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first-circuit-reinforces-first-amendment-protections-for-secret-audio-recording-of-police-in-public:-interpretation-of-massachusetts& Case Commentaries

Probable Cause Does Not Automatically Trigger Miranda Custody; Eleventh Circuit Reaffirms § 922(g)(1)’s Constitutionality After Bruen and Rahimi

Probable Cause Does Not Automatically Trigger Miranda Custody; Eleventh Circuit Reaffirms § 922(g)(1)’s Constitutionality After Bruen and Rahimi

Date: Sep 26, 2025
Probable Cause Does Not Automatically Trigger Miranda Custody; Eleventh Circuit Reaffirms § 922(g)(1)’s Constitutionality After Bruen and Rahimi Introduction In United States v. Ernell Shaw, No....
EEZs Count as “High Seas,” and Congress May Define “Vessels Without Nationality” for MDLEA Purposes: Eleventh Circuit Reaffirms MDLEA Jurisdiction and No‑Nexus Rule in United States v. Cueto‑Sanchez

EEZs Count as “High Seas,” and Congress May Define “Vessels Without Nationality” for MDLEA Purposes: Eleventh Circuit Reaffirms MDLEA Jurisdiction and No‑Nexus Rule in United States v. Cueto‑Sanchez

Date: Sep 26, 2025
EEZs Count as “High Seas,” and Congress May Define “Vessels Without Nationality” for MDLEA Purposes: Eleventh Circuit Reaffirms MDLEA Jurisdiction and No‑Nexus Rule in United States v. Cueto‑Sanchez...
EEZs Are “High Seas” Under the Felonies Clause; MDLEA’s Expanded “Vessel Without Nationality” Definition and No‑Nexus Rule Reaffirmed

EEZs Are “High Seas” Under the Felonies Clause; MDLEA’s Expanded “Vessel Without Nationality” Definition and No‑Nexus Rule Reaffirmed

Date: Sep 26, 2025
EEZs Are “High Seas” Under the Felonies Clause; MDLEA’s Expanded “Vessel Without Nationality” Definition and No‑Nexus Rule Reaffirmed Introduction In this consolidated, unpublished per curiam...
Sixth Circuit Clarifies Title VII Pleading: Time‑Barred Incidents Can Bolster Plausibility and Plaintiffs Need Not Name Comparators; Medical Leave Does Not Break Retaliation Causation

Sixth Circuit Clarifies Title VII Pleading: Time‑Barred Incidents Can Bolster Plausibility and Plaintiffs Need Not Name Comparators; Medical Leave Does Not Break Retaliation Causation

Date: Sep 26, 2025
Sixth Circuit Clarifies Title VII Pleading: Time‑Barred Incidents Can Bolster Plausibility and Plaintiffs Need Not Name Comparators; Medical Leave Does Not Break Retaliation Causation Case: Ashraf...
Failure to Argue Plain Error Waives New Appellate Issues—Even for Pro Se Prisoners: A Tenth Circuit Reaffirmation in Rhodes v. Wyoming Department of Corrections

Failure to Argue Plain Error Waives New Appellate Issues—Even for Pro Se Prisoners: A Tenth Circuit Reaffirmation in Rhodes v. Wyoming Department of Corrections

Date: Sep 26, 2025
Failure to Argue Plain Error Waives New Appellate Issues—Even for Pro Se Prisoners: A Tenth Circuit Reaffirmation in Rhodes v. Wyoming Department of Corrections Introduction This commentary analyzes...
Control and Knowledge as Gatekeepers: Eleventh Circuit Clarifies That Staffing Firms Have No Standalone Duty to Investigate Client Motives Under Title VII

Control and Knowledge as Gatekeepers: Eleventh Circuit Clarifies That Staffing Firms Have No Standalone Duty to Investigate Client Motives Under Title VII

Date: Sep 26, 2025
Control and Knowledge as Gatekeepers: Eleventh Circuit Clarifies That Staffing Firms Have No Standalone Duty to Investigate Client Motives Under Title VII Introduction In Emily Vincent v. ATI...
Preserving Johnson-Based AEDPA Timeliness Arguments: Seventh Circuit Affirms Forfeiture and Emphasizes Deference on Sentencing-Reliance Claims

