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guardian-ad-litem& Case Commentaries

Originating Creditors as FDCPA Exempt Entities: Defining “Debt Collector” Under 15 U.S.C. § 1692a(6)

Originating Creditors as FDCPA Exempt Entities: Defining “Debt Collector” Under 15 U.S.C. § 1692a(6)

Date: May 29, 2025
Originating Creditors as FDCPA Exempt Entities: Defining “Debt Collector” Under 15 U.S.C. § 1692a(6) Introduction Bradley James Albert, a pro se plaintiff, brought suit in the Northern District of...
Clarifying “Absconded Supervision” in Probation Revocation: Standards for Reporting and Treatment Compliance

Clarifying “Absconded Supervision” in Probation Revocation: Standards for Reporting and Treatment Compliance

Date: May 29, 2025
Clarifying “Absconded Supervision” in Probation Revocation: Standards for Reporting and Treatment Compliance Introduction In State of West Virginia v. Douglas G. Hill, Jr., No. 23-368 (W. Va. May 28,...
Spinoff Carve-Out for Equity Award Amendments and Demand Futility Clarified by Delaware Supreme Court

Spinoff Carve-Out for Equity Award Amendments and Demand Futility Clarified by Delaware Supreme Court

Date: May 29, 2025
Spinoff Carve-Out for Equity Award Amendments and Demand Futility Clarified by Delaware Supreme Court Introduction This commentary examines the Supreme Court of Delaware’s decision in Vladimir...
Establishing Sentencing Causation and Justifying Upward Variances When a Victim’s Death Is Deemed Contributory

Establishing Sentencing Causation and Justifying Upward Variances When a Victim’s Death Is Deemed Contributory

Date: May 29, 2025
Establishing Sentencing Causation and Justifying Upward Variances When a Victim’s Death Is Deemed Contributory 1. Introduction The First Circuit’s decision in United States v. Rosario-Ramos (No....
Reasonable Response Time Under Ohio’s Public Records Act in High-Volume Contexts

Reasonable Response Time Under Ohio’s Public Records Act in High-Volume Contexts

Date: May 29, 2025
Reasonable Response Time Under Ohio’s Public Records Act in High-Volume Contexts Introduction In State ex rel. Robinson v. Wesson, Slip Opinion No. 2025-Ohio-1874 (May 28, 2025), the Supreme Court of...
Autonomy in Firearm Regulation Under Georgia’s Constitution: Upholding Paragraph VIII’s “Manner Clause”

Autonomy in Firearm Regulation Under Georgia’s Constitution: Upholding Paragraph VIII’s “Manner Clause”

Date: May 29, 2025
Autonomy in Firearm Regulation Under Georgia’s Constitution: Upholding Paragraph VIII’s “Manner Clause” 1. Introduction Stephens v. State of Georgia, decided May 28, 2025 by the Supreme Court of...
Beyond Expiration: Appellate Review of Expired Extreme Risk Protection Orders – A Commentary on Matter of Orangetown Police Dept. v. Cashell

Beyond Expiration: Appellate Review of Expired Extreme Risk Protection Orders – A Commentary on Matter of Orangetown Police Dept. v. Cashell

Date: May 29, 2025
Beyond Expiration: Appellate Review of Expired Extreme Risk Protection Orders – A Commentary on Matter of Orangetown Police Dept. v. Cashell 1. Introduction In Matter of Orangetown Police Department...
Limits on Title VII Remedies and ADEA Eligibility for Retired Annuitants in Federal Employment: Laber v. Hegseth

Limits on Title VII Remedies and ADEA Eligibility for Retired Annuitants in Federal Employment: Laber v. Hegseth

Date: May 29, 2025
Limits on Title VII Remedies and ADEA Eligibility for Retired Annuitants in Federal Employment: Laber v. Hegseth Introduction Laber v. Hegseth, No. 23-3157 (10th Cir. May 28, 2025), arises from a pro...
Clarifying Fourth Amendment Seizures and the Bounds of Permissible Prolongation of Stops: United States v. Joseph

Clarifying Fourth Amendment Seizures and the Bounds of Permissible Prolongation of Stops: United States v. Joseph

Date: May 29, 2025
Clarifying Fourth Amendment Seizures and the Bounds of Permissible Prolongation of Stops: United States v. Joseph Introduction United States v. Samuel Pierre Joseph (4th Cir. 2025) addresses two...
Establishment of One-Year Suspension Standard for Client Abandonment Under Georgia Professional Conduct Rules

Establishment of One-Year Suspension Standard for Client Abandonment Under Georgia Professional Conduct Rules

