heightened-scrutiny-for-settlements-with-& Case Commentaries

Jus Soli, Not Domicile: First Circuit Reaffirms Birthright Citizenship and Clarifies Injunctive Scope in Doe v. Trump

Date: Oct 9, 2025

Jus Soli, Not Domicile: First Circuit Reaffirms Birthright Citizenship and Clarifies Injunctive Scope in Doe v. Trump Introduction In Doe v. Trump, the First Circuit confronted Executive Order 14160,...

First Circuit Confirms Birthright Citizenship Bars EO 14160 and Clarifies Injunctions Cannot Run Against the President or Agencies

Date: Oct 9, 2025

First Circuit Confirms Birthright Citizenship Bars EO 14160 and Clarifies Injunctions Cannot Run Against the President or Agencies Introduction In New Hampshire Indonesian Community Support v. Trump,...

Jus Soli Reaffirmed and Universal Relief Clarified: First Circuit Strikes Down EO 14160 and Holds “Subject to the Jurisdiction” Encompasses Nearly All U.S.-Born Children

Date: Oct 9, 2025

Jus Soli Reaffirmed and Universal Relief Clarified: First Circuit Strikes Down EO 14160 and Holds “Subject to the Jurisdiction” Encompasses Nearly All U.S.-Born Children Introduction This appeal from...

Evenhanded Pork Sales Bans Survive: First Circuit Applies National Pork to Reject Dormant Commerce Clause and FMIA/PSA Preemption Challenges

Date: Oct 9, 2025

Evenhanded Pork Sales Bans Survive: First Circuit Applies National Pork to Reject Dormant Commerce Clause and FMIA/PSA Preemption Challenges Introduction In Triumph Foods, LLC v. Campbell (1st Cir....

Disfavoring Token-Efforts-Only Terminations in Private Petitions and Rejecting Admissions by Silence: Nevada Supreme Court’s Guidance in In re Parental Rights as to S.A.T.

Date: Oct 9, 2025

Disfavoring Token-Efforts-Only Terminations in Private Petitions and Rejecting Admissions by Silence: Nevada Supreme Court’s Guidance in In re Parental Rights as to S.A.T. Introduction In In the...

State v. Chavez: Reaffirming that Pre‑arming, a Prolonged Multi‑Stab Attack, and Post‑Crime Evasion Support Deliberate Intent; Self‑Defense Instruction Requires Subjective Fear of Death or Great Bodily Harm

Date: Oct 9, 2025

State v. Chavez: Reaffirming that Pre‑arming, a Prolonged Multi‑Stab Attack, and Post‑Crime Evasion Support Deliberate Intent; Self‑Defense Instruction Requires Subjective Fear of Death or Great...

Visiting-Judge Assignment Irregularities Render Judgments Voidable, Not Void: Ohio Supreme Court Reaffirms Limits of Habeas in Lowe v. Smith

Date: Oct 9, 2025

Visiting-Judge Assignment Irregularities Render Judgments Voidable, Not Void: Ohio Supreme Court Reaffirms Limits of Habeas in Lowe v. Smith Case: Lowe v. Smith, Warden, Slip Opinion No....

Commutation Is Not a New Judgment: Ohio Supreme Court Confirms Governor’s Power to Substitute LWOP for Death Without Ex Post Facto Implications

Date: Oct 9, 2025

Commutation Is Not a New Judgment: Ohio Supreme Court Confirms Governor’s Power to Substitute LWOP for Death Without Ex Post Facto Implications Case: State ex rel. Hawkins v. Frederick, Slip Opinion...

Pleading Matters in Election Mandamus: Generic “Any Other Relief” Is Insufficient to Compel an R.C. 3503.24(B) Hearing or Alternative Remedies

Date: Oct 9, 2025

Pleading Matters in Election Mandamus: Generic “Any Other Relief” Is Insufficient to Compel an R.C. 3503.24(B) Hearing or Alternative Remedies Introduction In State ex rel. Hicks v. Adams County...

No Prohibition for Procedural Missteps Under R.C. 2981.03: Subject-Matter Jurisdiction vs. Exercise of Jurisdiction in Post-Sentence Property-Return Orders

Date: Oct 9, 2025

No Prohibition for Procedural Missteps Under R.C. 2981.03: Subject-Matter Jurisdiction vs. Exercise of Jurisdiction in Post-Sentence Property-Return Orders Introduction This commentary analyzes the...

