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

Affirmation of the PSLRA Safe Harbor and Rigorous Scienter Standards in Securities Litigation

Affirmation of the PSLRA Safe Harbor and Rigorous Scienter Standards in Securities Litigation

Date: May 17, 2025
Affirmation of the PSLRA Safe Harbor and Rigorous Scienter Standards in Securities Litigation Introduction In Mangrove Partners Fund, Ltd. v. Bristol-Myers Squibb Co., 24-826 (2d Cir. May 16, 2025),...
Criminal Negligence as Mens Rea for Unlawful Operation under RSA 263:64, V-a

Criminal Negligence as Mens Rea for Unlawful Operation under RSA 263:64, V-a

Date: May 17, 2025
Criminal Negligence as Mens Rea for Unlawful Operation under RSA 263:64, V-a Introduction This commentary examines the Supreme Court of New Hampshire’s decision in State v. Warren, 2025 N.H. 21,...
Eleventh Circuit Holds State Custody of Unclaimed Property May Constitute a Per Se Fifth Amendment Taking

Eleventh Circuit Holds State Custody of Unclaimed Property May Constitute a Per Se Fifth Amendment Taking

Date: May 17, 2025
Eleventh Circuit Holds State Custody of Unclaimed Property May Constitute a Per Se Fifth Amendment Taking Introduction In Alieda Maron v. Chief Financial Officer of Florida (No. 23-13178, 11th Cir....
Enforcement of Appellate Waivers Under Rule 11(b)(1)(N): United States v. Landa

Enforcement of Appellate Waivers Under Rule 11(b)(1)(N): United States v. Landa

Date: May 17, 2025
Enforcement of Appellate Waivers Under Rule 11(b)(1)(N): United States v. Landa Introduction The Second Circuit’s summary order in United States v. Landa, No. 24-1307-cr (2d Cir. May 16, 2025),...
Inquiry Notice and Reasonable Diligence Under CPLR 213(8): Poulard v. Delphin

Inquiry Notice and Reasonable Diligence Under CPLR 213(8): Poulard v. Delphin

Date: May 17, 2025
Inquiry Notice and Reasonable Diligence Under CPLR 213(8): Poulard v. Delphin Introduction Poulard v. Delphin is a summary order issued by the United States Court of Appeals for the Second Circuit on...
Limiting ADA Waivers of High School Sports Eligibility: But-For Causation and Fundamental Alteration in Doe v. Rhode Island Interscholastic League

Limiting ADA Waivers of High School Sports Eligibility: But-For Causation and Fundamental Alteration in Doe v. Rhode Island Interscholastic League

Date: May 17, 2025
Limiting ADA Waivers of High School Sports Eligibility: But-For Causation and Fundamental Alteration in Doe v. Rhode Island Interscholastic League Introduction The First Circuit’s decision in Doe v....
Statutory Definition of LLC Distributions Cannot Be Contracted Away by Operating Agreements

Statutory Definition of LLC Distributions Cannot Be Contracted Away by Operating Agreements

Date: May 17, 2025
Statutory Definition of LLC Distributions Cannot Be Contracted Away by Operating Agreements Introduction Lee E. Baker, Jr. v. Kenneth M. Duffus is a decision from the Supreme Court of the State of...
Recission of Inter Vivos Transfers Due to Undue Influence in Confidential Relationships: Estate of Erna Rousey

Recission of Inter Vivos Transfers Due to Undue Influence in Confidential Relationships: Estate of Erna Rousey

Date: May 17, 2025
Recission of Inter Vivos Transfers Due to Undue Influence in Confidential Relationships: Estate of Erna Rousey 1. Introduction In In the Matter of the Estate of Erna Rousey, the Alaska Supreme Court...
Clarifying “Failure to Plan” as a Ground for Termination of Parental Rights: Banks v. Division of Family Services

Clarifying “Failure to Plan” as a Ground for Termination of Parental Rights: Banks v. Division of Family Services

Date: May 17, 2025
Clarifying “Failure to Plan” as a Ground for Termination of Parental Rights: Banks v. Division of Family Services 1. Introduction In Banks v. Department of Services for Children, Youth and Their...
Bona Fide Claim Requirement under 26 U.S.C. §2053(a)(3) Reinforced: Estate of Spizzirri v. Commissioner

Bona Fide Claim Requirement under 26 U.S.C. §2053(a)(3) Reinforced: Estate of Spizzirri v. Commissioner

Date: May 17, 2025
Bona Fide Claim Requirement under 26 U.S.C. §2053(a)(3) Reinforced: Estate of Spizzirri v. Commissioner 1. Introduction Estate of Richard D. Spizzirri v. Commissioner of Internal Revenue, decided on...
Substantial Evidence, Supportability, and Appeals Council Review: Clarifications from Wickham v. Commissioner of Social Security

