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  • Commentaries
  • Judgments

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

Images and Mentions Are Not Enough: Third Circuit Clarifies “Of and Concerning” and Reaffirms Opinion/Substantial-Truth Shields for Political Commentary

Images and Mentions Are Not Enough: Third Circuit Clarifies “Of and Concerning” and Reaffirms Opinion/Substantial-Truth Shields for Political Commentary

Date: Sep 13, 2025
Images and Mentions Are Not Enough: Third Circuit Clarifies “Of and Concerning” and Reaffirms Opinion/Substantial-Truth Shields for Political Commentary Case: Nina Jankowicz v. Fox News Network LLC...
No Bright-Line 30-Day Rule and Pre-Enforcement Standing for Training-Arrest Threats: The Second Circuit’s Post-Bruen Roadmap in Giambalvo v. Suffolk County

No Bright-Line 30-Day Rule and Pre-Enforcement Standing for Training-Arrest Threats: The Second Circuit’s Post-Bruen Roadmap in Giambalvo v. Suffolk County

Date: Sep 13, 2025
No Bright-Line 30-Day Rule and Pre-Enforcement Standing for Training-Arrest Threats: The Second Circuit’s Post-Bruen Roadmap in Giambalvo v. Suffolk County Introduction In Giambalvo v. Suffolk...
States May Regulate 340B Patient-Level Distribution: Fifth Circuit Declines to Enjoin Mississippi’s Contract-Pharmacy “Non‑Interference” Law

States May Regulate 340B Patient-Level Distribution: Fifth Circuit Declines to Enjoin Mississippi’s Contract-Pharmacy “Non‑Interference” Law

Date: Sep 13, 2025
States May Regulate 340B Patient-Level Distribution: Fifth Circuit Declines to Enjoin Mississippi’s Contract-Pharmacy “Non‑Interference” Law Introduction In AbbVie v. Fitch, the U.S. Court of Appeals...
No Summons Before IFP Screening; Plausibility Requires Facts: Second Circuit Affirms § 1915(e) Dismissal in Lewis v. Redline Hockey

No Summons Before IFP Screening; Plausibility Requires Facts: Second Circuit Affirms § 1915(e) Dismissal in Lewis v. Redline Hockey

Date: Sep 13, 2025
No Summons Before IFP Screening; Plausibility Requires Facts: Second Circuit Affirms § 1915(e) Dismissal in Lewis v. Redline Hockey Introduction In Lewis v. Redline Hockey, LLC, No. 24-1342-cv (2d...
PLRA Grievances Must Signal Retaliation; Evidence Beyond Disagreement or Injury‑Free Delay Needed to Survive Summary Judgment on Prison Medical Claims

PLRA Grievances Must Signal Retaliation; Evidence Beyond Disagreement or Injury‑Free Delay Needed to Survive Summary Judgment on Prison Medical Claims

Date: Sep 13, 2025
PLRA Grievances Must Signal Retaliation; Evidence Beyond Disagreement or Injury‑Free Delay Needed to Survive Summary Judgment on Prison Medical Claims Editorial note: This is a Second Circuit summary...
Exhaust-Local-Then-Random: Montana’s New Contiguous-Pool Protocol for Assigning Substituted District Judges Under SB 41

Exhaust-Local-Then-Random: Montana’s New Contiguous-Pool Protocol for Assigning Substituted District Judges Under SB 41

Date: Sep 13, 2025
Exhaust-Local-Then-Random: Montana’s New Contiguous-Pool Protocol for Assigning Substituted District Judges Under SB 41 Introduction In AF 09-0289, the Supreme Court of Montana announced a revised...
No State Exhaustion Bar to § 1983 Due‑Process Delay Claims; Alabama Supreme Court Remands for Fact‑Finding on Mootness After SCOTUS Reversal

No State Exhaustion Bar to § 1983 Due‑Process Delay Claims; Alabama Supreme Court Remands for Fact‑Finding on Mootness After SCOTUS Reversal

Date: Sep 13, 2025
No State Exhaustion Bar to § 1983 Due‑Process Delay Claims; Alabama Supreme Court Remands for Fact‑Finding on Mootness After SCOTUS Reversal Introduction This commentary analyzes the Alabama Supreme...
When Two Weeks Are Enough: Police-Involved Exchange Conflicts and a Communication Breakdown as a “Change in Circumstances” Justifying Sole Legal Custody; Child-as-Messenger Violations Supporting Civil Contempt and Counsel-Fee Fines; Harassment-by-Course-of-Conduct Sustaining a Family Offense Order of Protection

