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

“Price Realized Means Price Paid”: Seventh Circuit Requires AMP to Include Clawbacks and Clarifies FCA Falsity, Scienter, and Materiality

“Price Realized Means Price Paid”: Seventh Circuit Requires AMP to Include Clawbacks and Clarifies FCA Falsity, Scienter, and Materiality

Date: Sep 12, 2025
“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

Offense Seriousness May Predominate: Eleventh Circuit Affirms 110-Year, Within-Guidelines Sentence for Child-Exploitation Production as Substantively Reasonable

Date: Sep 12, 2025
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110-Year, Within-Guidelines Sentence for Child-Exploitation Production as Substantively Reasonable Introduction This unpublished, per...
Temporal Proximity and Similarity, Without Regularity, Can Establish Relevant Conduct for Drug Trafficking (5th Cir. Unpublished)

Temporal Proximity and Similarity, Without Regularity, Can Establish Relevant Conduct for Drug Trafficking (5th Cir. Unpublished)

Date: Sep 12, 2025
Temporal Proximity and Similarity, Without Regularity, Can Establish Relevant Conduct for Drug Trafficking (5th Cir. Unpublished) Case: United States v. Griffin, No. 24-50247 (5th Cir. Sept. 11,...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

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

Date: Sep 12, 2025
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)

"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)

Date: Sep 12, 2025
"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

“AMP Means the Price Actually Realized”: Seventh Circuit Requires Inclusion of Wholesaler Clawbacks and Clarifies Objective Falsity Under the FCA

Date: Sep 12, 2025
“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)

Using Supervised Release to Enforce Prior Restitution and Clarifying the Fentanyl “Misrepresentation” Enhancement: Commentary on United States v. Algyn Kerney (6th Cir. 2025)

Date: Sep 12, 2025
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)

No Notice Needed for Upward Variances; Counterfeit‑Pill Enhancement and Prior‑Restitution Payment Condition Upheld — United States v. Sanders et al. (6th Cir. 2025)

Date: Sep 12, 2025
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...
Feagin v. Mansfield Police Department: Sixth Circuit Clarifies Post-Barnes Temporal Scope for Use-of-Force Analysis and Confirms Robust Appellate Reliance on Video in Qualified Immunity Appeals

Feagin v. Mansfield Police Department: Sixth Circuit Clarifies Post-Barnes Temporal Scope for Use-of-Force Analysis and Confirms Robust Appellate Reliance on Video in Qualified Immunity Appeals

Date: Sep 12, 2025
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

Florida Supreme Court Requires Online Publication of Local Rules and Administrative Orders and Establishes Electronic Permanence for Court Records

Date: Sep 12, 2025
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

Pittman v. State: Florida Supreme Court Reaffirms Phillips—Hall Not Retroactive and Procedural Bars Apply to Successive Intellectual-Disability Claims

Date: Sep 12, 2025
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

Double Deference Reaffirmed: Showing Strickland Prejudice on Competency Claims Requires Proof of Likely Incompetence, Not Just Eligibility for a Competency Trial

Date: Sep 12, 2025
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

Waiver of Removal Requires “Clear and Unequivocal” Submission to State Merits; Filing a TCPA Motion and Discovery Stay Do Not Suffice

Date: Sep 12, 2025
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

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

Date: Sep 12, 2025
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

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

Date: Sep 12, 2025
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)

Curative Instructions Suffice for Isolated, Inadvertent References to Prior Felony Status: Walker v. State (2025 Ark. 127)

Date: Sep 12, 2025
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...
No Two‑Step Reconsideration Motions under WDCR 12(8)/DCR 13(7) and Sanctionable “Mediation‑as‑Pretext” Deception under RPC 4.1

No Two‑Step Reconsideration Motions under WDCR 12(8)/DCR 13(7) and Sanctionable “Mediation‑as‑Pretext” Deception under RPC 4.1

Date: Sep 12, 2025
No Two‑Step Reconsideration Motions under WDCR 12(8)/DCR 13(7) and Sanctionable “Mediation‑as‑Pretext” Deception under RPC 4.1 Case Controlled Contamination Services, LLC v. Dist. Ct. (Fredericks),...
Reinforcing Strict Rule 65 Compliance and the Apex Doctrine in Emergency Suits Against State Agencies: Commentary on Crook v. South Carolina Election Commission

Reinforcing Strict Rule 65 Compliance and the Apex Doctrine in Emergency Suits Against State Agencies: Commentary on Crook v. South Carolina Election Commission

Date: Sep 12, 2025
Reinforcing Strict Rule 65 Compliance and the Apex Doctrine in Emergency Suits Against State Agencies Case: Crook v. South Carolina Election Commission Court: Supreme Court of South Carolina Date:...
Ray’s Rule: Assault with a Deadly Weapon and Felony Harassment (Threat to Kill) Are Not the Same Offense Under Washington’s Blockburger Analysis

Ray’s Rule: Assault with a Deadly Weapon and Felony Harassment (Threat to Kill) Are Not the Same Offense Under Washington’s Blockburger Analysis

Date: Sep 12, 2025
Ray’s Rule: Assault with a Deadly Weapon and Felony Harassment (Threat to Kill) Are Not the Same Offense Under Washington’s Blockburger Analysis Introduction In State v. Owen Gale Ray, the Washington...
"Hands-On" Is Not "Hands-In": Indiana Supreme Court Permanently Bars Judge for Problem-Solving Court Boundary Violations and Conflicts — In the Matter of Matthew John Elkin

"Hands-On" Is Not "Hands-In": Indiana Supreme Court Permanently Bars Judge for Problem-Solving Court Boundary Violations and Conflicts — In the Matter of Matthew John Elkin

Date: Sep 12, 2025
"Hands-On" Is Not "Hands-In": Permanent Ban for Boundary Violations, Favoritism, and Conflicts in Problem-Solving Courts Introduction In a per curiam decision, the Supreme Court of Indiana...
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