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

The “No-Return Email” Doctrine: Fourth Circuit Clarifies that Employment Contracts Must Explicitly Require Employees to Return Company Emails

The “No-Return Email” Doctrine: Fourth Circuit Clarifies that Employment Contracts Must Explicitly Require Employees to Return Company Emails

Date: Jul 31, 2025
The “No-Return Email” Doctrine: Fourth Circuit Clarifies that Employment Contracts Must Explicitly Require Employees to Return Company Emails 1. Introduction Aerotek, Inc. v. Kenneth Nosky, No....
“Same Taxpayer” Fixed at the Time of Payment: Fourth Circuit Clarifies § 6621(d) Interest-Netting After Mergers

“Same Taxpayer” Fixed at the Time of Payment: Fourth Circuit Clarifies § 6621(d) Interest-Netting After Mergers

Date: Jul 31, 2025
“Same Taxpayer” Fixed at the Time of Payment: Fourth Circuit Clarifies § 6621(d) Interest-Netting After Mergers 1. Introduction Bank of America Corporation v. United States, decided on 29 July 2025...
Self-Forwarded Emails and the Scope of Post-Employment Covenants: Allegis Group, Inc. v. Bero

Self-Forwarded Emails and the Scope of Post-Employment Covenants: Allegis Group, Inc. v. Bero

Date: Jul 31, 2025
Self-Forwarded Emails and the Scope of Post-Employment Covenants: The Fourth Circuit Defines the Limits of “Use” and “Return” Obligations in Allegis Group, Inc. v. Christopher Bero 1. Introduction...
Beyond the Orchard: The Third Circuit Extends Jarkesy’s Article III Limitations to Department of Labor H-2A Enforcement

Beyond the Orchard: The Third Circuit Extends Jarkesy’s Article III Limitations to Department of Labor H-2A Enforcement

Date: Jul 31, 2025
Beyond the Orchard: The Third Circuit Extends Jarkesy’s Article III Limitations to Department of Labor H-2A Enforcement Introduction In Sun Valley Orchards LLC v. United States Department of Labor,...
Beyond Borders: The Rhode Island Supreme Court Confirms Extraterritorial Reach of the “Relevant Market Area” under the Dealer Law

Beyond Borders: The Rhode Island Supreme Court Confirms Extraterritorial Reach of the “Relevant Market Area” under the Dealer Law

Date: Jul 31, 2025
Beyond Borders: The Rhode Island Supreme Court Confirms Extraterritorial Reach of the “Relevant Market Area” under the Dealer Law Introduction Rhode Island Truck Center, LLC (“RITC”), the state’s...
Potenza v. Deutsche Bank — Rhode Island Supreme Court Tightens the “Diligence-and-Reliance” Test for Rule 60(b) Independent Actions Alleging Fraud on the Court

Potenza v. Deutsche Bank — Rhode Island Supreme Court Tightens the “Diligence-and-Reliance” Test for Rule 60(b) Independent Actions Alleging Fraud on the Court

Date: Jul 31, 2025
Potenza v. Deutsche Bank — Rhode Island Supreme Court Tightens the “Diligence-and-Reliance” Test for Rule 60(b) Independent Actions Alleging Fraud on the Court Introduction The Rhode Island Supreme...
Excelsior Westbrook III: Tenth Circuit Affirms That Anti-Concurrent-Cause Clauses Override “Specified Cause-of-Loss” Exceptions and That Sub-Surface Water Exclusions Bar Coverage for Water Escaping Broken Underground Pipes

Excelsior Westbrook III: Tenth Circuit Affirms That Anti-Concurrent-Cause Clauses Override “Specified Cause-of-Loss” Exceptions and That Sub-Surface Water Exclusions Bar Coverage for Water Escaping Broken Underground Pipes

Date: Jul 31, 2025
Excelsior Westbrook III: Tenth Circuit Affirms That Anti-Concurrent-Cause Clauses Override “Specified Cause-of-Loss” Exceptions and That Sub-Surface Water Exclusions Bar Coverage for Water Escaping...
United States v. Cervantes: Cementing Rolling Notice-of-Disposition Exclusions and Extended Co-Defendant Delay under the Speedy Trial Act

United States v. Cervantes: Cementing Rolling Notice-of-Disposition Exclusions and Extended Co-Defendant Delay under the Speedy Trial Act

Date: Jul 31, 2025
United States v. Cervantes: Cementing Rolling Notice-of-Disposition Exclusions and Extended Co-Defendant Delay under the Speedy Trial Act Introduction United States v. Cervantes, No. 24-1325 (10th...
United States v. Vick – First Circuit Narrows the “Sole-Investigatory-Motive” Test in Community-Caretaking Impoundments & Inventory Searches

United States v. Vick – First Circuit Narrows the “Sole-Investigatory-Motive” Test in Community-Caretaking Impoundments & Inventory Searches

Date: Jul 31, 2025
United States v. Vick – First Circuit Narrows the “Sole-Investigatory-Motive” Test in Community-Caretaking Impoundments & Inventory Searches Introduction In United States v. Vick, No. 24-1721 (1st...
United States v. Legassa: First Circuit Clarifies Harmless-Error Review of Lay “Legal” Opinions and Reaffirms Broad Trial-Court Discretion under Rules 401 & 403

United States v. Legassa: First Circuit Clarifies Harmless-Error Review of Lay “Legal” Opinions and Reaffirms Broad Trial-Court Discretion under Rules 401 & 403

Date: Jul 31, 2025
United States v. Legassa: First Circuit Clarifies Harmless-Error Review of Lay “Legal” Opinions and Reaffirms Broad Trial-Court Discretion under Rules 401 & 403 Introduction In United States v....
United States v. Huertas-Mercado: Pandemic-Era Delays, Successive Indictments, and the Modern Sixth-Amendment Speedy-Trial Balance