Accident-Triggered Cervical Myelopathy and Level-Specific Stenosis Progression Can Create Triable Causation Despite Extensive Comorbidities: Moore v. Maley

Date: Oct 9, 2025

Accident-Triggered Cervical Myelopathy and Level-Specific Stenosis Progression Can Create Triable Causation Despite Extensive Comorbidities: Moore v. Maley Introduction In Moore v. Maley, 2025 NY...

Patient-Specific Risks Fall Outside Utah’s Learned Intermediary Rule for Pharmacists

Date: Oct 9, 2025

Patient-Specific Risks Fall Outside Utah’s Learned Intermediary Rule for Pharmacists Introduction In Jensen v. Walgreen Co., 2025 UT 41 (Utah Oct. 2, 2025), the Utah Supreme Court clarified the scope...

Redistribution, Not Reversion: Third Department Clarifies Unclaimed Class Settlement Funds and the Role of Qualified Settlement Funds in O'Brien v. Sagbolt LLC

Date: Oct 9, 2025

Redistribution, Not Reversion: The Third Department Clarifies Unclaimed Class Settlement Funds and the Role of Qualified Settlement Funds Introduction In O'Brien v. Sagbolt LLC, 2025 NY Slip Op 05280...

Arkansas Supreme Court Upholds “Detriment to the Community” as a Valid Parole Denial Basis and Reemphasizes No Liberty Interest in Parole: Howerton v. McCastlain, 2025 Ark. 144

Date: Oct 9, 2025

Arkansas Supreme Court Upholds “Detriment to the Community” as a Valid Parole Denial Basis and Reemphasizes No Liberty Interest in Parole Commentary on Howerton v. McCastlain, Chairman, Arkansas...

Coston v. State: Pretrial Addition of Same-Offense Counts Permissible Absent Unfair Surprise; No Presumed Prejudice Without a Continuance Request

Date: Oct 9, 2025

Pretrial Addition of Same-Offense Counts Permissible Absent Unfair Surprise; No Presumed Prejudice Without a Continuance Request Introduction In William Coston v. State of Arkansas, 2025 Ark. 143...

Non‑Precedential Guidance on Inconclusive DNA Evidence, Constructive Possession, and the § 2K2.1(b)(6)(B) “In-Connection-With” Enhancement: Commentary on United States v. Fable (2d Cir. 2025)

Date: Oct 9, 2025

Non‑Precedential Guidance on Inconclusive DNA Evidence, Constructive Possession, and the § 2K2.1(b)(6)(B) “In-Connection-With” Enhancement: Commentary on United States v. Fable (2d Cir. 2025)...

Eleventh Circuit Reaffirms: “Wasted Time” and Attorney Consultation Alone Are Self‑Imposed Harms Insufficient for Article III Standing in FDCPA/FCCPA Suits

Date: Oct 9, 2025

Eleventh Circuit Reaffirms: “Wasted Time” and Attorney Consultation Alone Are Self‑Imposed Harms Insufficient for Article III Standing in FDCPA/FCCPA Suits Case: Alex El Bachiri v. Medicredit, Inc....

Eleventh Circuit Reaffirms State-Schedule Approach and Georgia Aggravated Assault as “Crime of Violence” for §2K2.1 Enhancements: United States v. Morris

Date: Oct 9, 2025

Eleventh Circuit Reaffirms State-Schedule Approach and Georgia Aggravated Assault as “Crime of Violence” for §2K2.1 Enhancements Introduction In United States v. Devontae Jammell Morris (No....

No Obligation to Reweigh § 3553(a) in Light of Intervening Law: Eleventh Circuit Affirms Denial of Compassionate Release in United States v. Cruz

Date: Oct 9, 2025

No Obligation to Reweigh § 3553(a) in Light of Intervening Law: Eleventh Circuit Affirms Denial of Compassionate Release in United States v. Cruz Introduction In an unpublished, per curiam decision,...

Keene Harmless-Error Shield Applies Even When the Alternative Sentence Is Prompted by the Government: United States v. Parks (11th Cir. 2025)

Date: Oct 9, 2025

Keene Harmless-Error Shield Applies Even When the Alternative Sentence Is Prompted by the Government: United States v. Parks (11th Cir. 2025) Introduction In United States v. Santino Demarco Parks,...

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