Date: May 29, 2025
Establishment of One-Year Suspension Standard for Client Abandonment Under Georgia Professional Conduct Rules Introduction In In the Matter of Nathaniel Watson Cochran (Supreme Court of Georgia,...
Arbitrary Detention, Arguable Probable Cause, and De Minimis Force: The Eleventh Circuit’s Rule in Daniels v. Blakley

Arbitrary Detention, Arguable Probable Cause, and De Minimis Force: The Eleventh Circuit’s Rule in Daniels v. Blakley

Date: May 29, 2025
Arbitrary Detention, Arguable Probable Cause, and De Minimis Force: The Eleventh Circuit’s Rule in Daniels v. Blakley Introduction In Terrell Daniels, Jr. v. Kadarius Blakley (11th Cir. May 28,...
Consent-Based License Revocation Under SCR 22.19 for Criminal Acts Reflecting on Attorney Fitness

Consent-Based License Revocation Under SCR 22.19 for Criminal Acts Reflecting on Attorney Fitness

Date: May 29, 2025
Consent-Based License Revocation Under SCR 22.19 for Criminal Acts Reflecting on Attorney Fitness Introduction Office of Lawyer Regulation v. Leslie M. Smith, 2025 WI 19, represents a watershed in...
FCRA Furnisher Duty Defined: Reasonable Investigations Need Not Guarantee Consumer-Favorable Outcomes

FCRA Furnisher Duty Defined: Reasonable Investigations Need Not Guarantee Consumer-Favorable Outcomes

Date: May 29, 2025
FCRA Furnisher Duty Defined: Reasonable Investigations Need Not Guarantee Consumer-Favorable Outcomes 1. Introduction Suluki v. Credit One Bank, NA, 23-721-cv (2d Cir. May 28, 2025), examines the...
Montgomery v. King: Prejudice Requirement for Rule 11 Advisement of Supervised Release

Montgomery v. King: Prejudice Requirement for Rule 11 Advisement of Supervised Release

Date: May 29, 2025
Montgomery v. King: Prejudice Requirement for Rule 11 Advisement of Supervised Release Introduction In Ryan Lloyd Montgomery v. Timothy King, Superintendent, Southwestern Regional Jail and...
Anderson v. Divris: Successive Habeas Petitions and Ineffective-Assistance Claims Against Prior Counsel

Anderson v. Divris: Successive Habeas Petitions and Ineffective-Assistance Claims Against Prior Counsel

Date: May 29, 2025
Anderson v. Divris: Successive Habeas Petitions and Ineffective-Assistance Claims Against Prior Counsel Introduction This case arises on Bruce Anderson’s federal habeas challenge to his Massachusetts...
Malice Murder by Participation: Sufficiency of Evidence for Party Liability in Group Gunfights

Malice Murder by Participation: Sufficiency of Evidence for Party Liability in Group Gunfights

Date: May 29, 2025
Malice Murder by Participation: Sufficiency of Evidence for Party Liability in Group Gunfights Introduction Sims v. State (S25A0058) and Glover v. State (S25A0150) were decided by the Supreme Court...
Pollard v. State: Prejudice Requirement for Ineffective Assistance in Admission of Non-Warranted Cell-Site Location Evidence

Pollard v. State: Prejudice Requirement for Ineffective Assistance in Admission of Non-Warranted Cell-Site Location Evidence

Date: May 29, 2025
Pollard v. State: Prejudice Requirement for Ineffective Assistance in Admission of Non-Warranted Cell-Site Location Evidence Introduction In Pollard v. State, 310 Ga. ___ (2025), the Supreme Court of...
Bump-Up Exclusion Bars Indemnity for Shareholder Settlements in Merger Transactions

Bump-Up Exclusion Bars Indemnity for Shareholder Settlements in Merger Transactions

Date: May 29, 2025
Bump-Up Exclusion Bars Indemnity for Shareholder Settlements in Merger Transactions 1. Introduction In Towers Watson & Co. v. National Union Fire Insurance Co. of Pittsburgh, Pa. (4th Cir. 2025), the...
Deference to ALJ Findings in Longshore Act Claims: Substantial Evidence and APA Compliance

Deference to ALJ Findings in Longshore Act Claims: Substantial Evidence and APA Compliance

Date: May 29, 2025
Deference to ALJ Findings in Longshore Act Claims: Substantial Evidence and APA Compliance Introduction J. Larry Willis v. Director, Office of Workers’ Compensation Programs, U.S. Department of...
Prejudice Requirement in Arbitration Vacatur: Influence on Outcome Standard

Prejudice Requirement in Arbitration Vacatur: Influence on Outcome Standard

Date: May 29, 2025
Prejudice Requirement in Arbitration Vacatur: Influence on Outcome Standard Introduction This commentary examines the Supreme Court of Georgia’s decision in Docs of CT, LLC v. Biotek Services, LLC,...
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