When Two Weeks Are Enough: Police-Involved Exchange Conflicts and a Communication Breakdown as a “Change in Circumstances” Justifying Sole Legal Custody; Child-as-Messenger Violations Supporting Civil Contempt and Counsel-Fee Fines; Harassment-by-Course-of-Conduct Sustaining a Family Offense Order of Protection

Date: Sep 12, 2025
When Two Weeks Are Enough: Police-Involved Exchange Conflicts and a Communication Breakdown as a “Change in Circumstances” Justifying Sole Legal Custody; Child-as-Messenger Violations Supporting...
Common-Law Six-Month Notice Governs Ejectment of Month-to-Month Residential Tenants; RPL § 232-a/§ 226-c Notice Scheme Limited to Summary Proceedings (Olympic Galleria, Co., Inc. v. Sitt)

Common-Law Six-Month Notice Governs Ejectment of Month-to-Month Residential Tenants; RPL § 232-a/§ 226-c Notice Scheme Limited to Summary Proceedings (Olympic Galleria, Co., Inc. v. Sitt)

Date: Sep 12, 2025
Common-Law Six-Month Notice Governs Ejectment of Month-to-Month Residential Tenants; RPL § 232-a/§ 226-c Notice Scheme Limited to Summary Proceedings Case: Olympic Galleria, Co., Inc. v. Sitt, 2025...
State v. Lee (2025 ND 148): Compromise Statutes Do Not Bar Prosecutorial Dismissal of Felonies; Trial Courts May Deny Rule 48(a) Dismissals Only on Evidence of Bad Faith or Comparable Abuse

State v. Lee (2025 ND 148): Compromise Statutes Do Not Bar Prosecutorial Dismissal of Felonies; Trial Courts May Deny Rule 48(a) Dismissals Only on Evidence of Bad Faith or Comparable Abuse

Date: Sep 12, 2025
State v. Lee (2025 ND 148): Compromise Statutes Do Not Bar Prosecutorial Dismissal of Felonies; Trial Courts May Deny Rule 48(a) Dismissals Only on Evidence of Bad Faith or Comparable Abuse...
No-Notice Upward Variances and Restitution-Repayment Conditions: Sixth Circuit Affirms Robust Sentencing Discretion in United States v. Radovic et al.

No-Notice Upward Variances and Restitution-Repayment Conditions: Sixth Circuit Affirms Robust Sentencing Discretion in United States v. Radovic et al.

Date: Sep 12, 2025
No-Notice Upward Variances and Restitution-Repayment Conditions: Sixth Circuit Affirms Robust Sentencing Discretion in United States v. Radovic et al. Introduction In this consolidated,...
United States v. Kahook (6th Cir. 2025): Sixth Circuit Affirms Authority to Require Supervised-Release Payments Toward Prior Restitution and Upholds Significant Upward Variances for Recidivism and Unaccounted Conduct

United States v. Kahook (6th Cir. 2025): Sixth Circuit Affirms Authority to Require Supervised-Release Payments Toward Prior Restitution and Upholds Significant Upward Variances for Recidivism and Unaccounted Conduct

Date: Sep 12, 2025
United States v. Kahook (6th Cir. 2025): Sixth Circuit Affirms Authority to Require Supervised-Release Payments Toward Prior Restitution and Upholds Significant Upward Variances for Recidivism and...
No-Notice Upward Variances and Supervised-Release Repayment of Prior Restitution: Sixth Circuit’s Consolidated Guidance in United States v. Idris Jackson

No-Notice Upward Variances and Supervised-Release Repayment of Prior Restitution: Sixth Circuit’s Consolidated Guidance in United States v. Idris Jackson

Date: Sep 12, 2025
No-Notice Upward Variances and Supervised-Release Repayment of Prior Restitution: Sixth Circuit’s Consolidated Guidance in United States v. Idris Jackson Introduction In this nonprecedential but...
Beyond the “Heartland”: Sixth Circuit Affirms Robust Discretion for Upward Variances, Upholds §2D1.1(b)(13) “Fake Percs” Enhancement, and Permits Supervised-Release Payment of Prior Restitution

