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  • Commentaries
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interpreting-&amp Case Commentaries

No Notice, No Liability: Eleventh Circuit Clarifies Supervisory/Municipal Standards and TVPRA “Knowingly Benefit” Requirement in Bridges v. Poe

No Notice, No Liability: Eleventh Circuit Clarifies Supervisory/Municipal Standards and TVPRA “Knowingly Benefit” Requirement in Bridges v. Poe

Date: Oct 19, 2025
No Notice, No Liability: Eleventh Circuit Clarifies Supervisory/Municipal Standards and TVPRA “Knowingly Benefit” Requirement in Bridges v. Poe Introduction In a published decision addressing...
Antique and De Minimis Ivory Exceptions Do Not Negate Federal Duty to Declare: Eleventh Circuit Clarifies Smuggling Mens Rea and Permits Use of Asking Prices to Value Wildlife Art Under § 2Q2.1

Antique and De Minimis Ivory Exceptions Do Not Negate Federal Duty to Declare: Eleventh Circuit Clarifies Smuggling Mens Rea and Permits Use of Asking Prices to Value Wildlife Art Under § 2Q2.1

Date: Oct 19, 2025
Antique and De Minimis Ivory Exceptions Do Not Negate Federal Duty to Declare: Eleventh Circuit Clarifies Smuggling Mens Rea and Permits Use of Asking Prices to Value Wildlife Art Under § 2Q2.1...
Speculation Is Not Enough: Seventh Circuit Reaffirms Evidence-Heavy Burden for Monell Failure-to-Train Claims Alleging Racial Profiling in Traffic Stops

Speculation Is Not Enough: Seventh Circuit Reaffirms Evidence-Heavy Burden for Monell Failure-to-Train Claims Alleging Racial Profiling in Traffic Stops

Date: Oct 19, 2025
Speculation Is Not Enough: Seventh Circuit Reaffirms Evidence-Heavy Burden for Monell Failure-to-Train Claims Alleging Racial Profiling in Traffic Stops Case: Devonte Abbas v. City of Hobart, Indiana...
Informal, Non-Adversarial Process Is Sufficient for Disciplinary Segregation Absent Good-Time Loss: Seventh Circuit Affirms in Torres v. Brookman

Informal, Non-Adversarial Process Is Sufficient for Disciplinary Segregation Absent Good-Time Loss: Seventh Circuit Affirms in Torres v. Brookman

Date: Oct 19, 2025
Informal, Non-Adversarial Process Is Sufficient for Disciplinary Segregation Absent Good-Time Loss Commentary on Norberto Torres v. Kent Brookman and Jason Hart (7th Cir. Oct. 17, 2025) Introduction...
No Magic-Words Requirement for Waiver at Sentencing; Within-Guidelines Sentences Satisfy § 3553(a)(6): United States v. Siegel (7th Cir. 2025)

No Magic-Words Requirement for Waiver at Sentencing; Within-Guidelines Sentences Satisfy § 3553(a)(6): United States v. Siegel (7th Cir. 2025)

Date: Oct 19, 2025
No Magic-Words Requirement for Waiver at Sentencing; Within-Guidelines Sentences Satisfy § 3553(a)(6) Commentary on United States v. Brett Siegel, No. 24-1537 (7th Cir. Oct. 17, 2025)...
Strategic Acceptance Is Waiver: Agreeing to a Loss Figure Forecloses §2B1.1 Causation Challenges in the Seventh Circuit

Strategic Acceptance Is Waiver: Agreeing to a Loss Figure Forecloses §2B1.1 Causation Challenges in the Seventh Circuit

Date: Oct 19, 2025
Strategic Acceptance Is Waiver: Agreeing to a Loss Figure Forecloses §2B1.1 Causation Challenges in the Seventh Circuit Introduction In United States v. Kenneth D. Courtright, the Seventh Circuit...
Collective Knowledge and Stash‑House Nexus Suffice for a Vehicle Stop: United States v. Amado (1st Cir. 2025)

Collective Knowledge and Stash‑House Nexus Suffice for a Vehicle Stop: United States v. Amado (1st Cir. 2025)

Date: Oct 19, 2025
Collective Knowledge and Stash‑House Nexus Suffice for a Vehicle Stop: United States v. Amado (1st Cir. 2025) Introduction In United States v. Amado, the First Circuit affirmed both the convictions...
Two Edge Departures in 18 Seconds: Vermont Clarifies Reasonable Suspicion for DUI Stops on Unmarked Roads

Two Edge Departures in 18 Seconds: Vermont Clarifies Reasonable Suspicion for DUI Stops on Unmarked Roads

Date: Oct 19, 2025
Two Edge Departures in 18 Seconds: Vermont Clarifies Reasonable Suspicion for DUI Stops on Unmarked Roads Introduction In State v. Karen Norton, 2025 VT 56, the Vermont Supreme Court addressed when...
Finality of Arbitration Confirmation Judgments Triggers Utah’s Eight‑Year Expiration; Insurers Must Defend Amid Genuine Cancellation Disputes

Finality of Arbitration Confirmation Judgments Triggers Utah’s Eight‑Year Expiration; Insurers Must Defend Amid Genuine Cancellation Disputes

Date: Oct 19, 2025
Finality of Arbitration Confirmation Judgments Triggers Utah’s Eight‑Year Expiration; Insurers Must Defend Amid Genuine Cancellation Disputes Introduction In Farm Bureau Mutual Insurance Co. v....
Speculative Timing Concerns Do Not Justify Bypassing the District Court: Utah Supreme Court Clarifies Rule 19 Gatekeeping for Extraordinary Relief in Initiative Disputes

