interpreting-& Case Commentaries

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,...

Misdesignated Notices Saved by FRAP 3(c)(7), “Some Day Intentions” Do Not Confer Equitable Standing, and Neutral Single‑Family Zoning Is Not Facially Discriminatory: Commentary on Be the Bush Recovery Ministries v. Coffee County

Date: Oct 9, 2025

Misdesignated Notices Saved by FRAP 3(c)(7), “Some Day Intentions” Do Not Confer Equitable Standing, and Neutral Single‑Family Zoning Is Not Facially Discriminatory: Commentary on Be the Bush...

A New Interpretation on Appeal Is a Forfeited Issue: The Eleventh Circuit Clarifies the Issue–Argument Divide in Gould v. Interface

Date: Oct 9, 2025

A New Interpretation on Appeal Is a Forfeited Issue: The Eleventh Circuit Clarifies the Issue–Argument Divide in Gould v. Interface Court: U.S. Court of Appeals for the Eleventh Circuit Date: October...

Reaffirming Arreguin: First Circuit Requires the BIA to Identify Corroboration Before Heavily Relying on Non‑Conviction Police Reports to Deny Adjustment of Status

Date: Oct 9, 2025

Reaffirming Arreguin: First Circuit Requires the BIA to Identify Corroboration Before Heavily Relying on Non‑Conviction Police Reports to Deny Adjustment of Status Introduction In Maurice v. Bondi,...

Tennessee Supreme Court Clarifies Plain-View Seizures: Voluntary, Unwarned Admissions May Supply Probable Cause; “Immediately Apparent” Does Not Mean Instantaneous

Date: Oct 9, 2025

Tennessee Supreme Court Clarifies Plain-View Seizures: Voluntary, Unwarned Admissions May Supply Probable Cause; “Immediately Apparent” Does Not Mean Instantaneous Case: State of Tennessee v. Ambreia...

Pleading-Stage Constitutional Scrutiny of Municipal Tax Classifications: Equal Protection, Vagueness, and Dormant Commerce Clause Claims May Proceed; Zoning-Notice Attack Fails — Campus Crest v. City of Tuscaloosa

Date: Oct 8, 2025

Pleading-Stage Constitutional Scrutiny of Municipal Tax Classifications: Equal Protection, Vagueness, and Dormant Commerce Clause Claims May Proceed; Zoning-Notice Attack Fails Introduction In Campus...

Mississippi Supreme Court Authorizes $50 CLE Sponsor Application Fee as a Condition of Accreditation

Date: Oct 8, 2025

Mississippi Supreme Court Authorizes $50 CLE Sponsor Application Fee as a Condition of Accreditation Introduction This commentary examines the Mississippi Supreme Court’s administrative order in In...

Mississippi Supreme Court Adopts Official Civil Subpoena Forms (Forms 6–8) and Requires Conspicuous Ten‑Day Production Hold Under Rule 45

Date: Oct 8, 2025

Mississippi Supreme Court Adopts Official Civil Subpoena Forms (Forms 6–8) and Requires Conspicuous Ten‑Day Production Hold Under Rule 45 Introduction In a rulemaking order titled “In re: The Rules...

Pleading-Stage Pathways Around the UCC Statute of Frauds: Joint Counsel’s Email May Qualify as a Merchant’s Confirmation, and Pre‑Closing Control May Constitute Receipt and Acceptance

Date: Oct 8, 2025

Pleading-Stage Pathways Around the UCC Statute of Frauds: Joint Counsel’s Email May Qualify as a Merchant’s Confirmation, and Pre‑Closing Control May Constitute Receipt and Acceptance Introduction In...

No Present Conveyance, No Deed: Mississippi High Court Holds “Upon Sale or My Death Shall Be Shared” Instruments Are Testamentary, Not Inter Vivos Conveyances

Date: Oct 8, 2025

No Present Conveyance, No Deed: Mississippi High Court Holds “Upon Sale or My Death Shall Be Shared” Instruments Are Testamentary, Not Inter Vivos Conveyances Introduction This commentary analyzes...

Ripeness at Sixty-Five and the Conformity Clause: Florida Rejects a Categorical “Elderly” Exemption from Execution in Smithers v. State (Fla. 2025)

Date: Oct 8, 2025

Ripeness at Sixty-Five and the Conformity Clause: Florida Rejects a Categorical “Elderly” Exemption from Execution in Smithers v. State (Fla. 2025) Introduction In Samuel L. Smithers v. State of...

Including Profit in an Automaker’s “Destination Charge” Is Not Deceptive Under the NJCFA, and Manufacturers Owe No Disclosure Duty for Pass-Through Fees

Date: Oct 5, 2025

Including Profit in an Automaker’s “Destination Charge” Is Not Deceptive Under the NJCFA, and Manufacturers Owe No Disclosure Duty for Pass-Through Fees Introduction In BCR Carpentry LLC v. FCA US...

“Claim-and-Denial” Ripeness Rule for Takings Challenges to Pennsylvania’s Unclaimed Property Custody

Date: Oct 5, 2025

“Claim-and-Denial” Ripeness Rule for Takings Challenges to Pennsylvania’s Unclaimed Property Custody Case: Brian Dillow v. Treasurer of the Commonwealth of Pennsylvania Court: United States Court of...

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