Preserving Johnson-Based AEDPA Timeliness Arguments: Seventh Circuit Affirms Forfeiture and Emphasizes Deference on Sentencing-Reliance Claims

Date: Sep 26, 2025
Preserving Johnson-Based AEDPA Timeliness Arguments: Seventh Circuit Affirms Forfeiture and Emphasizes Deference on Sentencing-Reliance Claims Case: Devin Seats v. Mindi Nurse (Warden) — United...
No Rule 408 Shield for Pre-Litigation Status Emails; Missing-Witness Instruction Narrowed for Foreign, Non-Employee Witnesses — NHC LLC v. Centaur Construction Co.

No Rule 408 Shield for Pre-Litigation Status Emails; Missing-Witness Instruction Narrowed for Foreign, Non-Employee Witnesses — NHC LLC v. Centaur Construction Co.

Date: Sep 26, 2025
No Rule 408 Shield for Pre-Litigation Status Emails; Missing-Witness Instruction Narrowed for Foreign, Non-Employee Witnesses Case: NHC LLC v. Centaur Construction Company Inc., et al. Court: United...
No-Reasonable-Attorney Foreshadowing Standard: Seventh Circuit narrows Strickland deficiency for missed categorical-approach arguments in Elion v. United States

No-Reasonable-Attorney Foreshadowing Standard: Seventh Circuit narrows Strickland deficiency for missed categorical-approach arguments in Elion v. United States

Date: Sep 26, 2025
No-Reasonable-Attorney Foreshadowing Standard: Seventh Circuit narrows Strickland deficiency for missed categorical-approach arguments Introduction In Otis R. Elion v. United States, No. 24-3014 (7th...
Mandamus Is Not a Shortcut Around Nonfinal Custody Orders: State ex rel. Conomy v. Fuller (2025-Ohio-4411)

Mandamus Is Not a Shortcut Around Nonfinal Custody Orders: State ex rel. Conomy v. Fuller (2025-Ohio-4411)

Date: Sep 26, 2025
Mandamus Is Not a Shortcut Around Nonfinal Custody Orders: State ex rel. Conomy v. Fuller Introduction In State ex rel. Conomy v. Fuller, 2025-Ohio-4411, the Supreme Court of Ohio reaffirmed core...
In Reopened Appeals, Appellants Must Brief Deficiency and Prejudice: No Presumption of Ineffective Assistance Under App.R. 26(B)

In Reopened Appeals, Appellants Must Brief Deficiency and Prejudice: No Presumption of Ineffective Assistance Under App.R. 26(B)

Date: Sep 26, 2025
In Reopened Appeals, Appellants Must Brief Deficiency and Prejudice: No Presumption of Ineffective Assistance Under App.R. 26(B) Introduction In State v. Clark, Slip Opinion No. 2025-Ohio-4410, the...
Constructive Discharge in Alaska Whistleblower Cases Is an Objective, Position-Specific Inquiry (Nonprecedential Clarification)

Constructive Discharge in Alaska Whistleblower Cases Is an Objective, Position-Specific Inquiry (Nonprecedential Clarification)

Date: Sep 26, 2025
Constructive Discharge in Alaska Whistleblower Cases Is an Objective, Position-Specific Inquiry (Nonprecedential Clarification) Court: Supreme Court of the State of Alaska (Memorandum Opinion and...
Recent Compliance Is Not Enough: Alaska Supreme Court Affirms Termination Where Change Is Unproven Outside Structured Settings; “Reasonable Efforts” Do Not Require Early Neuropsychological Referral Absent Indicators

Recent Compliance Is Not Enough: Alaska Supreme Court Affirms Termination Where Change Is Unproven Outside Structured Settings; “Reasonable Efforts” Do Not Require Early Neuropsychological Referral Absent Indicators

Date: Sep 26, 2025
Recent Compliance Is Not Enough: Alaska Supreme Court Affirms Termination Where Change Is Unproven Outside Structured Settings; “Reasonable Efforts” Do Not Require Early Neuropsychological Referral...
Contract, Not Takings: Fifth Circuit Holds Municipal Refusal to Extend a Development Agreement Is Commercial (Non‑Sovereign) Conduct

