorgement: Third Circuit Bars Duplicate Profit Awards Across Overlapping Trade‑Secret and Unfair‑Competition Claims; Clarifies Rule 50 Forfeiture and “Use” Proof Under the DTSA...

State Law Controls Attorney Charging Liens in MDLs: Third Circuit Endorses Pennsylvania’s Recht Causation Test and Rejects McKenzie-Based Fee-Splitting for Former Counsel in NFL Concussion Awards

Date: Aug 31, 2025

State Law Controls Attorney Charging Liens in MDLs: Third Circuit Endorses Pennsylvania’s Recht Causation Test and Rejects McKenzie-Based Fee-Splitting for Former Counsel in NFL Concussion Awards...

Bruen’s “Shall‑Issue” Presumption Shields the NFA’s Suppressor Licensing; Good‑Faith Exception Bars Suppression: A Commentary on United States v. Peterson (5th Cir. 2025)

Date: Aug 31, 2025

Bruen’s “Shall‑Issue” Presumption Shields the NFA’s Suppressor Licensing; Good‑Faith Exception Bars Suppression: A Commentary on United States v. Peterson (5th Cir. 2025) Introduction United States...

Immediate Applicability of H.B. 265’s Public-Records Mandamus Prerequisites: Ohio Supreme Court Mandates Dismissal Without Pre‑Suit Complaint Affirmation

Date: Aug 31, 2025

Immediate Applicability of H.B. 265’s Public-Records Mandamus Prerequisites: Ohio Supreme Court Mandates Dismissal Without Pre‑Suit Complaint Affirmation Case: State ex rel. Jordan v. Dept. of...

Schools Within Parks Sustain Firearm Bans on Facial Review; Signage-Based Enforcement Defeats Pre‑Enforcement Standing — A Structured Commentary on LaFave v. County of Fairfax (4th Cir. 2025)

Date: Aug 31, 2025

Schools Within Parks Sustain Firearm Bans on Facial Review; Signage-Based Enforcement Defeats Pre‑Enforcement Standing — A Structured Commentary on LaFave v. County of Fairfax (4th Cir. 2025)...

Title VII’s 90‑Day Rule Stays in Its Lane: Fourth Circuit Bars Relation‑Back for Discrete Acts and Rejects Cross‑Statute Procedural Borrowing in Hollis v. Morgan State University

Date: Aug 31, 2025

Title VII’s 90‑Day Rule Stays in Its Lane: Fourth Circuit Bars Relation‑Back for Discrete Acts and Rejects Cross‑Statute Procedural Borrowing Comprehensive Commentary on Hollis v. Morgan State...

Discretion Required: Fourth Circuit Holds South Carolina’s Quasi‑Judicial Administrative Immunity Applies Only to Discretionary Acts

Date: Aug 31, 2025

Discretion Required: Fourth Circuit Holds South Carolina’s Quasi‑Judicial Administrative Immunity Applies Only to Discretionary Acts Commentary on Tim Landholt v. Kendall Corley & Jeanette McBride,...

Nonbypassable Transmission Riders Under R.C. 4928.05: Ohio Supreme Court Affirms PUCO’s Discretion and Demands Particularized Harm for Discovery Challenges

Date: Aug 31, 2025

Nonbypassable Transmission Riders Under R.C. 4928.05: Ohio Supreme Court Affirms PUCO’s Discretion and Demands Particularized Harm for Discovery Challenges Introduction In In re Application of Ohio...

Failure-to-Remedy Findings Are Sufficient When the Basis Is Discernible from the Order as a Whole: Alaska Supreme Court Affirms Termination of Parental Rights

Date: Aug 31, 2025

Failure-to-Remedy Findings Are Sufficient When the Basis Is Discernible from the Order as a Whole Case: Alana M. (Mother) v. State of Alaska, Department of Family & Community Services, Office of...

No Custody Fee Award Without Explicit AS 25.20.115 Findings; Rule 77(j) Sanctions Run Against Counsel, Not Parties — Commentary on Wallace v. O’Hara (Alaska 2025)

Date: Aug 31, 2025

No Custody Fee Award Without Explicit AS 25.20.115 Findings; Rule 77(j) Sanctions Run Against Counsel, Not Parties Case: Amye Wallace v. John O’Hara, Supreme Court of the State of Alaska, No. S-19241...

No Due Process Violation from Extensive Representation Hearings; “Reasonable Efforts” Satisfied Despite Parental Noncooperation — Commentary on R.G. (Father) v. State of Alaska, DFCS/OCS

Date: Aug 31, 2025

No Due Process Violation from Extensive Representation Hearings; “Reasonable Efforts” Satisfied Despite Parental Noncooperation — Commentary on R.G. (Father) v. State of Alaska, DFCS/OCS Memorandum...

Riverside Reaffirmed: Idaho Supreme Court Confirms Bench-Trier May Resolve Conflicting Inferences at Summary Judgment; No “Rent Substitution” Credit for Affiliate-Funded Construction Absent Proof

Date: Aug 31, 2025

Riverside Reaffirmed: Bench-Trier Summary Judgment and the Limits of “Rent Substitution” under a Triple‑Net Lease Introduction In Erie Properties, LLC v. Global Growth Holdings, Inc., the Idaho...

Imminent Danger Without Observable Impairment: Positive Methamphetamine UA and Ignoring Infant Car-Seat Instructions Suffice for Neglect in Wyoming

Date: Aug 31, 2025

Imminent Danger Without Observable Impairment: Positive Methamphetamine UA and Ignoring Infant Car-Seat Instructions Suffice for Neglect in Wyoming Introduction In In the Interest of MC, Minor Child:...

State v. McGuire: Idaho Supreme Court Clarifies Dual “Duty” Standards—Broad for Felony Battery on Officers, Narrow (Lawfulness-Dependent) for Resisting; Burden-Shifting Misconduct Cured by Prompt Judicial Intervention

Date: Aug 31, 2025

State v. McGuire: Idaho Supreme Court Clarifies Dual “Duty” Standards—Broad for Felony Battery on Officers, Narrow (Lawfulness-Dependent) for Resisting; Burden-Shifting Misconduct Cured by Prompt...

Castro‑Castro v. Bondi: Second Circuit Reaffirms Limits on Reopening and Administrative Closure to Pursue DHS Prosecutorial Discretion; DHS Enforcement Memos Are Not “New Evidence”

Date: Aug 31, 2025

Castro‑Castro v. Bondi: Second Circuit Reaffirms Limits on Reopening and Administrative Closure to Pursue DHS Prosecutorial Discretion; DHS Enforcement Memos Are Not “New Evidence” Court: U.S. Court...

Ambiguity in State Confidentiality Law Defeats “Clearly Established” Prong: Second Circuit Grants Qualified Immunity for VHRC Officials and Confirms the Commission’s Sovereign Immunity

Date: Aug 31, 2025

Ambiguity in State Confidentiality Law Defeats “Clearly Established” Prong: Second Circuit Grants Qualified Immunity for VHRC Officials and Confirms the Commission’s Sovereign Immunity Case: Leise v....

Good-Faith Reliance on Cellphone Warrants with Minimal Nexus: The Second Circuit’s Guidance in United States v. Santos

Date: Aug 31, 2025

Good-Faith Reliance on Cellphone Warrants with Minimal Nexus: The Second Circuit’s Guidance in United States v. Santos Court: U.S. Court of Appeals for the Second Circuit (Summary Order) Date: August...

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