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

In re F.S.: Compelled Treatment, Aggravated Circumstances, and the Written-Motion Requirement for Improvement Periods

Date: Sep 11, 2025

In re F.S.: Compelled Treatment, Aggravated Circumstances, and the Written-Motion Requirement for Improvement Periods Introduction In this memorandum decision, the Supreme Court of Appeals of West...

Second Circuit: Rule 37(b) Attorney Sanctions—Including MDL Leadership Removal and Common Benefit Restrictions—Are Not Immediately Appealable Under the Collateral Order Doctrine

Date: Sep 11, 2025

Second Circuit: Rule 37(b) Attorney Sanctions—Including MDL Leadership Removal and Common Benefit Restrictions—Are Not Immediately Appealable Under the Collateral Order Doctrine Introduction In In...

Reaffirming That Noncompliance With DHS Services Precludes an Improvement Period and Supports Termination: In re E.Y. and G.S.

Date: Sep 11, 2025

Reaffirming That Noncompliance With DHS Services Precludes an Improvement Period and Supports Termination: In re E.Y. and G.S. Introduction In In re E.Y. and G.S., No. 24-358 (W. Va. Sept. 10, 2025)...

Finality First: Second-in-Time §2255 Filings During a Pending Appeal Are “Second or Successive”; District Courts Must Consider §3553(a) When Asked to Modify Supervised-Release Conditions

Date: Sep 11, 2025

Finality First: Second-in-Time §2255 Filings During a Pending Appeal Are “Second or Successive”; District Courts Must Consider §3553(a) When Asked to Modify Supervised-Release Conditions Introduction...

Child Disclosures and Behavioral Corroboration Can Meet the Clear-and-Convincing Standard Without Physical Evidence; Rule 19(b) Permits Reopened Adjudications on Amended Allegations

Date: Sep 11, 2025

Child Disclosures and Behavioral Corroboration Can Meet the Clear-and-Convincing Standard Without Physical Evidence; Rule 19(b) Permits Reopened Adjudications on Amended Allegations Introduction In...

New York Claim Preclusion Reaffirmed: “Convenient Trial Unit” Is Non‑Dispositive; Different Contracts Do Not Avoid Res Judicata When Tied to the Same Transactional Nucleus

Date: Sep 11, 2025

New York Claim Preclusion Reaffirmed: “Convenient Trial Unit” Is Non‑Dispositive; Different Contracts Do Not Avoid Res Judicata When Tied to the Same Transactional Nucleus Introduction This...

Tenth Circuit Clarifies Appeal-Waiver Cap Tied to a Fixed Offense Level: A Sentence Below the Level-35 Top End Is Unappealable Even If the Court Calculates a Higher Offense Level

Date: Sep 11, 2025

Tenth Circuit Clarifies Appeal-Waiver Cap Tied to a Fixed Offense Level: A Sentence Below the Level-35 Top End Is Unappealable Even If the Court Calculates a Higher Offense Level Introduction In...

Proof of Contractual Default Notices Must Come From the Mailer or Contemporaneous Records: Wilmington Trust, N.A. v. Singh

Date: Sep 11, 2025

Proof of Contractual Default Notices Must Come From the Mailer or Contemporaneous Records: Wilmington Trust, N.A. v. Singh Introduction In Wilmington Trust, N.A. v. Singh, 2025 NY Slip Op 04938 (App...

Pittman v. State (Fla. 2025): Reaffirming Phillips—Hall Is Not Retroactive and Intellectual-Disability Claims Remain Subject to Strict Time and Successiveness Bars

Date: Sep 11, 2025

Pittman v. State (Fla. 2025): Reaffirming Phillips—Hall Is Not Retroactive and Intellectual-Disability Claims Remain Subject to Strict Time and Successiveness Bars Introduction In David Joseph...

Principles-Based Sensitive-Places Doctrine: Third Circuit Upholds Most Location Bans, Invalidates Insurance Mandate and Private-Property Default in Koons v. Attorney General of New Jersey

Date: Sep 11, 2025

Principles-Based Sensitive-Places Doctrine: Third Circuit Upholds Most Location Bans, Invalidates Insurance Mandate and Private-Property Default in Koons v. Attorney General of New Jersey...