Contract, Not Takings: Fifth Circuit Holds Municipal Refusal to Extend a Development Agreement Is Commercial (Non‑Sovereign) Conduct

Date: Sep 25, 2025
Contract, Not Takings: Fifth Circuit Holds Municipal Refusal to Extend a Development Agreement Is Commercial (Non‑Sovereign) Conduct Introduction In Mesquite Asset Recovery Group, L.L.C. v. City of...
Law-of-the-Case Bars Codefendants’ Relitigation in Successive Appeals; Managerial Control and Proceeds Suffice to Uphold § 846 Marijuana Conspiracy Conviction

Law-of-the-Case Bars Codefendants’ Relitigation in Successive Appeals; Managerial Control and Proceeds Suffice to Uphold § 846 Marijuana Conspiracy Conviction

Date: Sep 25, 2025
Law-of-the-Case Bars Codefendants’ Relitigation in Successive Appeals; Managerial Control and Proceeds Suffice to Uphold § 846 Marijuana Conspiracy Conviction Introduction In United States v. Weng,...
Noncompliance with R.C. 2969.25(C) Is Not an Affirmative Defense; Institutional‑Cashier Certification of Inmate Account Statements Is Mandatory for Fee-Waiver Requests

Noncompliance with R.C. 2969.25(C) Is Not an Affirmative Defense; Institutional‑Cashier Certification of Inmate Account Statements Is Mandatory for Fee-Waiver Requests

Date: Sep 25, 2025
Noncompliance with R.C. 2969.25(C) Is Not an Affirmative Defense; Institutional‑Cashier Certification of Inmate Account Statements Is Mandatory for Fee-Waiver Requests Introduction This commentary...
No Safe Harbor in Post-Default Litigation: First Department Holds General Litigation Activity Does Not Satisfy CPLR 3215(c) Absent an Explicit “Sufficient Cause” Showing

No Safe Harbor in Post-Default Litigation: First Department Holds General Litigation Activity Does Not Satisfy CPLR 3215(c) Absent an Explicit “Sufficient Cause” Showing

Date: Sep 25, 2025
No Safe Harbor in Post-Default Litigation: First Department Holds General Litigation Activity Does Not Satisfy CPLR 3215(c) Absent an Explicit “Sufficient Cause” Showing Introduction In 938 St....
Wyoming Supreme Court Bars Double Counting of Pass‑Through Business Income in Child Support Calculations: Stenson v. Stenson (2025 WY 102)

Wyoming Supreme Court Bars Double Counting of Pass‑Through Business Income in Child Support Calculations: Stenson v. Stenson (2025 WY 102)

Date: Sep 25, 2025
Wyoming Supreme Court Bars Double Counting of Pass‑Through Business Income in Child Support Calculations Case: Matthew R. Stenson v. Nikole M. Stenson, 2025 WY 102 (Wyo. Sept. 23, 2025) Court:...
Clarifying Brady’s “Reasonable Probability” Standard and the Use of Supervisory Control to Prevent a Second Trial Under a Mistake of Law

Clarifying Brady’s “Reasonable Probability” Standard and the Use of Supervisory Control to Prevent a Second Trial Under a Mistake of Law

Date: Sep 25, 2025
Clarifying Brady’s “Reasonable Probability” Standard and the Use of Supervisory Control to Prevent a Second Trial Under a Mistake of Law Introduction This supervisory-control proceeding arises from a...
Supervised Visitation Conditioned on Rehabilitation Programs Upheld Under Best-Interest Review in Nonprecedential Memorandum Decision

Supervised Visitation Conditioned on Rehabilitation Programs Upheld Under Best-Interest Review in Nonprecedential Memorandum Decision

Date: Sep 25, 2025
Supervised Visitation Conditioned on Rehabilitation Programs Upheld Under Best-Interest Review in Nonprecedential Memorandum Decision Case: In re the Parenting of J.E.B. & B.L.B., 2025 MT 216N (Mont....
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