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

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

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

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...

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...

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)

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

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.

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

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

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

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

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)

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)

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...

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)

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,...

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

Date: Sep 12, 2025

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

Date: Sep 12, 2025

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)

Date: Sep 12, 2025

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

Date: Sep 12, 2025

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...

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