United States v. Huertas-Mercado: Pandemic-Era Delays, Successive Indictments, and the Modern Sixth-Amendment Speedy-Trial Balance

Date: Jul 31, 2025
United States v. Huertas-Mercado: Pandemic-Era Delays, Successive Indictments, and the Modern Sixth-Amendment Speedy-Trial Balance 1. Introduction United States v. Huertas-Mercado, Nos. 23-1208 &...
Pandemic-Era Speedy-Trial Calculus and Carjacking Mens Rea: A Commentary on United States v. Pizarro-Mercado (1st Cir. 2025)

Pandemic-Era Speedy-Trial Calculus and Carjacking Mens Rea: A Commentary on United States v. Pizarro-Mercado (1st Cir. 2025)

Date: Jul 31, 2025
Pandemic-Era Speedy-Trial Calculus and Carjacking Mens Rea: A Commentary on United States v. Pizarro-Mercado (1st Cir. 2025) Introduction The First Circuit’s consolidated opinion in United States v....
Roundtree v. Page: A New Standard for Determining When a Municipal Initiative Is “Legislative”

Roundtree v. Page: A New Standard for Determining When a Municipal Initiative Is “Legislative”

Date: Jul 31, 2025
Roundtree v. Page: A New Standard for Determining When a Municipal Initiative Is “Legislative” Introduction Roundtree v. Page, decided by the Arizona Supreme Court on 30 July 2025, addresses the...
Garcia v. Noem: Seventh Circuit Clarifies “Some-Injury” Standard Post-Muldrow and Narrows Culture-of-Discrimination Evidence under Rule 404(b)

Garcia v. Noem: Seventh Circuit Clarifies “Some-Injury” Standard Post-Muldrow and Narrows Culture-of-Discrimination Evidence under Rule 404(b)

Date: Jul 31, 2025
Garcia v. Noem: Seventh Circuit Clarifies “Some-Injury” Standard Post-Muldrow and Narrows Culture-of-Discrimination Evidence under Rule 404(b) Introduction Martin Garcia, a Mexican-American Federal...
United States v. McLain: Seventh Circuit Narrows Admissibility of Neuropsychological Evidence Offered to Negate Specific Intent

United States v. McLain: Seventh Circuit Narrows Admissibility of Neuropsychological Evidence Offered to Negate Specific Intent

Date: Jul 31, 2025
United States v. McLain Seventh Circuit Narrows Admissibility of Neuropsychological Evidence Offered to Negate Specific Intent Introduction United States v. Auston McLain, No. 23-3384 (decided...
“Any” Means “Any”: Eleventh Circuit Removes Temporal Citizenship Barriers in Helms-Burton Title III Actions

“Any” Means “Any”: Eleventh Circuit Removes Temporal Citizenship Barriers in Helms-Burton Title III Actions

Date: Jul 31, 2025
“Any” Means “Any”: Eleventh Circuit Removes Temporal Citizenship Barriers in Helms-Burton Title III Actions Introduction The Eleventh Circuit’s opinion in José Ramón López Regueiro v. American...
“The Oral-Presentation Cure” – Hill v. State of Wyoming (2025 WY 86) and the New Standard for Last-Minute Mitigating Evidence at Sentencing

“The Oral-Presentation Cure” – Hill v. State of Wyoming (2025 WY 86) and the New Standard for Last-Minute Mitigating Evidence at Sentencing

Date: Jul 31, 2025
“The Oral-Presentation Cure” – Hill v. State of Wyoming (2025 WY 86) and the New Standard for Last-Minute Mitigating Evidence at Sentencing Introduction In Tyler James Hill v. The State of Wyoming,...
Clarifying the Limits of an Appellate Mandate: Wyoming Supreme Court Restricts Post-Judgment Revival of Un-pleaded Claims in Trust Litigation

Clarifying the Limits of an Appellate Mandate: Wyoming Supreme Court Restricts Post-Judgment Revival of Un-pleaded Claims in Trust Litigation

Date: Jul 31, 2025
Clarifying the Limits of an Appellate Mandate: Wyoming Supreme Court Restricts Post-Judgment Revival of Un-pleaded Claims in Trust Litigation Introduction The decision in Redland v. Kimsey, 2025 WY...
Goetz Jurisdictional Rule: Wyoming Supreme Court Declares Rule 801 Sanctions for Attorney Tardiness to be Indirect Criminal Contempt Requiring Separate Proceedings

Goetz Jurisdictional Rule: Wyoming Supreme Court Declares Rule 801 Sanctions for Attorney Tardiness to be Indirect Criminal Contempt Requiring Separate Proceedings

Date: Jul 31, 2025
Goetz Jurisdictional Rule: Wyoming Supreme Court Declares Rule 801 Sanctions for Attorney Tardiness to be Indirect Criminal Contempt Requiring Separate Proceedings 1. Introduction Case: In the Matter...
Reaffirming Timeliness & Proper Service as Preconditions for Prisoner-Transport in TPR Trials – Commentary on Mitch J. v. State of Alaska, DFCS/OCS

Reaffirming Timeliness & Proper Service as Preconditions for Prisoner-Transport in TPR Trials – Commentary on Mitch J. v. State of Alaska, DFCS/OCS

Date: Jul 31, 2025
Reaffirming Timeliness & Proper Service as Preconditions for Prisoner-Transport in Termination of Parental Rights Trials Comprehensive Commentary on Mitch J. v. State of Alaska, DFCS, OCS (Supreme...
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