Substantial Evidence, Supportability, and Appeals Council Review: Clarifications from Wickham v. Commissioner of Social Security

Date: May 17, 2025
Substantial Evidence, Supportability, and Appeals Council Review: Clarifications from Wickham v. Commissioner of Social Security Introduction In Wickham v. Commissioner of Social Security, 24-2045...
Reaffirmation of the Pretext Standard and Alignment of McDonnell Douglas and Ortiz Frameworks Under Title VII

Reaffirmation of the Pretext Standard and Alignment of McDonnell Douglas and Ortiz Frameworks Under Title VII

Date: May 17, 2025
Reaffirmation of the Pretext Standard and Alignment of McDonnell Douglas and Ortiz Frameworks Under Title VII Introduction In James Napier v. Orchard School Foundation (7th Cir. No. 23-1659, decided...
Permissible Rehabilitation References in Supervised‐Release Revocation Sentencing

Permissible Rehabilitation References in Supervised‐Release Revocation Sentencing

Date: May 17, 2025
Permissible Rehabilitation References in Supervised‐Release Revocation Sentencing Introduction This commentary examines the Sixth Circuit’s May 16, 2025 decision in United States v. Dominique Jamar...
Clarifying Discretion and Bad Faith Requirements for Trade Secrets Fee Awards under DTSA and OUTSA

Clarifying Discretion and Bad Faith Requirements for Trade Secrets Fee Awards under DTSA and OUTSA

Date: May 17, 2025
Clarifying Discretion and Bad Faith Requirements for Trade Secrets Fee Awards under DTSA and OUTSA Introduction This commentary examines the Sixth Circuit’s decision in Shepard & Assocs., Inc. v....
Reaffirmation of Attorney Diligence Obligations: Public Reprimand for Repeated Missed Appellate Deadlines

Reaffirmation of Attorney Diligence Obligations: Public Reprimand for Repeated Missed Appellate Deadlines

Date: May 17, 2025
Reaffirmation of Attorney Diligence Obligations: Public Reprimand for Repeated Missed Appellate Deadlines Introduction In Iowa Supreme Court Attorney Disciplinary Board v. Karmen R. Anderson, No....
Refining State Action: Public School Employees Need Specific Delegated Authority to Conduct Searches

Refining State Action: Public School Employees Need Specific Delegated Authority to Conduct Searches

Date: May 17, 2025
Refining State Action: Public School Employees Need Specific Delegated Authority to Conduct Searches 1. Introduction In Holly Lawson v. Kayla Creely (6th Cir. 2025), the Sixth Circuit addressed...
Affirmation of Article 78 as Adequate Post-Deprivation Remedy & Heightened “Class of One” Equal Protection Standard

Affirmation of Article 78 as Adequate Post-Deprivation Remedy & Heightened “Class of One” Equal Protection Standard

Date: May 17, 2025
Affirmation of Article 78 as Adequate Post-Deprivation Remedy & Heightened “Class of One” Equal Protection Standard Introduction Grune v. Hernandez, No. 24-1803-cv (2d Cir. May 16, 2025), is a...
Sherrill: Proper Burden Allocation in Plain-Error Review of Unpreserved Public-Trial Right Claims

Sherrill: Proper Burden Allocation in Plain-Error Review of Unpreserved Public-Trial Right Claims

Date: May 17, 2025
Sherrill: Proper Burden Allocation in Plain-Error Review of Unpreserved Public-Trial Right Claims Introduction In People of the State of Michigan v. Allen Michael Sherrill (SC: 167769; May 16, 2025),...
Framework for Evaluating Ineffective Assistance of Counsel and Joinder Prejudice: State v. Corral

Framework for Evaluating Ineffective Assistance of Counsel and Joinder Prejudice: State v. Corral

Date: May 17, 2025
Framework for Evaluating Ineffective Assistance of Counsel and Joinder Prejudice: State v. Corral Introduction State v. Corral, 318 Neb. 940 (2025), is a landmark Nebraska Supreme Court decision...
Mandatory Pre-Sentencing Enhancement Hearing and Proof of Prior Convictions under Neb. Rev. Stat. § 28-518

Mandatory Pre-Sentencing Enhancement Hearing and Proof of Prior Convictions under Neb. Rev. Stat. § 28-518

Date: May 17, 2025
Mandatory Pre-Sentencing Enhancement Hearing and Proof of Prior Convictions under Neb. Rev. Stat. § 28-518 Introduction In State v. Bret, 318 Neb. 995 (2025), the Nebraska Supreme Court clarified the...
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