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first-circuit-reinforces-first-amendment-protections-for-secret-audio-recording-of-police-in-public:-interpretation-of-massachusetts& Case Commentaries
Waiver Rules Govern Stay Appeals: First Circuit Limits Reliance on Supreme Court Interim Orders and Enforces Rule 8 in Denying Stay of Injunction Against Agency Dismantlement Introduction This...
First Circuit Validates HHS Pre-Deeming of FQHC Providers’ Hospital On‑Call Care and Holds FTCA Accrual Began at Death in Maternal Mortality Case Introduction In O'Brien v. United States, the First...
Prevailing-Wage “Flagger” Misclassification Suits May Proceed as Class Actions in New York; Federal “Fail‑Safe” Objections Do Not Bar Certification Under CPLR 901(a) Introduction In McMillian v....
AMP Means Price Realized: Seventh Circuit Holds Wholesaler Clawbacks Must Be Included and Are Not Bona Fide Service Fees under the Medicaid Drug Rebate Program Introduction In a sweeping False Claims...
“Price Realized Means Price Paid”: Seventh Circuit Requires AMP to Include Clawbacks and Clarifies FCA Falsity, Scienter, and Materiality Case: United States, et al., ex rel. Ronald J. Streck v. Eli...
Offense Seriousness May Predominate: Eleventh Circuit Affirms 110-Year, Within-Guidelines Sentence for Child-Exploitation Production as Substantively Reasonable Introduction This unpublished, per...
Temporal Proximity and Similarity, Without Regularity, Can Establish Relevant Conduct for Drug Trafficking (5th Cir. Unpublished) Case: United States v. Griffin, No. 24-50247 (5th Cir. Sept. 11,...
Fee-Shifting in HEPA Appeals: Private Attorney General Awards Against Developers; HRS § 607‑25(e)(1) Limited to Private Parties and Premature Absent Final Approval Determination Introduction In this...
"Continuation" Triggers New York’s 2020 Anti‑SLAPP Amendments: First Department Holds Post‑Amendment Motions (Including Reargument) Bring Pre‑2020 Cases Within §§ 70‑a, 76‑a and CPLR 3211(g)...
“AMP Means the Price Actually Realized”: Seventh Circuit Requires Inclusion of Wholesaler Clawbacks and Clarifies Objective Falsity Under the FCA Introduction In United States, et al., ex rel. Ronald...
Using Supervised Release to Enforce Prior Restitution and Clarifying the Fentanyl “Misrepresentation” Enhancement: Commentary on United States v. Algyn Kerney (6th Cir. 2025) Introduction In this...
No Notice Needed for Upward Variances; Counterfeit‑Pill Enhancement and Prior‑Restitution Payment Condition Upheld — United States v. Sanders et al. (6th Cir. 2025) Court: U.S. Court of Appeals for...
After Barnes, Consider All Proximate Pre-Force Events: Sixth Circuit Clarifies Temporal Scope and Confirms Appellate Reliance on Video in Qualified Immunity Appeals Introduction In Ulysses Feagin v....
Florida Supreme Court Requires Online Publication of Local Rules and Administrative Orders and Establishes Electronic Permanence for Court Records Introduction In this administrative rulemaking...
Pittman v. State: Florida Supreme Court Reaffirms Phillips—Hall Not Retroactive and Procedural Bars Apply to Successive Intellectual-Disability Claims Court: Supreme Court of Florida Date: September...
Double Deference Reaffirmed: Showing Strickland Prejudice on Competency Claims Requires Proof of Likely Incompetence, Not Just Eligibility for a Competency Trial Case: Lizcano v. Guerrero Court:...
Waiver of Removal Requires “Clear and Unequivocal” Submission to State Merits; Filing a TCPA Motion and Discovery Stay Do Not Suffice Introduction In Abraham Watkins Nichols Agosto Aziz & Stogner v....
Pre-enforcement Excessive Fines Challenges to IRA §5000D Excise Tax Are Barred by the Anti-Injunction and Declaratory Judgment Acts; Voluntariness of Medicare Drug Price Negotiations Reaffirmed...
No Country-Conditions Hardship When Children Remain in the U.S.: The Third Circuit’s Post‑Wilkinson Roadmap for Reviewing Cancellation of Removal and Enforcing Exhaustion Introduction In Edin Samuel...
Curative Instructions Suffice for Isolated, Inadvertent References to Prior Felony Status: Walker v. State (2025 Ark. 127) Court: Supreme Court of Arkansas Date: September 11, 2025 Citation: 2025...