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first-circuit-reinforces-first-amendment-protections-for-secret-audio-recording-of-police-in-public:-interpretation-of-massachusetts& Case Commentaries
Trust-Fund Withholdings as “Income from Criminal Activity” Under U.S.S.G. § 2T1.1(b)(1): Fourth Circuit (Unpublished) Affirms Enhancement and Orders Full Resentencing for Rogers Error Introduction...
Uncorroborated Recantations Do Not Justify Coram Nobis: Second Circuit Affirms Denial Without Evidentiary Hearing in Nkansah v. United States Court: U.S. Court of Appeals for the Second Circuit...
Oppedisano v. Zur: Second Circuit Reaffirms Loss‑Sharing as Indispensable to Implied Partnerships Under New York Law and Rejects Declaratory Workarounds to Unjust Enrichment Time Bars Note: The...
Foreseeability of Co‑Conspirator Death Threats and Broad Electronic‑Device Search Conditions: The Second Circuit’s Summary Affirmance in United States v. Deloatch Note: This decision is a Second...
“Sensitive Places” in the Modern City: Times Square and Public Transit Upheld; Open-Carry Bans and City-Specific Permits Presumptively Constitutional after Bruen Introduction In Frey v. City of New...
Entwinement Doesn’t Reach Party Identity: Eleventh Circuit Affirms District Courts May Resolve Disputed LLC Membership on a Rule 12(b)(1) Factual Attack to Determine Diversity Introduction In...
No Third-Party Dissemination and Self-Imposed Decisions Do Not Create Article III Standing in FCRA Disputes Introduction In Lashonda Peeples v. National Data Research, Inc. (d.b.a. Integrascan), No....
De Novo Review for Rule 59(J) “Clearly Erroneous” Motions and Limits on Using Video/Intoxication to Prove Contributory Negligence as a Matter of Law Introduction In Indianapolis Public Transportation...
Unsworn Statements Cannot Create Fact Disputes, But May Prompt Rule 56(e) Cure Orders: The Third Circuit’s Precedential Clarification in Lauria v. Lieb Introduction In a precedential opinion, the...
United States v. Mosley: Post-Esteras boundaries on revocation sentencing—no § 3553(a)(2)(A) retribution, “ballpark” deference, and unified justification for prison and supervision Introduction In...
Lake v. State: Late-Disclosed Impeachment Evidence During Trial Is Not Brady “Suppression,” and Child-Witness Competency Turns on Mental Ability, Not Detailed Recall Introduction In Justin Scott Lake...
First Circuit Clarifies INA Parole Authority: “Case‑by‑Case” Limits Grants, Not Termination; DHS May Categorically End and Revoke Parole Programs Introduction Doe v. Noem addresses the scope of the...
Lascivious Exhibition Instructions May Include Defendant’s Intent; Sentence Affirmed via Assumed-Error Harmlessness — United States v. Tatum (4th Cir. 2025) Note: This is an unpublished Fourth...
No Shortcuts to Finality: Rule 41(a) Cannot Cure the Lack of Rule 54(b) Certification for Partial Summary Judgment Introduction In CMYK Enterprises, Inc. v. Advanced Print Technologies, LLC, the...
Burkert: Two-Year Suspension and Full Restitution as a Condition to File for Reinstatement in Law‑Firm Fee Diversion Cases Introduction In Office of Lawyer Regulation v. Matthew V. Burkert, 2025 WI...
Hunter After Diaz: Nebraska Authorizes Cumulative Punishments in Successive Prosecutions When Later-Occurring Facts Complete the Greater Offense Introduction In State v. Lewis, 319 Neb. 847 (Neb....
First Circuit Reaffirms Strict Raise‑or‑Waive in Collateral Estoppel Disputes: Shabshelowitz v. Rhode Island Department of Public Safety Introduction This First Circuit decision underscores a...
Extracurricular Expenses Are Incidents of Support Beyond Worksheet 1: Scott v. Scott (Neb. 2025) Introduction Scott v. Scott, 319 Neb. 877 (Sept. 12, 2025), is a comprehensive opinion from the...
“Substantial Opportunity to Use” Test for Late-Disclosed Evidence: Nevada Clarifies Prejudice and Continuance Cures in Lee v. State Introduction In Lee (Michael) v. State, No. 85004 (Nev. Sept. 12,...
Federal Definition of “Conviction” Controls § 2251(e); § 2260A’s Ten-Year Consecutive Term Stacks Without Double-Jeopardy Violation; Rule 413 Reaches Enticement Attempts — Commentary on United States...