Beyond the “Heartland”: Sixth Circuit Affirms Robust Discretion for Upward Variances, Upholds §2D1.1(b)(13) “Fake Percs” Enhancement, and Permits Supervised-Release Payment of Prior Restitution

Date: Sep 12, 2025
Beyond the “Heartland”: Sixth Circuit Affirms Robust Discretion for Upward Variances, Upholds §2D1.1(b)(13) “Fake Percs” Enhancement, and Permits Supervised-Release Payment of Prior Restitution...
Fifth Circuit Clarifies That Prior Probation Does Not Offset the Statutory Maximum for Supervised Release and That Cumulative Brady Material Cannot Support § 2255 Relief

Fifth Circuit Clarifies That Prior Probation Does Not Offset the Statutory Maximum for Supervised Release and That Cumulative Brady Material Cannot Support § 2255 Relief

Date: Sep 12, 2025
Fifth Circuit Clarifies That Prior Probation Does Not Offset the Statutory Maximum for Supervised Release and That Cumulative Brady Material Cannot Support § 2255 Relief Introduction In United States...
Probation Is Not Supervised Release: Fifth Circuit Rejects Offset Theory and Reaffirms Cumulative Brady Evidence Is Immaterial — United States v. Hoffman (5th Cir. 2025)

Probation Is Not Supervised Release: Fifth Circuit Rejects Offset Theory and Reaffirms Cumulative Brady Evidence Is Immaterial — United States v. Hoffman (5th Cir. 2025)

Date: Sep 12, 2025
Probation Is Not Supervised Release: Fifth Circuit Rejects Offset Theory and Reaffirms Cumulative Brady Evidence Is Immaterial — United States v. Hoffman (5th Cir. 2025) Introduction In United States...
Mootness of § 1443 Removal Appeals After State Discontinuance—and Vacatur as the Default Remedy: Commentary on Town of Newburgh v. Newburgh EOM LLC (2d Cir. 2025)

Mootness of § 1443 Removal Appeals After State Discontinuance—and Vacatur as the Default Remedy: Commentary on Town of Newburgh v. Newburgh EOM LLC (2d Cir. 2025)

Date: Sep 12, 2025
Mootness of § 1443 Removal Appeals After State Discontinuance—and Vacatur as the Default Remedy Case: Town of Newburgh v. Newburgh EOM LLC (d/b/a Crossroads Hotels) Court: United States Court of...
Speed Alone Does Not Defeat Magistrate Neutrality; Multi-Day After-Hours Processing Is Not a Nighttime Search Under Rule 13.2(c)

Speed Alone Does Not Defeat Magistrate Neutrality; Multi-Day After-Hours Processing Is Not a Nighttime Search Under Rule 13.2(c)

Date: Sep 12, 2025
Speed Alone Does Not Defeat Magistrate Neutrality; Multi-Day After-Hours Processing Is Not a Nighttime Search Under Rule 13.2(c) Introduction In Timothy Clevenger v. State of Arkansas, 2025 Ark. 128...
Same Conduct ≠ Same Offense: Washington Supreme Court Clarifies that Second-Degree Assault with a Deadly Weapon and Felony Harassment (Threat to Kill) Are Not the Same in Law for Double Jeopardy (State v. Ray, 2025)

Same Conduct ≠ Same Offense: Washington Supreme Court Clarifies that Second-Degree Assault with a Deadly Weapon and Felony Harassment (Threat to Kill) Are Not the Same in Law for Double Jeopardy (State v. Ray, 2025)

Date: Sep 12, 2025
Same Conduct ≠ Same Offense: Washington Supreme Court Clarifies that Second-Degree Assault with a Deadly Weapon and Felony Harassment (Threat to Kill) Are Not the Same in Law for Double Jeopardy...
Objective Reasonableness, Not Search Labels: Virginia High Court Upholds Limited Underwear Retrievals Incident to Arrest Based on Safety and Evidence-Destruction Risks (Commonwealth v. Hubbard)

Objective Reasonableness, Not Search Labels: Virginia High Court Upholds Limited Underwear Retrievals Incident to Arrest Based on Safety and Evidence-Destruction Risks (Commonwealth v. Hubbard)

Date: Sep 12, 2025
Objective Reasonableness, Not Search Labels: Virginia High Court Upholds Limited Underwear Retrievals Incident to Arrest Based on Safety and Evidence-Destruction Risks Case: Commonwealth v. Hubbard,...
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