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  • Commentaries
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establishing-protections-against-retaliatory-termination-for-expressive-conduct:-first-circuit& Case Commentaries

Order-by-Order CSA Compliance and Monetary Abatement: Fourth Circuit Holds Opioid Distribution Can Constitute a Public Nuisance Under West Virginia Law

Order-by-Order CSA Compliance and Monetary Abatement: Fourth Circuit Holds Opioid Distribution Can Constitute a Public Nuisance Under West Virginia Law

Date: Oct 31, 2025
Order-by-Order CSA Compliance and Monetary Abatement: Fourth Circuit Holds Opioid Distribution Can Constitute a Public Nuisance Under West Virginia Law Case: City of Huntington, West Virginia &...
West Virginia Public Nuisance Law Embraces Opioid Distribution Claims and Permits Monetary Abatement: City of Huntington v. AmerisourceBergen (4th Cir. 2025)

West Virginia Public Nuisance Law Embraces Opioid Distribution Claims and Permits Monetary Abatement: City of Huntington v. AmerisourceBergen (4th Cir. 2025)

Date: Oct 31, 2025
West Virginia Public Nuisance Law Embraces Opioid Distribution Claims and Permits Monetary Abatement: City of Huntington v. AmerisourceBergen (4th Cir. 2025) Introduction In City of Huntington, West...
The “Middle Ground” Standard for Medical Rebuttal: Fourth Circuit Upholds ALJ’s Use of the 2000 Preamble as Guidance and Requires Individualized, Literature-Grounded Expert Opinions in Black Lung Cases

The “Middle Ground” Standard for Medical Rebuttal: Fourth Circuit Upholds ALJ’s Use of the 2000 Preamble as Guidance and Requires Individualized, Literature-Grounded Expert Opinions in Black Lung Cases

Date: Oct 31, 2025
The “Middle Ground” Standard for Medical Rebuttal: Fourth Circuit Upholds ALJ’s Use of the 2000 Preamble as Guidance and Requires Individualized, Literature-Grounded Expert Opinions in Black Lung...
No Advisory Opinions After Supervision Ends; PLRA Screenings Must Distinguish Absolute vs. Qualified Immunity and Substantive vs. Procedural Due Process (Crowder v. Herman)

No Advisory Opinions After Supervision Ends; PLRA Screenings Must Distinguish Absolute vs. Qualified Immunity and Substantive vs. Procedural Due Process (Crowder v. Herman)

Date: Oct 31, 2025
No Advisory Opinions After Supervision Ends; PLRA Screenings Must Distinguish Absolute vs. Qualified Immunity and Substantive vs. Procedural Due Process Crowder v. Herman, No. 24-6674 (4th Cir. Oct....
Initial Arraignment Is the Sole Trigger for Automatic Judicial Substitution in Montana Criminal Cases

Initial Arraignment Is the Sole Trigger for Automatic Judicial Substitution in Montana Criminal Cases

Date: Oct 31, 2025
Initial Arraignment Is the Sole Trigger for Automatic Judicial Substitution in Montana Criminal Cases Introduction In Caye v. Twentieth Judicial District Court (2025 MT 246), the Supreme Court of...
Basque (Mont. 2025): Denial of Venue Change in Parenting-Plan Enforcement Under Ends-of-Justice and Continuing Jurisdiction (Noncitable)

Basque (Mont. 2025): Denial of Venue Change in Parenting-Plan Enforcement Under Ends-of-Justice and Continuing Jurisdiction (Noncitable)

Date: Oct 31, 2025
Basque (Mont. 2025): Denial of Venue Change in Parenting-Plan Enforcement Under Ends-of-Justice and Continuing Jurisdiction (Noncitable) Introduction In In re the Marriage of Basque, 2025 MT 247N,...
No Lesser-Included: Montana High Court Holds Destruction of a Communication Device Is Not a Lesser-Included Offense of Evidence Tampering (State v. Carlson, 2025 MT 245)

No Lesser-Included: Montana High Court Holds Destruction of a Communication Device Is Not a Lesser-Included Offense of Evidence Tampering (State v. Carlson, 2025 MT 245)

