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  • Commentaries
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defining-territorial-trade-mark-rights-and-estoppel:-supreme-court& Case Commentaries

"Answer Only What Confuses the Jury": Fourth Circuit Upholds Concise, Accurate Judicial Responses to Deliberation Questions in United States v. Brito (Unpublished)

"Answer Only What Confuses the Jury": Fourth Circuit Upholds Concise, Accurate Judicial Responses to Deliberation Questions in United States v. Brito (Unpublished)

Date: Oct 10, 2025
"Answer Only What Confuses the Jury": Fourth Circuit Upholds Concise, Accurate Judicial Responses to Deliberation Questions in United States v. Brito (Unpublished) Court: U.S. Court of Appeals for...
“Because of” Means But-For: Fourth Circuit Clarifies Causation for Federal Hate Crimes and Cabins Mental-Health Evidence Under the IDRA

“Because of” Means But-For: Fourth Circuit Clarifies Causation for Federal Hate Crimes and Cabins Mental-Health Evidence Under the IDRA

Date: Oct 10, 2025
“Because of” Means But-For: Fourth Circuit Clarifies Causation for Federal Hate Crimes and Cabins Mental-Health Evidence Under the IDRA Introduction In United States v. Marian Hudak, the Fourth...
“Convicted Felon” Accusations Are Defamation Per Se; Party‑Opponent Statements in Affidavits Can Defeat Summary Judgment — Lewis v. Jolley (Wyo. 2025)

“Convicted Felon” Accusations Are Defamation Per Se; Party‑Opponent Statements in Affidavits Can Defeat Summary Judgment — Lewis v. Jolley (Wyo. 2025)

Date: Oct 10, 2025
“Convicted Felon” Accusations Are Defamation Per Se; Party‑Opponent Statements in Affidavits Can Defeat Summary Judgment — Lewis v. Jolley (Wyo. 2025) Introduction In Brian C. Lewis v. Rebecca Lyn...
Partition in Kind Prevails: Montana Supreme Court Reaffirms Authority to Modify Referees’ Plans and Impose Reciprocal Easements under the UPHPA

Partition in Kind Prevails: Montana Supreme Court Reaffirms Authority to Modify Referees’ Plans and Impose Reciprocal Easements under the UPHPA

Date: Oct 10, 2025
Partition in Kind Prevails: Montana Supreme Court Reaffirms Authority to Modify Referees’ Plans and Impose Reciprocal Easements under the UPHPA Introduction In Barce v. Filler (Supreme Court of...
“Public Repute” Means Community, Not Bureaucracy: Montana Supreme Court Reaffirms Common‑Law Marriage Even Where Partners Marked “Single” on Official Forms

“Public Repute” Means Community, Not Bureaucracy: Montana Supreme Court Reaffirms Common‑Law Marriage Even Where Partners Marked “Single” on Official Forms

Date: Oct 10, 2025
“Public Repute” Means Community, Not Bureaucracy: Montana Supreme Court Reaffirms Common‑Law Marriage Even Where Partners Marked “Single” on Official Forms Introduction In Estate of Hudson, 2025 MT...
No Herculean Efforts Required: Montana Supreme Court Reaffirms Fact-Dependent “Reasonable Efforts” in Interstate Child Welfare Cases

No Herculean Efforts Required: Montana Supreme Court Reaffirms Fact-Dependent “Reasonable Efforts” in Interstate Child Welfare Cases

Date: Oct 10, 2025
No Herculean Efforts Required: Montana Supreme Court Reaffirms Fact-Dependent “Reasonable Efforts” in Interstate Child Welfare Cases Introduction In Matter of B.B.-R., YINC (Supreme Court of Montana,...
Reasonable Efforts Are Fact-Dependent and Need Not Be Herculean; ICPC Omission Alone Does Not Defeat Reunification Efforts: Montana Supreme Court Affirms Termination of Parental Rights in Matter of K.B. & B.B.-R. (Noncitable)

Reasonable Efforts Are Fact-Dependent and Need Not Be Herculean; ICPC Omission Alone Does Not Defeat Reunification Efforts: Montana Supreme Court Affirms Termination of Parental Rights in Matter of K.B. & B.B.-R. (Noncitable)

Date: Oct 10, 2025
Reasonable Efforts Are Fact-Dependent and Need Not Be Herculean; ICPC Omission Alone Does Not Defeat Reunification Efforts: Montana Supreme Court Affirms Termination of Parental Rights in Matter of...
Reaffirmation That Guardianship Need Not Be Considered Once Statutory Grounds for Termination Are Met, and That the 15-of-22-Month Presumption Governs Best-Interest Analysis — Matter of P.M.L.O. (Mont. 2025)

