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

Refusal of OSHA Certified Mail Does Not Defeat Service: Alternative Delivery and Judicial Notice of Address Satisfy Due Process

Date: Sep 11, 2025

Refusal of OSHA Certified Mail Does Not Defeat Service: Alternative Delivery and Judicial Notice of Address Satisfy Due Process Introduction In Lori Chavez-DeRemer v. Elmer Miller d/b/a Miller...

NCMEC Is a Governmental Entity for Fourth Amendment Purposes, But ESP Hash-Matching Alone Does Not Make Providers Government Agents: A Comprehensive Commentary on United States v. Guard (2d Cir. 2025)

Date: Sep 11, 2025

NCMEC Is a Governmental Entity for Fourth Amendment Purposes, But ESP Hash-Matching Alone Does Not Make Providers Government Agents Comprehensive Commentary on United States v. Guard, No. 23-6886 (2d...

Accommodation Cannot Compel Illegality: Second Circuit Reaffirms that Title VII Does Not Require Employers to Violate State Vaccination Rules, and Uniform Mandates Do Not Support ADA “Regarded As” Claims

Date: Sep 11, 2025

Accommodation Cannot Compel Illegality: Second Circuit Reaffirms that Title VII Does Not Require Employers to Violate State Vaccination Rules, and Uniform Mandates Do Not Support ADA “Regarded As”...

Requesting FMLA Paperwork Is Not Protected Activity: West Virginia Supreme Court clarifies Harless retaliation and reinforces WVHRA prima facie and pretext standards

Date: Sep 11, 2025

Requesting FMLA Paperwork Is Not Protected Activity: West Virginia Supreme Court clarifies Harless retaliation and reinforces WVHRA prima facie and pretext standards Introduction In Cindy Linger-Long...

Principles, Not Twins: The Third Circuit’s Sensitive-Places Framework After Bruen and Rahimi — Koons v. Attorney General of New Jersey

Date: Sep 11, 2025

Principles, Not Twins: The Third Circuit’s Sensitive-Places Framework After Bruen and Rahimi Commentary on Koons v. Attorney General New Jersey (3d Cir. Sept. 10, 2025) Introduction In Koons v....

Addressing the Central Thesis Suffices: Fourth Circuit Reaffirms Minimal Explanation and Harmless Error for Consecutive Revocation Sentences

Date: Sep 11, 2025

Addressing the Central Thesis Suffices: Fourth Circuit Reaffirms Minimal Explanation and Harmless Error for Consecutive Revocation Sentences Introduction This commentary analyzes the Fourth Circuit’s...

Internal Affairs, Not Foreign Receivers, Controls Bankruptcy Authority; Product‑Line Successor Claims Are Property of the Estate — A Comprehensive Commentary on In re Whittaker Clark & Daniels, Inc. (3d Cir. 2025)

Date: Sep 11, 2025

Internal Affairs, Not Foreign Receivers, Controls Bankruptcy Authority; Product‑Line Successor Claims Are Property of the Estate A comprehensive commentary on In re Whittaker Clark & Daniels, Inc.,...

Differential Diagnosis Endorsed for Abusive Head Trauma: Nevada Affirms Physician Causation Testimony Without Biomechanical Expertise and Clarifies Limits on Juror-Impeachment and Prosecutorial Comment

Date: Sep 11, 2025

Differential Diagnosis Endorsed for Abusive Head Trauma: Nevada Affirms Physician Causation Testimony Without Biomechanical Expertise and Clarifies Limits on Juror-Impeachment and Prosecutorial...

Deemed‑Admitted Noncooperation and Failure to Return Client File Warrant a One‑Year‑and‑One‑Day Suspension: In re Tristan Patrick Gilley

Date: Sep 11, 2025

Deemed‑Admitted Noncooperation and Failure to Return Client File Warrant a One‑Year‑and‑One‑Day Suspension: In re Tristan Patrick Gilley Introduction In In re: Tristan Patrick Gilley, No. 2025-B-0713...

Spears v. Frame: Habeas Orders Must Contain Petitioner-Specific Findings; Incorporating a Co‑Defendant’s Findings Is Insufficient for Meaningful Appellate Review

Date: Sep 11, 2025

Spears v. Frame: Habeas Orders Must Contain Petitioner-Specific Findings; Incorporating a Co‑Defendant’s Findings Is Insufficient for Meaningful Appellate Review Court: Supreme Court of Appeals of...

