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ex-parte-yerger:-supreme-court& Case Commentaries

“The Kaul Doctrine” – Exclusive Executive Authority to Settle Civil-Enforcement and Agency-Directed Litigation

“The Kaul Doctrine” – Exclusive Executive Authority to Settle Civil-Enforcement and Agency-Directed Litigation

Date: Jun 18, 2025
“The Kaul Doctrine” – Exclusive Executive Authority to Settle Civil-Enforcement and Agency-Directed Litigation 1. Introduction On 17 June 2025 the Wisconsin Supreme Court delivered a unanimous...
No Hypothetical Presentments: New Jersey Supreme Court Bars Pre-emptive Suppression of Non-Existent Grand Jury Reports

No Hypothetical Presentments: New Jersey Supreme Court Bars Pre-emptive Suppression of Non-Existent Grand Jury Reports

Date: Jun 18, 2025
No Hypothetical Presentments: New Jersey Supreme Court Bars Pre-emptive Suppression of Non-Existent Grand Jury Reports 1. Introduction In In Re the Matter Concerning the State Grand Jury (A-15-24,...
“Finality over Flexibility” – State v. Payne Establishes Strict Limits on Post-Judgment Sentence Modifications

“Finality over Flexibility” – State v. Payne Establishes Strict Limits on Post-Judgment Sentence Modifications

Date: Jun 18, 2025
“Finality over Flexibility” – State v. Payne Establishes Strict Limits on Post-Judgment Sentence Modifications 1. Introduction The Supreme Court of Tennessee’s decision in State of Tennessee v....
Mitchell v. Division of Family Services: Waiver of Custody Challenges and the Expedited Termination of Parental Rights after Prior Involuntary TPRs

Mitchell v. Division of Family Services: Waiver of Custody Challenges and the Expedited Termination of Parental Rights after Prior Involuntary TPRs

Date: Jun 18, 2025
Mitchell v. Division of Family Services Waiver of Custody Challenges and the Expedited Termination of Parental Rights after Prior Involuntary TPRs Introduction In Mitchell v. Division of Family...
“Participant” Re-Defined: Delaware Supreme Court Recasts Ambiguity Analysis for Integrated Equity Incentive Agreements

“Participant” Re-Defined: Delaware Supreme Court Recasts Ambiguity Analysis for Integrated Equity Incentive Agreements

Date: Jun 18, 2025
“Participant” Re-Defined: Delaware Supreme Court Recasts Ambiguity Analysis for Integrated Equity Incentive Agreements 1. Introduction Village Practice Management Company, LLC (“Village”) granted...
From Speculation to Substantiation: Idaho Supreme Court Demands Evidence-Based Fiscal Impact Statements and Fuller Ballot Titles

From Speculation to Substantiation: Idaho Supreme Court Demands Evidence-Based Fiscal Impact Statements and Fuller Ballot Titles

Date: Jun 18, 2025
From Speculation to Substantiation: Idaho Supreme Court Demands Evidence-Based Fiscal Impact Statements and Fuller Ballot Titles Introduction Case: Idahoans United for Women and Families v. Labrador,...
“Bad-Faith” Alone Is Not Enough: The Second Circuit Re-Affirms Strict Limits on § 1988 Fee Awards After Nominal-Damages Verdicts

“Bad-Faith” Alone Is Not Enough: The Second Circuit Re-Affirms Strict Limits on § 1988 Fee Awards After Nominal-Damages Verdicts

Date: Jun 18, 2025
“Bad-Faith” Alone Is Not Enough: The Second Circuit Re-Affirms Strict Limits on § 1988 Fee Awards After Nominal-Damages Verdicts 1 Introduction Knights v. City University of New York, No. 24-2887-cv...
Post-Severance Indictments and the Speedy Trial Clock: A Commentary on United States v. Baker (2d Cir. 2025)

Post-Severance Indictments and the Speedy Trial Clock: A Commentary on United States v. Baker (2d Cir. 2025)

Date: Jun 18, 2025
Post-Severance Indictments and the Speedy Trial Clock: A Commentary on United States v. Baker (2d Cir. 2025) Introduction On 16 June 2025 the United States Court of Appeals for the Second Circuit...
Clarifying Probation’s Authority Over Internet Restrictions in Supervised Release: A Commentary on United States v. Keleher (2d Cir. 2025)

Clarifying Probation’s Authority Over Internet Restrictions in Supervised Release: A Commentary on United States v. Keleher (2d Cir. 2025)

Date: Jun 18, 2025
Clarifying Probation’s Authority Over Internet Restrictions in Supervised Release: A Comprehensive Commentary on United States v. Keleher (2d Cir. 2025) 1. Introduction On 16 June 2025 the United...

        “Voluntary Correction as a Shield: The Second Circuit Re-Emphasizes the 
        High Threshold for Franks Hearings in United States v. Mrabet”

“Voluntary Correction as a Shield: The Second Circuit Re-Emphasizes the High Threshold for Franks Hearings in United States v. Mrabet”

Date: Jun 18, 2025
Voluntary Correction as a Shield: The Second Circuit Re-Emphasizes the High Threshold for Franks Hearings in United States v. Mrabet Introduction The Second Circuit’s summary order in United States...
“No Second-Class Litigants”: The Eleventh Circuit Confirms That Pro Se Status Does Not Shield Parties from Rule 41(b) Dismissal — A Commentary on Dewitt Coates v. Lyft, Inc.

