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first-circuit-reinforces-first-amendment-protections-for-secret-audio-recording-of-police-in-public:-interpretation-of-massachusetts& Case Commentaries
State v. Post: Mandatory Ability-to-Pay Findings for Fines, Fees, and Surcharges; Oral Sentence Controls Introduction In State v. Post, 2025 MT 215 (Mont. Sept. 23, 2025), the Montana Supreme Court...
Credibility of Oral Modified‑Duty Offers Controls TTD Termination: West Virginia’s High Court Reaffirms Deference to the Board of Review Under § 23‑4‑7a(e) Introduction In Dainel Nicole Smith v. West...
Accident Location Is Not Dispositive: Evidence, Not Assertions, Controls Transfers Under Alabama’s Forum Non Conveniens Statute (§ 6-3-21.1) Introduction This commentary analyzes the Supreme Court of...
Substantive Immunity Shields Municipalities from Negligence Claims Over Inoperable Interstate Streetlights Introduction In Ex parte City of Birmingham (In re: Smith v. City of Birmingham), decided on...
Amendments that Materially Change Interest Terms Are New, Time‑Barred Claims Under Mississippi Probate Law (§ 91-7-151) Case: In Re The Estate of Herbert Bernard Ivison, Jr.: Malouf & Malouf, PLLC v....
Repeated Unwanted Touching Can Be “Severe or Pervasive” Under § 1983 and NYSHRL; Stray Sexist Remarks Do Not Establish Intent; Remedial Response Defeats Monell Deliberate-Indifference Theory Case:...
Reaffirming the “At-Risk” Trigger for Asylum Timeliness and the Evidentiary Demands for Diaspora Activism: The Second Circuit’s Summary Order in Huang v. Bondi Introduction In Huang v. Bondi (No....
Eleventh Circuit: No Clearly Established Ban on Using Commissary Records to Gauge Religious Sincerity; Appellants Who Do Not Brief Qualified Immunity Abandon Their Appeal Introduction In Cantrell...
Eleventh Circuit Applies Substantial-Evidence Review to § 1229b(b)(1)(D) and Reaffirms the Two‑Part Health‑Hardship Test (Matter of J‑J‑G‑) in Cancellation Cases Case: Maria Virginia Rodriguez Robles...
Eleventh Circuit solidifies substantial-evidence review of §1229b(b)(1)(D) hardship and endorses J-J-G-’s two-part health-care test Introduction In this consolidated, unpublished decision, the U.S....
Forgoing a Suppression Motion Is Not Ineffective Assistance When Reasonable Suspicion to Prolong a Traffic Stop Is At Least Debatable Introduction In Richard Norris v. United States, No. 24-13306...
Objective Harmless-Error Review of ACCA “Different Occasions” Post‑Erlinger: Unrebutted PSRs and Months‑Long Gaps Sustain Enhancements — United States v. Ballinger (6th Cir. 2025) Introduction United...
Unrelated Questioning After Mission Tasks Are Complete Unlawfully Prolongs Traffic Stop and Taints Consent: Sixth Circuit in United States v. Moffitt Introduction In United States v. Frankie L....
Bad Faith Requires More Than Negligence: Eleventh Circuit Clarifies Rule 56’s Demands, Coverage-Investigation Leeway, and Global-Settlement Strategy in Florida Third-Party Claims Introduction In a...
Eleventh Circuit Carves a Redressability Window for Closed Adult Businesses and Reaffirms Secondary-Effects Analysis Post‑Reed Introduction In WBY, Inc. v. City of Chamblee, Georgia, the United...
Third Circuit: Rule 11 Reaches Attached “Dispute Letters” and Removed Complaints; Inherent-Power Sanctions Extend to Prelitigation Schemes to Manufacture FDCPA Claims Introduction In a precedential...
No State-Created Danger Without Direct But-For Causation: Third Circuit Affirms Summary Judgment and Tightens Rule 56(d) Discovery in Estate of Lagano v. BCPO Court: U.S. Court of Appeals for the...
Reaffirming Divisibility by Drug Identity: The Third Circuit Holds Pennsylvania PWID Remains a Controlled-Substance “Element” Offense for INA Removability Introduction In Jose Miguel German Santos v....
Liberal Construction of Notices of Appeal and Qualified Immunity for Executing Facially Valid Warrants: Commentary on Pinkney v. Meadville Note: This Third Circuit disposition is designated not...
Rule 11 Reaches Attached Pre‑Suit Letters and Post‑Removal Advocacy; Inherent Power Sanctions Pre‑Suit Deception: Sofaly v. Portfolio Recovery Associates Introduction In Robert Sofaly v. Portfolio...