Reaffirmation That Guardianship Need Not Be Considered Once Statutory Grounds for Termination Are Met, and That the 15-of-22-Month Presumption Governs Best-Interest Analysis — Matter of P.M.L.O. (Mont. 2025)

Date: Oct 10, 2025
Reaffirmation That Guardianship Need Not Be Considered Once Statutory Grounds for Termination Are Met, and That the 15-of-22-Month Presumption Governs Best-Interest Analysis — Matter of P.M.L.O....
Montana Supreme Court Bars Compelled Two‑Way Video Appearance After Valid Waiver; Successive Commitment Petitions Not Barred by Preclusion — Matter of T.W. (2025 MT 225)

Montana Supreme Court Bars Compelled Two‑Way Video Appearance After Valid Waiver; Successive Commitment Petitions Not Barred by Preclusion — Matter of T.W. (2025 MT 225)

Date: Oct 10, 2025
Montana Supreme Court Bars Compelled Two‑Way Video Appearance After Valid Waiver; Successive Commitment Petitions Not Barred by Preclusion — Matter of T.W. (2025 MT 225) Introduction In Matter of...
Nonprecedential Affirmance of HRC Retaliation Dismissals: Rebutted Presumption and Harmless Procedural Error Under MAPA (Vaccaro v. Three Forks Area Ambulance Service)

Nonprecedential Affirmance of HRC Retaliation Dismissals: Rebutted Presumption and Harmless Procedural Error Under MAPA (Vaccaro v. Three Forks Area Ambulance Service)

Date: Oct 10, 2025
Nonprecedential Affirmance of HRC Retaliation Dismissals: Rebutted Presumption and Harmless Procedural Error Under MAPA Case: Vaccaro v. Three Forks Area Ambulance Service, 2025 MT 230N (Mont. Oct....
Post-Habeas Removal of Illegal Restitution Is Not a Resentencing: The Oral–Written Sentence Rule Does Not Apply — Woods v. Wead (Mont. 2025)

Post-Habeas Removal of Illegal Restitution Is Not a Resentencing: The Oral–Written Sentence Rule Does Not Apply — Woods v. Wead (Mont. 2025)

Date: Oct 10, 2025
Post-Habeas Removal of Illegal Restitution Is Not a Resentencing: The Oral–Written Sentence Rule Does Not Apply — Woods v. Wead (Mont. 2025) Introduction In Woods v. Wead (Mont. Oct. 7, 2025), the...
Misaligned Debtor–Trustee Interests Preclude Res Judicata Against Chapter 7 Trustees; Claim Objections Under Rule 3007 Are Timely Absent Court-Set Deadlines

Misaligned Debtor–Trustee Interests Preclude Res Judicata Against Chapter 7 Trustees; Claim Objections Under Rule 3007 Are Timely Absent Court-Set Deadlines

Date: Oct 10, 2025
Misaligned Debtor–Trustee Interests Preclude Res Judicata Against Chapter 7 Trustees; Claim Objections Under Rule 3007 Are Timely Absent Court-Set Deadlines Commentary on Myer's Lawn Care Services,...
Second Circuit Confirms Special-Needs Authority to Search a Parolee’s Cellphone, Distinguishing Riley When the Device Is Unauthorized

Second Circuit Confirms Special-Needs Authority to Search a Parolee’s Cellphone, Distinguishing Riley When the Device Is Unauthorized

Date: Oct 10, 2025
Second Circuit Confirms Special-Needs Authority to Search a Parolee’s Cellphone, Distinguishing Riley When the Device Is Unauthorized Introduction In United States v. Smurphat (No. 24-1707, 2d Cir....
Eleventh Circuit Clarifies: Post-Representation Privacy Torts Are Outside Narrow Retainer Arbitration Clauses; “Confidential Arbitration” Is Not a Duty of Confidentiality

Eleventh Circuit Clarifies: Post-Representation Privacy Torts Are Outside Narrow Retainer Arbitration Clauses; “Confidential Arbitration” Is Not a Duty of Confidentiality

Date: Oct 10, 2025
Eleventh Circuit Clarifies: Post-Representation Privacy Torts Are Outside Narrow Retainer Arbitration Clauses; “Confidential Arbitration” Is Not a Duty of Confidentiality Introduction In Janet L....
§ 46504 Requires Only General Intent: Eleventh Circuit Reaffirms No Need to Prove Intent to Intimidate or to Interfere, and Clarifies that “Knowingly” Attaches to Conduct (United States v. Olvera)