“No Second-Class Litigants”: The Eleventh Circuit Confirms That Pro Se Status Does Not Shield Parties from Rule 41(b) Dismissal — A Commentary on Dewitt Coates v. Lyft, Inc.

Date: Jun 18, 2025
“No Second-Class Litigants”: The Eleventh Circuit Confirms That Pro Se Status Does Not Shield Parties from Rule 41(b) Dismissal — A Commentary on Dewitt Coates v. Lyft, Inc. Introduction The United...
Eleventh Circuit Reaffirms § 922(g)(1) Felon-in-Possession Ban After Bruen and Rahimi

Eleventh Circuit Reaffirms § 922(g)(1) Felon-in-Possession Ban After Bruen and Rahimi

Date: Jun 18, 2025
Eleventh Circuit Reaffirms § 922(g)(1) Felon-in-Possession Ban After Bruen and Rahimi Introduction United States v. Kenya Miguel Johnson, No. 23-10642 (11th Cir. June 16, 2025) is an unpublished but...
Reaffirming the Presumptive Lawfulness of Felon-in-Possession Statutes after Bruen and Rahimi – A Commentary on United States v. Walter Rider

Reaffirming the Presumptive Lawfulness of Felon-in-Possession Statutes after Bruen and Rahimi – A Commentary on United States v. Walter Rider

Date: Jun 18, 2025
Reaffirming the Presumptive Lawfulness of Felon-in-Possession Statutes after Bruen and Rahimi A Comprehensive Commentary on United States v. Walter Rider, 23-13043 (11th Cir. 2025) I. Introduction In...
Sixth Circuit Narrows “Pre-Emptive Retaliation” – Anthony Lee v. Dana Inc.

Sixth Circuit Narrows “Pre-Emptive Retaliation” – Anthony Lee v. Dana Inc.

Date: Jun 18, 2025
Anthony Lee v. Dana Inc.: Sixth Circuit Clarifies the Evidentiary Burden for “Pre-Emptive Retaliation” under Title VII and Michigan’s ELCRA 1. Introduction Anthony Lee, a long-term Black employee at...
“Bringing-the-Parcel-Inside” as a Sufficient Trigger: Sixth Circuit’s Refined Limits on Franks Hearings and Anticipatory Warrants in United States v. Kendrick Watson

“Bringing-the-Parcel-Inside” as a Sufficient Trigger: Sixth Circuit’s Refined Limits on Franks Hearings and Anticipatory Warrants in United States v. Kendrick Watson

Date: Jun 18, 2025
“Bringing-the-Parcel-Inside” as a Sufficient Trigger: Sixth Circuit’s Refined Limits on Franks Hearings and Anticipatory Warrants in United States v. Kendrick Watson I. Introduction In an unpublished...
“No Automatic Federal Hook”: Tenth Circuit Declares that Motor Vehicles Are NOT Per Se “Instrumentalities of Interstate Commerce” under the Federal Kidnapping Act

“No Automatic Federal Hook”: Tenth Circuit Declares that Motor Vehicles Are NOT Per Se “Instrumentalities of Interstate Commerce” under the Federal Kidnapping Act

Date: Jun 18, 2025
“No Automatic Federal Hook”: Tenth Circuit Declares that Motor Vehicles Are NOT Per Se “Instrumentalities of Interstate Commerce” under the Federal Kidnapping Act Introduction United States v....

        United States v. Rivera: Tenth Circuit Endorses “Blind” Grooming-Expert Testimony
        and Clarifies Rule 702/703 Reliance on Third-Party Technical Data

United States v. Rivera: Tenth Circuit Endorses “Blind” Grooming-Expert Testimony and Clarifies Rule 702/703 Reliance on Third-Party Technical Data

Date: Jun 18, 2025
United States v. Rivera: Tenth Circuit Endorses “Blind” Grooming-Expert Testimony and Clarifies Rule 702/703 Reliance on Third-Party Technical Data I. Introduction In United States v. Rivera (10th...
“No Longer than Necessary” – The Tenth Circuit Draws a Bright Line on Detention Length Incident to Third-Party Arrests

“No Longer than Necessary” – The Tenth Circuit Draws a Bright Line on Detention Length Incident to Third-Party Arrests

Date: Jun 18, 2025
“No Longer than Necessary” – The Tenth Circuit Draws a Bright Line on Detention Length Incident to Third-Party Arrests Introduction In United States v. Tyler, the United States Court of Appeals for...
Curtis Walker v. Cromwell: Seventh Circuit Re-affirms AEDPA Deference in Juvenile “De Facto” LWOP Cases

Curtis Walker v. Cromwell: Seventh Circuit Re-affirms AEDPA Deference in Juvenile “De Facto” LWOP Cases

Date: Jun 18, 2025
Curtis Walker v. Dan Cromwell Seventh Circuit Clarifies the Interplay of Miller, Montgomery and Jones under AEDPA 1. Introduction Curtis L. Walker, sentenced at age 17 to life imprisonment with first...
Seventh Circuit Endorses “Search-for-Truth” Reasonable-Doubt Language Under AEDPA Deference

Seventh Circuit Endorses “Search-for-Truth” Reasonable-Doubt Language Under AEDPA Deference

Date: Jun 18, 2025
Seventh Circuit Endorses “Search-for-Truth” Reasonable-Doubt Language Under AEDPA Deference: Commentary on Michael Williams v. Michael Meisner (7th Cir. 2025) 1. Introduction On 16 June 2025, the...
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