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

Eleventh Circuit Adopts Defendant‑Specific Reading of § 922(g)(1) and Limits “Imprisonment” to Actual Incarceration

Eleventh Circuit Adopts Defendant‑Specific Reading of § 922(g)(1) and Limits “Imprisonment” to Actual Incarceration

Date: Sep 11, 2025
Eleventh Circuit Adopts Defendant‑Specific Reading of § 922(g)(1) and Limits “Imprisonment” to Actual Incarceration Introduction In United States v. Joshua Eugene Gaines, the Eleventh Circuit vacated...
United States v. Simpson: Violent Predicate Felonies—including Vehicular Flight—Sustain § 922(g)(1) Against As‑Applied Second Amendment Challenges

United States v. Simpson: Violent Predicate Felonies—including Vehicular Flight—Sustain § 922(g)(1) Against As‑Applied Second Amendment Challenges

Date: Sep 11, 2025
United States v. Simpson: Violent Predicate Felonies—including Vehicular Flight—Sustain § 922(g)(1) Against As‑Applied Second Amendment Challenges Court: United States Court of Appeals for the Fifth...
In re A.S.: Incarceration at Petition Filing Can Constitute Neglect; Later No-Contact or Zero-Support Orders Do Not Defeat Adjudication

In re A.S.: Incarceration at Petition Filing Can Constitute Neglect; Later No-Contact or Zero-Support Orders Do Not Defeat Adjudication

Date: Sep 11, 2025
In re A.S.: Incarceration at Petition Filing Can Constitute Neglect; Later No-Contact or Zero-Support Orders Do Not Defeat Adjudication Introduction In a memorandum decision issued on September 10,...
No Individualized Dangerousness Inquiry for Drug‑Trafficking Felons under § 922(g)(1): The Fifth Circuit’s Per Se Rule Reaffirmed in United States v. Mancilla

No Individualized Dangerousness Inquiry for Drug‑Trafficking Felons under § 922(g)(1): The Fifth Circuit’s Per Se Rule Reaffirmed in United States v. Mancilla

Date: Sep 11, 2025
No Individualized Dangerousness Inquiry for Drug‑Trafficking Felons under § 922(g)(1): The Fifth Circuit’s Per Se Rule Reaffirmed in United States v. Mancilla Introduction In United States v....
No Automatic Inclusion: West Virginia Supreme Court Requires Individual Adjudication for Each Child Before Disposition in Abuse and Neglect Proceedings

No Automatic Inclusion: West Virginia Supreme Court Requires Individual Adjudication for Each Child Before Disposition in Abuse and Neglect Proceedings

Date: Sep 11, 2025
No Automatic Inclusion: West Virginia Supreme Court Requires Individual Adjudication for Each Child Before Disposition in Abuse and Neglect Proceedings Introduction In In re A.B., L.E., and J.B., No....
Rational-Basis Limits on SORA’s “Sexually Violent Offender” Label for Out-of-State Convictions: People v. Edwards (2d Dep’t 2025)

Rational-Basis Limits on SORA’s “Sexually Violent Offender” Label for Out-of-State Convictions: People v. Edwards (2d Dep’t 2025)

Date: Sep 11, 2025
Rational-Basis Limits on SORA’s “Sexually Violent Offender” Label for Out-of-State Convictions: People v. Edwards (2d Dep’t 2025) Introduction In People v. Edwards, 2025 NY Slip Op 04922 (App Div, 2d...
No Prejudice, No Abandonment: Second Department Reaffirms Discretionary Nonforfeiture Under 22 NYCRR 202.48 in M&T v. Ahmed

No Prejudice, No Abandonment: Second Department Reaffirms Discretionary Nonforfeiture Under 22 NYCRR 202.48 in M&T v. Ahmed