§ 46504 Requires Only General Intent: Eleventh Circuit Reaffirms No Need to Prove Intent to Intimidate or to Interfere, and Clarifies that “Knowingly” Attaches to Conduct (United States v. Olvera)

Date: Oct 10, 2025
§ 46504 Requires Only General Intent: Eleventh Circuit Reaffirms No Need to Prove Intent to Intimidate or to Interfere, and Clarifies that “Knowingly” Attaches to Conduct (United States v. Olvera)...
EEZ Equals “High Seas” for MDLEA; § 70502(d)(1)(C) Constitutional; No Nexus Requirement: Eleventh Circuit Summarily Affirms in United States v. Feyber De Avila (Consolidated)

EEZ Equals “High Seas” for MDLEA; § 70502(d)(1)(C) Constitutional; No Nexus Requirement: Eleventh Circuit Summarily Affirms in United States v. Feyber De Avila (Consolidated)

Date: Oct 10, 2025
EEZ Equals “High Seas” for MDLEA; § 70502(d)(1)(C) Constitutional; No Nexus Requirement: Eleventh Circuit Summarily Affirms in United States v. Feyber De Avila (Consolidated) Introduction In a...
EEZ Counts as “High Seas,” MDLEA Needs No U.S. Nexus, and “Stateless Vessel” Definition Is Not Cabined by International Law: Eleventh Circuit’s Summary Affirmance in United States v. Santiago, De Avila, and Ulloa

EEZ Counts as “High Seas,” MDLEA Needs No U.S. Nexus, and “Stateless Vessel” Definition Is Not Cabined by International Law: Eleventh Circuit’s Summary Affirmance in United States v. Santiago, De Avila, and Ulloa

Date: Oct 10, 2025
EEZ Counts as “High Seas,” MDLEA Needs No U.S. Nexus, and “Stateless Vessel” Definition Is Not Cabined by International Law: Eleventh Circuit’s Summary Affirmance in United States v. Santiago, De...
EEZs Are “High Seas” for Felonies Clause; MDLEA’s Stateless‑Vessel Definition Upheld; No Nexus Requirement: Eleventh Circuit’s Summary Affirmance in United States v. Wallyst Rochist Ulloa (consol. with Santiago & De Avila)

EEZs Are “High Seas” for Felonies Clause; MDLEA’s Stateless‑Vessel Definition Upheld; No Nexus Requirement: Eleventh Circuit’s Summary Affirmance in United States v. Wallyst Rochist Ulloa (consol. with Santiago & De Avila)

Date: Oct 10, 2025
EEZs Are “High Seas” for Felonies Clause; MDLEA’s Stateless‑Vessel Definition Upheld; No Nexus Requirement Case: United States v. Wallyst Rochist Ulloa (consolidated with United States v. Ramon...
No Nexus for Intrafamilial Land Disputes: Sixth Circuit Reaffirms Personal-Motive Bar and Treats Nexus as a Factual Finding in Asylum Claims

No Nexus for Intrafamilial Land Disputes: Sixth Circuit Reaffirms Personal-Motive Bar and Treats Nexus as a Factual Finding in Asylum Claims

Date: Oct 10, 2025
No Nexus for Intrafamilial Land Disputes: Sixth Circuit Reaffirms Personal-Motive Bar and Treats Nexus as a Factual Finding in Asylum Claims Introduction In Masud Ahmed v. Pamela Bondi, the United...
Acceptance Means More Than a Plea: Sixth Circuit Authorizes Use of Post‑Indictment Jailhouse Drug Misconduct and False Denials to Defeat §3E1.1—Even If Not §1B1.3 Relevant Conduct; Explicit Bostic Concurrence Invokes Invited Error

Acceptance Means More Than a Plea: Sixth Circuit Authorizes Use of Post‑Indictment Jailhouse Drug Misconduct and False Denials to Defeat §3E1.1—Even If Not §1B1.3 Relevant Conduct; Explicit Bostic Concurrence Invokes Invited Error

Date: Oct 10, 2025
Acceptance Means More Than a Plea: Sixth Circuit Authorizes Use of Post‑Indictment Jailhouse Drug Misconduct and False Denials to Defeat §3E1.1—Even If Not §1B1.3 Relevant Conduct; Explicit Bostic...
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