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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 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 Introduction In Giambalvo v. Suffolk...
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 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 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 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 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...
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. 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...
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...
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) Introduction In United States...
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) 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...
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,...