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first-circuit-reinforces-first-amendment-protections-for-secret-audio-recording-of-police-in-public:-interpretation-of-massachusetts& Case Commentaries
Gould v. Guerriero: Qualified Immunity and Probable Cause in Officer’s Use of a Firearm to Enforce Compliance Introduction In Ryan Gould v. Bethany Guerriero (Eleventh Circuit, May 5, 2025), the...
Employer Nonliability for Unforeseeable Third-Party Criminal Acts: Proximate Causation Limits in Gimenez v. McLane Introduction Marilys Gimenez v. McLane Foodservice, Inc. is a decision from the...
United States v. Romeo: No Sixth Amendment Right to Counsel in Post-Judgment Substitute-Asset Forfeiture and CCPA Garnishment Exclusion for Lump-Sum Proceeds Introduction United States v. Romeo,...
Objective Verifiability and Accuracy in FCRA Reporting: Garcia v. Synovus Bank Introduction In Pablo Antonio Garcia v. Synovus Bank, the United States Court of Appeals for the Eleventh Circuit...
Clarifying FOIA Exemption 6: Public Interest Outweighs Privacy in Disclosing Non-Policy-Making Employees’ Identities Introduction The Fifth Circuit’s decision in Texas Public Policy Foundation v....
Waiver of Tapia-Based Sentencing Claims Through Invited Error in United States v. Allante R. Brown Introduction In United States v. Allante Ramone Brown, 6th Cir. No. 23-6029/6034 (May 5, 2025), the...
Damages Awards Are Not “Payments” Under Reinstatement Clauses: Comerica Bank v. Pratt Introduction In Comerica Bank, Inc. v. Larry Pratt, 25a0228n.06 (6th Cir. May 5, 2025), the Sixth Circuit...
Reservation of Overpayment Credits in Marital Property Division: Waiver Through Pretrial Stipulation Introduction This case, O’Dea v. Downs, arises from a property‐division proceeding ancillary to...
Expansion of AEDPA Tolling: Fla. R. App. P. 9.141(d) Petitions as “Properly Filed” Introduction This commentary examines the Eleventh Circuit’s decision in Jimmy Geathers, III v. Secretary,...
Ensuring Reliability in CSAAS-Based Expert Testimony: Daubert Compliance under MRE 702 Introduction The Michigan Supreme Court’s May 2, 2025 order in People of the State of Michigan v. Juan Jose Del...
Habeas Corpus Relief for Void Habitual-Criminal Sentences and the Limits of Nunc Pro Tunc Corrections Introduction Ballheim v. Settles (318 Neb. 873, 2025) arose from Trever Ballheim’s collateral...
Protecting Foreclosure Surplus Under the Takings Clause: Sikorsky v. City of Newburgh Introduction In Sikorsky v. City of Newburgh, 23-1171-cv (2d Cir. May 2, 2025), the Second Circuit addressed...
Balancing Child Welfare, Abduction Risk, and Cryptocurrency Gains: Discretion in Parenting Time and Property Division Introduction In In the Matter of Jonathan Kent and Lei Luo (Supreme Court of New...
Clarification of Child Find Obligations and FAPE Requirements for Dyslexic Students under IDEA 1. Introduction The Fifth Circuit’s decision in Moore-Watson v. Rankin County Public School District...
Pain as Symptom, Not Compensable Condition: Delsignore v. Timberline Logging Enterprises Precedent Introduction In John J. Delsignore v. Timberline Logging Enterprises, LLC, the Supreme Court of...
“Stay Within the Mandate”: Effective Assistance of Counsel on Remittal after People v. Nathan (2025) Introduction The Fourth Department’s 2025 decision in People v. Nathan, 238 A.D.3d 1516, tackles a...
Qualified Immunity for Discretionary Functions: De Novo Review and the Limits of Internal Policies Introduction In Jason Moorhead v. West Virginia Army National Guard and West Virginia Mountaineer...
Clarification of Lease Lookback Provisions and Standards of Review in State Airport Hangar Rent Appeals Introduction This decision arises from a consolidated appeal by five tenants of state-owned...
Ensuring Voluntary Admissions in Child Protective Plea Hearings: Obligatory Record Completeness and Advisements Introduction In the matter In re T. Hewitt, Minor, the Michigan Supreme Court, by a...
Consent Threshold for Eighth Amendment Prison Sexual Abuse Claims Introduction David C.L. Walton, a state prisoner in Wisconsin, sued prison nurse Ashley Nehls under 42 U.S.C. § 1983, alleging that...