Date: Oct 31, 2025
No Lesser-Included: Destruction of a Communication Device Is Not a Lesser-Included Offense of Evidence Tampering Case: State v. Taylor Jean Carlson, 2025 MT 245 (Mont. Oct. 28, 2025) Court: Supreme...
Authority to Withdraw Funds Equals Pecuniary Interest: Second Circuit Affirms §16(b) Disgorgement and Endorses IRS Underpayment Rate for Prejudgment Interest

Authority to Withdraw Funds Equals Pecuniary Interest: Second Circuit Affirms §16(b) Disgorgement and Endorses IRS Underpayment Rate for Prejudgment Interest

Date: Oct 30, 2025
Authority to Withdraw Funds Equals Pecuniary Interest: Second Circuit Affirms §16(b) Disgorgement and Endorses IRS Underpayment Rate for Prejudgment Interest Case: Avalon Holdings Corp. v. Gentile,...
Second Circuit Reaffirms Strict Rule 8 Enforcement and Accepts COVID-19 Testing as Reasonable Religious Accommodation (Nonprecedential)

Second Circuit Reaffirms Strict Rule 8 Enforcement and Accepts COVID-19 Testing as Reasonable Religious Accommodation (Nonprecedential)

Date: Oct 30, 2025
Second Circuit Reaffirms Strict Rule 8 Enforcement and Accepts COVID-19 Testing as Reasonable Religious Accommodation (Nonprecedential) Case: Johnson v. Starwood Hotels & Resorts Worldwide, LLC...
Second Circuit Clarifies Revocation Sentencing: Undisputed Probation Facts and Similarity to Prior Offense Can Support an Upward Variance; Retribution for the Underlying Conviction Remains Off-Limits Post‑Esteras

Second Circuit Clarifies Revocation Sentencing: Undisputed Probation Facts and Similarity to Prior Offense Can Support an Upward Variance; Retribution for the Underlying Conviction Remains Off-Limits Post‑Esteras

Date: Oct 30, 2025
Second Circuit Clarifies Revocation Sentencing: Undisputed Probation Facts and Similarity to Prior Offense Can Support an Upward Variance; Retribution for the Underlying Conviction Remains Off-Limits...
Insurrection Under War-Risk Policies Includes Acts by a De Facto Regime Against the U.S.-Recognized Government; “Arising From” Requires But-For Causation

Insurrection Under War-Risk Policies Includes Acts by a De Facto Regime Against the U.S.-Recognized Government; “Arising From” Requires But-For Causation

Date: Oct 30, 2025
Insurrection Under War-Risk Policies Includes Acts by a De Facto Regime Against the U.S.-Recognized Government; “Arising From” Requires But-For Causation Introduction In CITGO Petroleum Corp. v....
Reiterated Objections Require De Novo Review: The Second Circuit Clarifies “Proper Objections” to Magistrate Judge R&Rs in Nambiar v. The Central Orthopedic Group, LLP

Reiterated Objections Require De Novo Review: The Second Circuit Clarifies “Proper Objections” to Magistrate Judge R&Rs in Nambiar v. The Central Orthopedic Group, LLP

Date: Oct 30, 2025
Reiterated Objections Require De Novo Review: The Second Circuit Clarifies “Proper Objections” to Magistrate Judge R&Rs in Nambiar v. The Central Orthopedic Group, LLP Introduction In this...
Intervening Misconduct Severs Retaliation Causation and Threadbare § 1981 Pleadings Fail: A Commentary on Goolsby v. City of Monroe (11th Cir.)

Intervening Misconduct Severs Retaliation Causation and Threadbare § 1981 Pleadings Fail: A Commentary on Goolsby v. City of Monroe (11th Cir.)