Title VII Retaliation After a Sexual-Assault Report: Sixth Circuit Requires Proof of a Reasonable, Good‑Faith Belief in Nonconsent; Intrinsic Consent Evidence Not Barred by Rule 412

Date: Sep 11, 2025

Title VII Retaliation After a Sexual-Assault Report: Sixth Circuit Requires Proof of a Reasonable, Good‑Faith Belief in Nonconsent; Intrinsic Consent Evidence Not Barred by Rule 412 Case: Samantha...

Nonjurisdictional Filing Defects and Estate Ownership of Product‑Line Successor Claims: Third Circuit’s Guidance in In re Whittaker Clark & Daniels

Date: Sep 11, 2025

Nonjurisdictional Filing Defects and Estate Ownership of Product‑Line Successor Claims: Third Circuit’s Guidance in In re Whittaker Clark & Daniels Introduction The Third Circuit’s precedential...

No Fifth Amendment Retaliation at Sentencing Without a Demonstrable Nexus: United States v. Johnathan Crawford (4th Cir. 2025)

Date: Sep 11, 2025

No Fifth Amendment Retaliation at Sentencing Without a Demonstrable Nexus: United States v. Johnathan Crawford (4th Cir. 2025) Introduction In this unpublished but instructive decision, the Fourth...

Sixth Circuit Clarifies Third-Party Consent at Family Businesses and Reaffirms Broad Discretion in Public Contracting Under “Best-Interest” RFPs

Date: Sep 11, 2025

Sixth Circuit Clarifies Third-Party Consent at Family Businesses and Reaffirms Broad Discretion in Public Contracting Under “Best-Interest” RFPs Introduction In Rockwood Auto Parts, Inc.; Rockwood...

Non-Exhaustive Duties Clauses Foreclose Extra-Compensation and Quasi-Contract Claims; Promissory Estoppel Requires Unconscionable Injury — Commentary on Holman v. St. John's Episcopal Hospital (2d Dept. 2025)

Date: Sep 11, 2025

Non-Exhaustive Duties Clauses Foreclose Extra-Compensation and Quasi-Contract Claims; Promissory Estoppel Requires Unconscionable Injury — Holman v. St. John's Episcopal Hospital (2d Dept. 2025)...

Recall Alone Is Not Enough for Article III Standing: Sixth Circuit Demands Plausible Contamination Allegations in Benefit-of-the-Bargain and Risk-of-Illness Suits

Date: Sep 11, 2025

Recall Alone Is Not Enough for Article III Standing: Sixth Circuit Demands Plausible Contamination Allegations in Benefit-of-the-Bargain and Risk-of-Illness Suits Case: Ward v. J.M. Smucker Co., No....

CPLR 2001 Can Cure Minor RPAPL 1304 Counseling-List Mislabeling; Referee’s Computations Must Rest on Admissible Business Records

Date: Sep 11, 2025

CPLR 2001 Can Cure Minor RPAPL 1304 Counseling-List Mislabeling; Referee’s Computations Must Rest on Admissible Business Records Introduction In Bank of America, N.A. v. Barnett, 2025 NY Slip Op...

Borden Does Not Control West Virginia’s Habitual Offender Statute: DUI Causing Serious Bodily Injury Remains a “Crime of Violence” for Recidivist Life Sentencing

Date: Sep 11, 2025

Borden Does Not Control West Virginia’s Habitual Offender Statute: DUI Causing Serious Bodily Injury Remains a “Crime of Violence” for Recidivist Life Sentencing Introduction In State of West...

Meaningful Participation in a Medically Fragile Child’s Care Is Required for “Substantial Compliance”: Moderate Compliance Does Not Compel Extension of Improvement Periods (In re N.E., W. Va. 2025)

Date: Sep 11, 2025

Meaningful Participation in a Medically Fragile Child’s Care Is Required for “Substantial Compliance”: Moderate Compliance Does Not Compel Extension of Improvement Periods Commentary on In re N.E.,...

Acknowledgment of Domestic Violence Is a Prerequisite to Improvement Periods; Ongoing Abuse During Proceedings Supports Immediate Termination — Commentary on In re J.C.-1 and J.C.-2 (W. Va. Sept. 10, 2025)

Date: Sep 11, 2025

Acknowledgment of Domestic Violence Is a Prerequisite to Improvement Periods; Ongoing Abuse During Proceedings Supports Immediate Termination Case: In re J.C.-1 and J.C.-2, No. 24-554 (W. Va. Sept....

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