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

In re Phillips: Indiana Supreme Court Establishes CPA-Monitored Probation as the Default Sanction for Trust-Account Mismanagement and Unreasonable Estate Fees

Date: Aug 1, 2025

In re Phillips: Indiana Supreme Court Establishes CPA-Monitored Probation as the Default Sanction for Trust-Account Mismanagement and Unreasonable Estate Fees Introduction The decision in In the...

People v. Williams (1st Dep’t 2025): Handcuffing by DHS Is a De Facto Arrest Requiring Probable Cause; “Distinctive Clothing” and Murky Video Do Not Supply Probable Cause; Unpreserved Attenuation Cannot Save the Prosecution

Date: Aug 1, 2025

People v. Williams (1st Dep’t 2025): Handcuffing by DHS Is a De Facto Arrest Requiring Probable Cause; “Distinctive Clothing” and Murky Video Do Not Supply Probable Cause; Unpreserved Attenuation...

“Hostility Requires Objective Acts” – Roth v. Meyer and the Refined Standard for Proving Adverse Possession in North Dakota

Date: Aug 1, 2025

“Hostility Requires Objective Acts” – Roth v. Meyer and the Refined Standard for Proving Adverse Possession in North Dakota Introduction Roth v. Meyer, 2025 ND 116, is the North Dakota Supreme...

Rademacher v. State – North Dakota Supreme Court Clarifies the Evidentiary Burden for Post-Conviction Ineffective-Assistance Claims Involving Unobtained Expert Evaluations

Date: Aug 1, 2025

Rademacher v. State – North Dakota Supreme Court Clarifies the Evidentiary Burden for Post-Conviction Ineffective-Assistance Claims Involving Unobtained Expert Evaluations Introduction Steven Charles...

Marbury v. United National Insurance: The Fifth Circuit Re-defines “Self-Serving” Evidence and Reaffirms Louisiana’s Expansive Concept of Insurable Interest

Date: Jul 31, 2025

Marbury v. United National Insurance: The Fifth Circuit Re-defines “Self-Serving” Evidence and Reaffirms Louisiana’s Expansive Concept of Insurable Interest 1. Introduction In Marbury v. United...

“Speak It or Lose It” – Fourth Circuit Re-Affirms the Rogers Rule on Oral Pronouncement of Supervised-Release Conditions in United States v. Kymberly Starr

Date: Jul 31, 2025

“Speak It or Lose It” – Fourth Circuit Re-Affirms the Rogers Rule on Oral Pronouncement of Supervised-Release Conditions in United States v. Kymberly Starr 1. Introduction The Fourth Circuit’s...

“Disarming the Dangerous” after Bruen and Rahimi: The Fourth Circuit’s Endorsement of 18 U.S.C. § 922(g)(4) in United States v. Gould

Date: Jul 31, 2025

“Disarming the Dangerous” after Bruen and Rahimi: The Fourth Circuit’s Endorsement of 18 U.S.C. § 922(g)(4) United States v. James Gould (4th Cir. 2025) 1. Introduction United States v. James Gould...

“Distance Is No Defense” – Fourth Circuit Affirms Joint & Several Liability of Non-Present Partners and Clarifies Preservation Rules in Last-Clear-Chance Negligence Cases

Date: Jul 31, 2025

“Distance Is No Defense” – Fourth Circuit Affirms Joint & Several Liability of Non-Present Partners and Clarifies Preservation Rules in Last-Clear-Chance Negligence Cases Introduction Robbie G....

“Raise It or Lose It” – Preservation of Last-Clear-Chance Theories and Broad Trial-Management Discretion under Plyler v. Cox (4th Cir. 2025)

Date: Jul 31, 2025

“Raise It or Lose It” – Preservation of Last-Clear-Chance Theories and Broad Trial-Management Discretion under Plyler v. Cox (4th Cir. 2025) I. Introduction In Plyler v. Cox, the United States Court...

Columbia Gas v. RDFS – Fourth Circuit Affirms Expansive Maintenance Rights Under General Pipeline Easements and Clarifies Limits of the “Law-of-the-Case” Doctrine

Date: Jul 31, 2025

Columbia Gas v. RDFS – Fourth Circuit Affirms Expansive Maintenance Rights Under General Pipeline Easements and Clarifies Limits of the “Law-of-the-Case” Doctrine Introduction Columbia Gas...

