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

Prospective Only: Fourth Circuit Limits Ex parte Young Relief in Takings Cases to Post-Judgment Interest on State-Held Unclaimed Property

Prospective Only: Fourth Circuit Limits Ex parte Young Relief in Takings Cases to Post-Judgment Interest on State-Held Unclaimed Property

Date: Sep 11, 2025
Prospective Only: Fourth Circuit Limits Ex parte Young Relief in Takings Cases to Post-Judgment Interest on State-Held Unclaimed Property Introduction In Steven G. Albert v. Brooke E. Lierman, the...
Nevada Supreme Court Enforces Contractual Irreparable-Harm Presumptions to Support Mandatory Injunction and Specific Performance in Convertible Note Disputes

Nevada Supreme Court Enforces Contractual Irreparable-Harm Presumptions to Support Mandatory Injunction and Specific Performance in Convertible Note Disputes

Date: Sep 11, 2025
Nevada Supreme Court Enforces Contractual Irreparable-Harm Presumptions to Support Mandatory Injunction and Specific Performance in Convertible Note Disputes Introduction In Blackstar Enterprise...
Sixth Circuit Clarifies Rule 801(d)(2)(D): HR Employees Who Merely Deliver Termination Decisions Are Not Opposing-Party Declarants

Sixth Circuit Clarifies Rule 801(d)(2)(D): HR Employees Who Merely Deliver Termination Decisions Are Not Opposing-Party Declarants

Date: Sep 11, 2025
Sixth Circuit Clarifies Rule 801(d)(2)(D): HR Employees Who Merely Deliver Termination Decisions Are Not Opposing-Party Declarants Introduction In Pearlie R. Hill v. TK Elevator Manufacturing, Inc.,...
Waiver by Motion Practice: Personal Jurisdiction and CPLR 3215(c) Abandonment Defenses Forfeited; 22 NYCRR 202.48 Inapplicable Absent “On Notice” Directive

Waiver by Motion Practice: Personal Jurisdiction and CPLR 3215(c) Abandonment Defenses Forfeited; 22 NYCRR 202.48 Inapplicable Absent “On Notice” Directive

Date: Sep 11, 2025
Waiver by Motion Practice: Personal Jurisdiction and CPLR 3215(c) Abandonment Defenses Forfeited; 22 NYCRR 202.48 Inapplicable Absent “On Notice” Directive Introduction In Bank of New York Mellon v....
No Improvement Without Acknowledgment: West Virginia Affirms Denial of Improvement Period and Child-Specific Dispositions in Domestic-Violence-Based Abuse and Neglect

No Improvement Without Acknowledgment: West Virginia Affirms Denial of Improvement Period and Child-Specific Dispositions in Domestic-Violence-Based Abuse and Neglect

Date: Sep 11, 2025
No Improvement Without Acknowledgment: West Virginia Affirms Denial of Improvement Period and Child-Specific Dispositions in Domestic-Violence-Based Abuse and Neglect Case: In re T.B., T.D., J.C.-1,...
“Good Cause” Means More Than Docket Delay; Written Motion Required for Improvement Periods: Commentary on In re J.S.-1 and J.S.-2 (W. Va. Sept. 10, 2025)

“Good Cause” Means More Than Docket Delay; Written Motion Required for Improvement Periods: Commentary on In re J.S.-1 and J.S.-2 (W. Va. Sept. 10, 2025)

Date: Sep 11, 2025
“Good Cause” Means More Than Docket Delay; Written Motion Required for Improvement Periods: Commentary on In re J.S.-1 and J.S.-2 (W. Va. Sept. 10, 2025) Introduction In re J.S.-1 and J.S.-2 is a...
Nonparticipation Precludes Improvement Period: West Virginia Supreme Court Reaffirms Denial of Improvement Period and Termination Where Parent Fails to Engage, Despite Mental Health Claims

Nonparticipation Precludes Improvement Period: West Virginia Supreme Court Reaffirms Denial of Improvement Period and Termination Where Parent Fails to Engage, Despite Mental Health Claims