Date: Sep 11, 2025
No Prejudice, No Abandonment: Second Department Reaffirms Discretionary Nonforfeiture Under 22 NYCRR 202.48 Introduction In Manufacturers & Traders Trust Company v. Ahmed (2025 NY Slip Op 04898), the...
Whittaker Clarifies: Filing Authority Is Nonjurisdictional, Sister‑State Receivers Cannot Strip a Board’s Bankruptcy Power, and Product‑Line Successor Claims Belong to the Estate

Whittaker Clarifies: Filing Authority Is Nonjurisdictional, Sister‑State Receivers Cannot Strip a Board’s Bankruptcy Power, and Product‑Line Successor Claims Belong to the Estate

Date: Sep 11, 2025
Whittaker Clarifies: Filing Authority Is Nonjurisdictional, Sister‑State Receivers Cannot Strip a Board’s Bankruptcy Power, and Product‑Line Successor Claims Belong to the Estate Introduction In a...
Frustration of Purpose in COVID‑19 Wedding-Catering Contracts: Second Department Affirms Refund of Deposits and Rejects Anticipatory Breach; Ambiguity Permits Parol Evidence

Frustration of Purpose in COVID‑19 Wedding-Catering Contracts: Second Department Affirms Refund of Deposits and Rejects Anticipatory Breach; Ambiguity Permits Parol Evidence

Date: Sep 11, 2025
Frustration of Purpose in COVID‑19 Wedding-Catering Contracts: Second Department Affirms Refund of Deposits and Rejects Anticipatory Breach; Ambiguity Permits Parol Evidence Kay v. Heavenly Events &...
United States v. Medina: First Circuit Clarifies Permissible Use of Generic Interstate Commerce Examples in Jury Instructions and Affirms Narrow Application of the Excited Utterance Exception

United States v. Medina: First Circuit Clarifies Permissible Use of Generic Interstate Commerce Examples in Jury Instructions and Affirms Narrow Application of the Excited Utterance Exception

Date: Sep 10, 2025
United States v. Medina: First Circuit Clarifies Permissible Use of Generic Interstate Commerce Examples in Jury Instructions and Affirms Narrow Application of the Excited Utterance Exception...
Diagnosis-Based Exclusions for Gender-Affirming Surgery Are Not Facially Sex Discrimination Under Title VII: The Eleventh Circuit’s En Banc Decision in Lange v. Houston County

Diagnosis-Based Exclusions for Gender-Affirming Surgery Are Not Facially Sex Discrimination Under Title VII: The Eleventh Circuit’s En Banc Decision in Lange v. Houston County

Date: Sep 10, 2025
Diagnosis-Based Exclusions for Gender-Affirming Surgery Are Not Facially Sex Discrimination Under Title VII: The Eleventh Circuit’s En Banc Decision in Lange v. Houston County Introduction This en...
Human Oversight and Secured-Only Systems: Pennsylvania Supreme Court’s Interim Framework for Judicial Use of Generative AI

Human Oversight and Secured-Only Systems: Pennsylvania Supreme Court’s Interim Framework for Judicial Use of Generative AI

Date: Sep 10, 2025
Human Oversight and Secured-Only Systems: Pennsylvania Supreme Court’s Interim Framework for Judicial Use of Generative AI Introduction On September 9, 2025, the Supreme Court of Pennsylvania issued...
No “Private Areas” Exception: Montana Supreme Court Reaffirms That Probation Home Visits—Including Bedroom Walkthroughs—Are Not Searches

No “Private Areas” Exception: Montana Supreme Court Reaffirms That Probation Home Visits—Including Bedroom Walkthroughs—Are Not Searches

Date: Sep 10, 2025
No “Private Areas” Exception: Montana Supreme Court Reaffirms That Probation Home Visits—Including Bedroom Walkthroughs—Are Not Searches Case: State v. Manyhides, 2025 MT 204 (Mont. Sept. 9, 2025)...
Implied Consent Opens the Door: Montana Supreme Court Affirms Post‑Trial Amendment and Third‑Party Parental Interest Under § 40‑4‑228, MCA (Marriage of Rehbein & Paddock, 2025 MT 201)