Rule 35(b) in West Virginia: No Entitlement to Appointed Experts and Concise Orders Can Suffice — State v. Jeffery (W. Va. Sept. 10, 2025)

Date: Sep 11, 2025

Rule 35(b) in West Virginia: No Entitlement to Appointed Experts and Concise Orders Can Suffice — State v. Jeffery Introduction In State of West Virginia v. Joey Keith Jeffery, No. 23-538 (Kanawha...

Eleventh Circuit Clarifies PLRA “Three-Strikes”: Jurisdictional Dismissals and Prior § 1915(g) Dismissals Do Not Count Absent an Express Failure-to-State-a-Claim Basis

Date: Sep 11, 2025

Eleventh Circuit Clarifies PLRA “Three-Strikes”: Jurisdictional Dismissals and Prior § 1915(g) Dismissals Do Not Count Absent an Express Failure-to-State-a-Claim Basis Case: George Walter Brewster,...

Device‑Location Data Is CPNI Under § 222: Second Circuit Upholds FCC Forfeiture and Clarifies Seventh Amendment Path via § 504(a)

Date: Sep 11, 2025

Device‑Location Data Is CPNI Under § 222: Second Circuit Upholds FCC Forfeiture and Clarifies Seventh Amendment Path via § 504(a) Introduction This commentary analyzes the Second Circuit’s decision...

For Pre‑2021 Asylum Filings, Past Persecution Triggers a Presumption that Internal Relocation Is Unreasonable—Burden Rests with DHS (Sahni v. Bondi)

Date: Sep 11, 2025

For Pre‑2021 Asylum Filings, Past Persecution Triggers a Presumption that Internal Relocation Is Unreasonable—Burden Rests with DHS (Sahni v. Bondi) Introduction This commentary analyzes the Second...

Pretext Turns on the Decisionmaker’s Actual Belief; Temporal Proximity Alone Cannot Overcome Documented, Pre‑Existing Nonrenewal Plans

Date: Sep 11, 2025

Pretext Turns on the Decisionmaker’s Actual Belief; Temporal Proximity Alone Cannot Overcome Documented, Pre‑Existing Nonrenewal Plans Introduction In this unpublished decision, the Fourth Circuit...

Rendon v. White Castle Systems, Inc.: Reversible Error to Conflate Tenant and Landowner Duties in Sidewalk Cases; Medical Expenses Limited to Amounts Actually Owed

Date: Sep 11, 2025

Rendon v. White Castle Systems, Inc.: Reversible Error to Conflate Tenant and Landowner Duties in Sidewalk Cases; Medical Expenses Limited to Amounts Actually Owed Introduction In Rendon v. White...

Pleading-Stage Survival of Contribution Claims Against Municipalities for Defective Street Appurtenances and “Special Use” Liability of Non‑Owner Occupiers

Date: Sep 11, 2025

Pleading-Stage Survival of Contribution Claims Against Municipalities for Defective Street Appurtenances and “Special Use” Liability of Non‑Owner Occupiers Introduction In N.I. v. City of New York...

“Children” Means Under 18 for § 2251(e), and § 3283’s Child‑Abuse Limitations Apply to Mann Act § 2421: Commentary on United States v. Deakins (6th Cir. 2025)

Date: Sep 11, 2025

“Children” Means Under 18 for § 2251(e), and § 3283’s Child‑Abuse Limitations Apply to Mann Act § 2421: Commentary on United States v. Deakins (6th Cir. 2025) Introduction In United States v....

Censure, Not Suspension, for Dual Misdemeanor DWI Convictions Where Mitigation Is Strong: Matter of Halton

Date: Sep 11, 2025

Censure, Not Suspension, for Dual Misdemeanor DWI Convictions Where Mitigation Is Strong: Matter of Halton Introduction In Matter of Halton, 2025 NY Slip Op 04902 (Appellate Division, Second...

Sixth Circuit Holds First Step Act Time Credits Cannot Reduce Supervised Release; Habeas Challenges Become Moot Upon Release

Date: Sep 11, 2025

Sixth Circuit Holds First Step Act Time Credits Cannot Reduce Supervised Release; Habeas Challenges Become Moot Upon Release Case: Terrell Anthony Hargrove v. Ian Healy, No. 24-3809 (6th Cir. Sept....

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