Date: Sep 11, 2025
Nonparticipation Precludes Improvement Period: West Virginia Supreme Court Reaffirms Denial of Improvement Period and Termination Where Parent Fails to Engage, Despite Mental Health Claims...
Tenth Circuit Clarifies: No Post‑Judgment Right to Unseal or Obtain Records Absent a Particularized Legal Need or Pending Proceeding — United States v. Geddes

Tenth Circuit Clarifies: No Post‑Judgment Right to Unseal or Obtain Records Absent a Particularized Legal Need or Pending Proceeding — United States v. Geddes

Date: Sep 11, 2025
Tenth Circuit Clarifies: No Post‑Judgment Right to Unseal or Obtain Records Absent a Particularized Legal Need or Pending Proceeding — United States v. Geddes Introduction In United States v. Geddes,...
Compatibility and Proximity Control: Third Circuit Reaffirms LCM Capability Under § 2K2.1(a)(3), Applies Perez’s Close‑Proximity Presumption, and Rejects Probationer’s Second Amendment Challenge

Compatibility and Proximity Control: Third Circuit Reaffirms LCM Capability Under § 2K2.1(a)(3), Applies Perez’s Close‑Proximity Presumption, and Rejects Probationer’s Second Amendment Challenge

Date: Sep 11, 2025
Compatibility and Proximity Control: Third Circuit Reaffirms LCM Capability Under § 2K2.1(a)(3), Applies Perez’s Close‑Proximity Presumption, and Rejects Probationer’s Second Amendment Challenge...
Equitable Estoppel Cannot Broaden “Between the Parties” Arbitration Clauses; Principal’s Waiver Extinguishes an Agent’s Ability to Compel Arbitration — Fucci v. First American Title Insurance Co. (10th Cir. 2025)

Equitable Estoppel Cannot Broaden “Between the Parties” Arbitration Clauses; Principal’s Waiver Extinguishes an Agent’s Ability to Compel Arbitration — Fucci v. First American Title Insurance Co. (10th Cir. 2025)

Date: Sep 11, 2025
Equitable Estoppel Cannot Broaden “Between the Parties” Arbitration Clauses; Principal’s Waiver Extinguishes an Agent’s Ability to Compel Arbitration — Fucci v. First American Title Insurance Co....
No Committee, No Replacement: Strict Pre-Filing Committee-of-Five Designation Required to Fill Nonpartisan Candidate Vacancies under R.C. 3513.31(F)

No Committee, No Replacement: Strict Pre-Filing Committee-of-Five Designation Required to Fill Nonpartisan Candidate Vacancies under R.C. 3513.31(F)

Date: Sep 11, 2025
No Committee, No Replacement: Strict Pre-Filing Committee-of-Five Designation Required to Fill Nonpartisan Candidate Vacancies under R.C. 3513.31(F) Introduction In State ex rel. Vermilion Campaign...
Plasse: Office Disruptions and Lien Uncertainty Do Not Excuse Escrow Misappropriation; One‑Year Suspension for Pattern of Deficiencies and Commingling

Plasse: Office Disruptions and Lien Uncertainty Do Not Excuse Escrow Misappropriation; One‑Year Suspension for Pattern of Deficiencies and Commingling

Date: Sep 11, 2025
Plasse: Office Disruptions and Lien Uncertainty Do Not Excuse Escrow Misappropriation; One‑Year Suspension for Pattern of Deficiencies and Commingling Introduction This commentary examines the...
Procedural Due Process and Permanency Timelines: Nevada Affirms the Constitutionality of NRS 128.109’s Rebuttable Presumptions in Termination of Parental Rights

Procedural Due Process and Permanency Timelines: Nevada Affirms the Constitutionality of NRS 128.109’s Rebuttable Presumptions in Termination of Parental Rights

Date: Sep 11, 2025
Procedural Due Process and Permanency Timelines: Nevada Affirms the Constitutionality of NRS 128.109’s Rebuttable Presumptions in Termination of Parental Rights Introduction In In re: Parental Rights...
Unauthorized Practice by Advice-and-Fee Acceptance During Suspension Warrants Suspension—Not Disbarment—Absent Direct Court Filings: In re Haley (La. 2025)