Implied Consent Opens the Door: Montana Supreme Court Affirms Post‑Trial Amendment and Third‑Party Parental Interest Under § 40‑4‑228, MCA (Marriage of Rehbein & Paddock, 2025 MT 201)

Date: Sep 10, 2025
Implied Consent Opens the Door: Montana Supreme Court Affirms Post‑Trial Amendment and Third‑Party Parental Interest Under § 40‑4‑228, MCA Case: In re the Marriage of Rehbein and Paddock (2025 MT...
No Amendment After Final Adjudication: Montana’s Strict Bar on Successive Post‑Conviction Petitions and the Narrow Actual‑Innocence Exception

No Amendment After Final Adjudication: Montana’s Strict Bar on Successive Post‑Conviction Petitions and the Narrow Actual‑Innocence Exception

Date: Sep 10, 2025
No Amendment After Final Adjudication: Montana’s Strict Bar on Successive Post‑Conviction Petitions and the Narrow Actual‑Innocence Exception Nonprecedential Note: This is a memorandum opinion under...
Sixth Circuit Clarifies Retaliatory Refusal to Remedy Dangerous Prison Conditions as Actionable First Amendment Violation; Risk-Only COVID-19 Exposure Insufficient for Damages Standing

Sixth Circuit Clarifies Retaliatory Refusal to Remedy Dangerous Prison Conditions as Actionable First Amendment Violation; Risk-Only COVID-19 Exposure Insufficient for Damages Standing

Date: Sep 10, 2025
Sixth Circuit Clarifies Retaliatory Refusal to Remedy Dangerous Prison Conditions as Actionable First Amendment Violation; Risk-Only COVID-19 Exposure Insufficient for Damages Standing Introduction...
No §1681i Liability Where Plaintiff’s Own Credit Report Refutes Inaccuracy: Exhibits Control Over Contrary Allegations in FCRA Pleadings

No §1681i Liability Where Plaintiff’s Own Credit Report Refutes Inaccuracy: Exhibits Control Over Contrary Allegations in FCRA Pleadings

Date: Sep 10, 2025
No §1681i Liability Where Plaintiff’s Own Credit Report Refutes Inaccuracy: Exhibits Control Over Contrary Allegations in FCRA Pleadings Introduction This commentary analyzes the Eleventh Circuit’s...
Content-Neutral, Not Content-Based: Second Circuit Holds New York’s UPL Restrictions on One-to-One Legal Advice Are Subject to Intermediate Scrutiny

Content-Neutral, Not Content-Based: Second Circuit Holds New York’s UPL Restrictions on One-to-One Legal Advice Are Subject to Intermediate Scrutiny

Date: Sep 10, 2025
Content-Neutral, Not Content-Based: Second Circuit Holds New York’s UPL Restrictions on One-to-One Legal Advice Are Subject to Intermediate Scrutiny Introduction In Upsolve, Inc. v. James, the United...
No Manufactured Diversity via Trust Appointments: Fifth Circuit Applies 28 U.S.C. § 1359 to Sham Trustees

No Manufactured Diversity via Trust Appointments: Fifth Circuit Applies 28 U.S.C. § 1359 to Sham Trustees

Date: Sep 10, 2025
No Manufactured Diversity via Trust Appointments: Fifth Circuit Applies 28 U.S.C. § 1359 to Sham Trustees Case: Fugedi v. Initram, No. 24-40283 (5th Cir. Sept. 9, 2025) Introduction The Fifth...
Third Circuit Reaffirms Strict Timeliness and Excusable-Neglect Limits on Rule 60 Relief in Bankruptcy Claim Expungements

Third Circuit Reaffirms Strict Timeliness and Excusable-Neglect Limits on Rule 60 Relief in Bankruptcy Claim Expungements

Date: Sep 10, 2025
Third Circuit Reaffirms Strict Timeliness and Excusable-Neglect Limits on Rule 60 Relief in Bankruptcy Claim Expungements Introduction In a non-precedential opinion, the United States Court of...
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