Date: Oct 30, 2025
Intervening Misconduct Severs Retaliation Causation and Threadbare § 1981 Pleadings Fail: Eleventh Circuit in Goolsby v. City of Monroe Introduction In Alicia Goolsby v. City of Monroe, the Eleventh...
Simultaneous Miranda Warnings Are Valid If Reasonably Conveyed; Sixth Circuit Reaffirms Post‑Bruen Constitutionality of § 922(g)(1) and § 924(c), and Tightens Recantation-Based New Trial Relief

Simultaneous Miranda Warnings Are Valid If Reasonably Conveyed; Sixth Circuit Reaffirms Post‑Bruen Constitutionality of § 922(g)(1) and § 924(c), and Tightens Recantation-Based New Trial Relief

Date: Oct 30, 2025
Simultaneous Miranda Warnings Are Valid If Reasonably Conveyed; Sixth Circuit Reaffirms Post‑Bruen Constitutionality of § 922(g)(1) and § 924(c), and Tightens Recantation-Based New Trial Relief Case:...
Terse §3553(a) Explanations and Anticipated State Revocation Consecutive Orders: Sixth Circuit Affirms Sentencing Discretion Under Setser and U.S.S.G. §5G1.3(d)

Terse §3553(a) Explanations and Anticipated State Revocation Consecutive Orders: Sixth Circuit Affirms Sentencing Discretion Under Setser and U.S.S.G. §5G1.3(d)

Date: Oct 30, 2025
Terse §3553(a) Explanations and Anticipated State Revocation Consecutive Orders: Sixth Circuit Affirms Sentencing Discretion Under Setser and U.S.S.G. §5G1.3(d) Introduction In United States v....
Clear-Error Review Governs Threat-Based Obstruction Enhancements Under § 3C1.1; Corroborated, Present-Tense CI Tips Sustain Home Search Warrants

Clear-Error Review Governs Threat-Based Obstruction Enhancements Under § 3C1.1; Corroborated, Present-Tense CI Tips Sustain Home Search Warrants

Date: Oct 30, 2025
Clear-Error Review Governs Threat-Based Obstruction Enhancements Under § 3C1.1; Corroborated, Present-Tense CI Tips Sustain Home Search Warrants Introduction In United States v. Jarrett Howard (6th...
No Chevron Needed: DEA Registration Does Not Immunize Practitioners from § 841(a); Sixth Circuit Affirms Ruan Knowledge Can Be Proven Circumstantially in Pregnant-Patient Prescribing

No Chevron Needed: DEA Registration Does Not Immunize Practitioners from § 841(a); Sixth Circuit Affirms Ruan Knowledge Can Be Proven Circumstantially in Pregnant-Patient Prescribing

Date: Oct 30, 2025
No Chevron Needed: DEA Registration Does Not Immunize Practitioners from § 841(a); Sixth Circuit Affirms Ruan Knowledge Can Be Proven Circumstantially in Pregnant-Patient Prescribing Case: United...
Tenth Circuit: Technical Service Defects Cannot Thwart Merits; APA Review Requires Federal Final Agency Action — Miller v. USDA

Tenth Circuit: Technical Service Defects Cannot Thwart Merits; APA Review Requires Federal Final Agency Action — Miller v. USDA

Date: Oct 30, 2025
Tenth Circuit: Technical Service Defects Cannot Thwart Merits; APA Review Requires Federal Final Agency Action — Miller v. USDA Introduction In Miller v. USDA, No. 24-6252 (10th Cir. Oct. 28, 2025),...
Tenth Circuit Clarifies: DOL Wage Complaints Do Not Toll Discrimination Filing Deadlines; Retaliation Requires Harm Beyond Consequences of a Physician’s Self‑Reporting Duty

Tenth Circuit Clarifies: DOL Wage Complaints Do Not Toll Discrimination Filing Deadlines; Retaliation Requires Harm Beyond Consequences of a Physician’s Self‑Reporting Duty

Date: Oct 30, 2025
Tenth Circuit Clarifies: DOL Wage Complaints Do Not Toll Discrimination Filing Deadlines; Retaliation Requires Harm Beyond Consequences of a Physician’s Self‑Reporting Duty Introduction In Saini v....
Tenth Circuit: Federal Kidnapping Is Not a “Crime of Violence” for § 3559(f)(2) Mandatory Minimums

Tenth Circuit: Federal Kidnapping Is Not a “Crime of Violence” for § 3559(f)(2) Mandatory Minimums

Date: Oct 30, 2025
Tenth Circuit: Federal Kidnapping Is Not a “Crime of Violence” for § 3559(f)(2) Mandatory Minimums Introduction In United States v. Ford (10th Cir. Oct. 28, 2025), the Tenth Circuit resolved a...
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