Unauthorized Practice by Advice-and-Fee Acceptance During Suspension Warrants Suspension—Not Disbarment—Absent Direct Court Filings: In re Haley (La. 2025)

Date: Sep 11, 2025
Unauthorized Practice by Advice-and-Fee Acceptance During Suspension Warrants Suspension—Not Disbarment—Absent Direct Court Filings: In re Haley (La. 2025) Case: In re: Ronald Sidney Haley, Jr., No....
Counsel’s Representation Suffices to Verify PSI Review Under Rule 32(c)(3)(A); Failure to Object Waives Challenge (State v. Layton)

Counsel’s Representation Suffices to Verify PSI Review Under Rule 32(c)(3)(A); Failure to Object Waives Challenge (State v. Layton)

Date: Sep 11, 2025
Counsel’s Representation Suffices to Verify PSI Review Under Rule 32(c)(3)(A); Failure to Object Waives Challenge Introduction In State of West Virginia v. Thomas Layton (No. 24-685), the Supreme...
Reaffirming Rule 35(a)’s Narrow Reach and the Definite Sentencing Scheme for Voluntary Manslaughter in West Virginia

Reaffirming Rule 35(a)’s Narrow Reach and the Definite Sentencing Scheme for Voluntary Manslaughter in West Virginia

Date: Sep 11, 2025
Reaffirming Rule 35(a)’s Narrow Reach and the Definite Sentencing Scheme for Voluntary Manslaughter in West Virginia Introduction This commentary examines the Supreme Court of Appeals of West...
Failure to Enter Court-Ordered Substance Abuse Treatment Supports “No Reasonable Likelihood” Finding and Termination of Parental Rights

Failure to Enter Court-Ordered Substance Abuse Treatment Supports “No Reasonable Likelihood” Finding and Termination of Parental Rights

Date: Sep 11, 2025
Failure to Enter Court-Ordered Substance Abuse Treatment Supports “No Reasonable Likelihood” Finding and Termination of Parental Rights Introduction In re S.H., No. 24-555 (W. Va. Sept. 10, 2025), is...
Belated, Insincere Acknowledgment Is Insufficient for an Improvement Period; Termination May Proceed Even When the Other Parent Is Fit — In re S.B., H.B., D.B., and N.B.

Belated, Insincere Acknowledgment Is Insufficient for an Improvement Period; Termination May Proceed Even When the Other Parent Is Fit — In re S.B., H.B., D.B., and N.B.

Date: Sep 11, 2025
Belated, Insincere Acknowledgment Is Insufficient for an Improvement Period; Termination May Proceed Even When the Other Parent Is Fit — In re S.B., H.B., D.B., and N.B. Introduction This memorandum...
Affirmance on Alternative Merits Grounds and Strict Limits on Pro Se Repleading: No First Amendment Bivens and WPA Applies Only to Federal Employees

Affirmance on Alternative Merits Grounds and Strict Limits on Pro Se Repleading: No First Amendment Bivens and WPA Applies Only to Federal Employees

Date: Sep 11, 2025
Affirmance on Alternative Merits Grounds and Strict Limits on Pro Se Repleading: No First Amendment Bivens and WPA Applies Only to Federal Employees Introduction In Jean Guillaume v. United States...
In re H.C.: No Automatic Post‑Guardianship Visitation—Parental Rehabilitation Alone Is Insufficient Absent a Strong Bond and Best‑Interests Showing

In re H.C.: No Automatic Post‑Guardianship Visitation—Parental Rehabilitation Alone Is Insufficient Absent a Strong Bond and Best‑Interests Showing

Date: Sep 11, 2025
In re H.C.: No Automatic Post‑Guardianship Visitation—Parental Rehabilitation Alone Is Insufficient Absent a Strong Bond and Best‑Interests Showing Introduction This memorandum decision from the...
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