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first-circuit-reinforces-first-amendment-protections-for-secret-audio-recording-of-police-in-public:-interpretation-of-massachusetts& Case Commentaries
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...
Complete Restitution as a Precondition to Reinstatement and a Two-Year Benchmark for Law‑Firm Fee Diversion Office of Lawyer Regulation v. Matthew V. Burkert, 2025 WI 44 (Wisconsin Supreme Court,...
Notice, Not Mens Rea: Hawaiʻi Supreme Court Holds Indictments Need Not Plead a State of Mind for HRS § 706-660.1 Firearm Sentencing Enhancements Case: State v. Smith, SCWC-21-0000504 Court: Supreme...
No Qualified Immunity for Malicious Prosecution Built on Manufactured Evidence Evans v. City of Newark (3d Cir. Sept. 12, 2025) Introduction In a precedential decision, the United States Court of...
Second Circuit Reaffirms Braswell’s Act‑of‑Production Bar at Trial and Imposes Single‑Recovery Rule for Co‑Conspirator Forfeiture Under § 981 Introduction United States v. Costanzo is a Second...
Sampson Limited: Affirmative Defenses Must Be Evidenced at Summary Judgment; Hayden Foreclosure Standard Reaffirmed Introduction In Russell A. Collins and Stacey D. Collins v. West Alabama Bank &...
Ex parte Tanner: Extending Ford’s “Relate-To” Specific Jurisdiction to Cross‑Border Health Systems; AMLA Venue Applicability to Out‑of‑State Malpractice Unresolved Introduction This commentary...
Sixth Circuit: Four-Month Gap and a Conflated OCRC Probable-Cause Letter Are Insufficient to Prove Causation in Title VII Retaliation Introduction In Theresa A. Kovacs v. University of Toledo, No....
Post-Muldrow in the Sixth Circuit: “Some Harm” Suffices for Title VII Discrimination, But Profane “Employee Beef” on Social Media Is Not Protected Speech Introduction This published decision from the...
Section 666 in the Territories: Third Circuit Affirms that Commissioners of Statutorily “Independent” Agencies Are Government Agents and Federal Block Grants Are “Benefits” Case: United States v....
No Duty to Exhaustively Vet Citizen-Witness Backgrounds; Probable Cause Sustained by Partial Corroboration and Reconstructed Affidavit — United States v. Larnerd (3d Cir. 2025) Introduction In United...
Qualified Immunity Does Not Shield Malicious Prosecution Built on Manufactured Evidence Commentary on Lee Evans v. Newark City, Nos. 23-1723 & 23-1724 (3d Cir. Sept. 12, 2025) Introduction This...
No “Drive Home” Safe Harbor: Eleventh Circuit Upholds K-9 Deployment Where Motorist Fails to Promptly Stop and Resists Commands Case: Martinezz Bowman v. David Harvey Court: United States Court of...
United States v. Valdez: Oral Sentencing Controls Over Unpronounced Supervised-Release Conditions; Tailored Minor-Contact Restrictions Upheld Introduction In United States v. Valdez, No. 23-6482 (2d...
Upholding § 922(g)(3) After Bruen: Disarming Current Drug Users Is Analogous to Founding‑Era Limits on the Intoxicated and the Mentally Ill Introduction United States v. John P. Seiwert is the...
Boyer v. State: Malice Without Motive and Tightened Limits on Alternative-Suspect Hearsay Under W.R.E. 803(8)(C) Introduction In Andrew Lee Boyer v. The State of Wyoming, 2025 WY 100 (Wyo. Sept. 12,...
Bruen Step One Is Textual; Surety-Law Tradition Permits Temporary Disarmament of Felony Indictees: United States v. Jackson (4th Cir. 2025) Introduction In United States v. Brandon Glen Jackson, the...
Misheard Confession, Independent Probable Cause, and Ligature Strangulation as a Deadly Weapon: Roginsky v. State (Nev. 2025) Introduction In Roginsky (Robert) v. State, No. 89006 (Nev. Sept. 12,...
No Equitable Tolling for INA’s One-Motion Rule: The Fifth Circuit’s Categorical Bar on Tolling the Numerical Limit in Motions to Reopen Introduction In Garcia Morin v. Bondi, No. 24-60590 (5th Cir....
Unapproved Class Settlements Don’t Moot Previously Granted Injunctive Relief: Third Circuit Affirms Permanent Injunction Despite Delay and Minor Drafting Errors Case: Vaudral Luxama v. Ironbound...