The “No-Return Email” Doctrine: Fourth Circuit Clarifies that Employment Contracts Must Explicitly Require Employees to Return Company Emails

Date: Jul 31, 2025

The “No-Return Email” Doctrine: Fourth Circuit Clarifies that Employment Contracts Must Explicitly Require Employees to Return Company Emails 1. Introduction Aerotek, Inc. v. Kenneth Nosky, No....

“Same Taxpayer” Fixed at the Time of Payment: Fourth Circuit Clarifies § 6621(d) Interest-Netting After Mergers

Date: Jul 31, 2025

“Same Taxpayer” Fixed at the Time of Payment: Fourth Circuit Clarifies § 6621(d) Interest-Netting After Mergers 1. Introduction Bank of America Corporation v. United States, decided on 29 July 2025...

Self-Forwarded Emails and the Scope of Post-Employment Covenants: Allegis Group, Inc. v. Bero

Date: Jul 31, 2025

Self-Forwarded Emails and the Scope of Post-Employment Covenants: The Fourth Circuit Defines the Limits of “Use” and “Return” Obligations in Allegis Group, Inc. v. Christopher Bero 1. Introduction...

Beyond the Orchard: The Third Circuit Extends Jarkesy’s Article III Limitations to Department of Labor H-2A Enforcement

Date: Jul 31, 2025

Beyond the Orchard: The Third Circuit Extends Jarkesy’s Article III Limitations to Department of Labor H-2A Enforcement Introduction In Sun Valley Orchards LLC v. United States Department of Labor,...

Beyond Borders: The Rhode Island Supreme Court Confirms Extraterritorial Reach of the “Relevant Market Area” under the Dealer Law

Date: Jul 31, 2025

Beyond Borders: The Rhode Island Supreme Court Confirms Extraterritorial Reach of the “Relevant Market Area” under the Dealer Law Introduction Rhode Island Truck Center, LLC (“RITC”), the state’s...

Potenza v. Deutsche Bank — Rhode Island Supreme Court Tightens the “Diligence-and-Reliance” Test for Rule 60(b) Independent Actions Alleging Fraud on the Court

Date: Jul 31, 2025

Potenza v. Deutsche Bank — Rhode Island Supreme Court Tightens the “Diligence-and-Reliance” Test for Rule 60(b) Independent Actions Alleging Fraud on the Court Introduction The Rhode Island Supreme...

Excelsior Westbrook III: Tenth Circuit Affirms That Anti-Concurrent-Cause Clauses Override “Specified Cause-of-Loss” Exceptions and That Sub-Surface Water Exclusions Bar Coverage for Water Escaping Broken Underground Pipes

Date: Jul 31, 2025

Excelsior Westbrook III: Tenth Circuit Affirms That Anti-Concurrent-Cause Clauses Override “Specified Cause-of-Loss” Exceptions and That Sub-Surface Water Exclusions Bar Coverage for Water Escaping...

United States v. Cervantes: Cementing Rolling Notice-of-Disposition Exclusions and Extended Co-Defendant Delay under the Speedy Trial Act

Date: Jul 31, 2025

United States v. Cervantes: Cementing Rolling Notice-of-Disposition Exclusions and Extended Co-Defendant Delay under the Speedy Trial Act Introduction United States v. Cervantes, No. 24-1325 (10th...

United States v. Vick – First Circuit Narrows the “Sole-Investigatory-Motive” Test in Community-Caretaking Impoundments & Inventory Searches

Date: Jul 31, 2025

United States v. Vick – First Circuit Narrows the “Sole-Investigatory-Motive” Test in Community-Caretaking Impoundments & Inventory Searches Introduction In United States v. Vick, No. 24-1721 (1st...

United States v. Legassa: First Circuit Clarifies Harmless-Error Review of Lay “Legal” Opinions and Reaffirms Broad Trial-Court Discretion under Rules 401 & 403

Date: Jul 31, 2025

United States v. Legassa: First Circuit Clarifies Harmless-Error Review of Lay “Legal” Opinions and Reaffirms Broad Trial-Court Discretion under Rules 401 & 403 Introduction In United States v....

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