Speculative Timing Concerns Do Not Justify Bypassing the District Court: Utah Supreme Court Clarifies Rule 19 Gatekeeping for Extraordinary Relief in Initiative Disputes

Date: Oct 19, 2025
Speculative Timing Concerns Do Not Justify Bypassing the District Court: Utah Supreme Court Clarifies Rule 19 Gatekeeping for Extraordinary Relief in Initiative Disputes Introduction In Maxfield v....
Article IX(a) Grants a Right to Seek, Not a Right to Divert: Utah May Enforce Its Export Statute and Require Evidence of Beneficial Use in the Recipient State

Article IX(a) Grants a Right to Seek, Not a Right to Divert: Utah May Enforce Its Export Statute and Require Evidence of Beneficial Use in the Recipient State

Date: Oct 19, 2025
Article IX(a) Grants a Right to Seek, Not a Right to Divert: Utah May Enforce Its Export Statute and Require Evidence of Beneficial Use in the Recipient State Introduction In Water Horse Resources,...
Mandate Means Mandate: Limited Remand to the Existing Record and the Non‑Dispositive Role of “Abiding Scheme” Evidence in Nebraska Will Contests

Mandate Means Mandate: Limited Remand to the Existing Record and the Non‑Dispositive Role of “Abiding Scheme” Evidence in Nebraska Will Contests

Date: Oct 19, 2025
Mandate Means Mandate: Limited Remand to the Existing Record and the Non‑Dispositive Role of “Abiding Scheme” Evidence in Nebraska Will Contests Introduction In In re Estate of Walker, 320 Neb. 139...
Nebraska Supreme Court adopts four alternative measures for restitution in unjust enrichment and reaffirms indefiniteness bar to oral renovation agreements: Morris v. Dall

Nebraska Supreme Court adopts four alternative measures for restitution in unjust enrichment and reaffirms indefiniteness bar to oral renovation agreements: Morris v. Dall

Date: Oct 19, 2025
Morris v. Dall: Nebraska Supreme Court adopts Restatement (Third) § 49’s four measures of restitution and reaffirms that indefinite oral renovation agreements are unenforceable Introduction In Morris...
No Recantation, No Brady: Delaware Supreme Court Holds That a Victim’s “Drop the Charges” Affidavit Is Not a Recantation and Reaffirms That DNA Is Not Required to Sustain a Rape Conviction

No Recantation, No Brady: Delaware Supreme Court Holds That a Victim’s “Drop the Charges” Affidavit Is Not a Recantation and Reaffirms That DNA Is Not Required to Sustain a Rape Conviction

Date: Oct 18, 2025
No Recantation, No Brady: Delaware Supreme Court Holds That a Victim’s “Drop the Charges” Affidavit Is Not a Recantation and Reaffirms That DNA Is Not Required to Sustain a Rape Conviction...
Delaware Supreme Court Clarifies: No Duty to Disclose Preexisting Internal Projections and No Material Omission When Undisclosed Forecast Falls Within a Disclosed Range

Delaware Supreme Court Clarifies: No Duty to Disclose Preexisting Internal Projections and No Material Omission When Undisclosed Forecast Falls Within a Disclosed Range

Date: Oct 18, 2025
Internal Projections That Pre-Date a Solicitation and Fall Within a Disclosed Range Are Not Material Omissions Delaware Supreme Court affirms dismissal in Van den Wildenberg v. Sign‑Zone, refining...
Third Circuit Holds FLSA § 216(b) Does Not Bar Release of Unasserted FLSA Claims in Rule 23 Opt‑Out Settlements

Third Circuit Holds FLSA § 216(b) Does Not Bar Release of Unasserted FLSA Claims in Rule 23 Opt‑Out Settlements

Date: Oct 18, 2025
Third Circuit Holds FLSA § 216(b) Does Not Bar Release of Unasserted FLSA Claims in Rule 23 Opt‑Out Settlements Case: Graham Lundeen v. 10 West Ferry Street Operations LLC d/b/a Logan Inn, No....
No Count-by-Count Cure: Fifth Circuit Requires Dismissal of the Entire Indictment When Any Count Violates the Sixth Amendment Speedy Trial Right

No Count-by-Count Cure: Fifth Circuit Requires Dismissal of the Entire Indictment When Any Count Violates the Sixth Amendment Speedy Trial Right

Date: Oct 18, 2025
No Count-by-Count Cure: Fifth Circuit Requires Dismissal of the Entire Indictment When Any Count Violates the Sixth Amendment Speedy Trial Right Introduction In Berryman v. Huffman, No. 23-60627 (5th...
Predicate-Conviction-Specific Bruen Analysis: Fifth Circuit Remands § 922(g)(1) As-Applied Challenge in United States v. Smith

Predicate-Conviction-Specific Bruen Analysis: Fifth Circuit Remands § 922(g)(1) As-Applied Challenge in United States v. Smith

Date: Oct 18, 2025
Predicate-Conviction-Specific Bruen Analysis: Fifth Circuit Remands § 922(g)(1) As-Applied Challenge in United States v. Smith Court: United States Court of Appeals for the Fifth Circuit Date:...
Removal Waives Eleventh Amendment Immunity, Not General Sovereign Immunity; Equal Protection § 1983 Claims Require Specific Comparators and Impermissible Motive — Commentary on Bell v. University of the State of N.Y. (2d Cir. 2025)

Removal Waives Eleventh Amendment Immunity, Not General Sovereign Immunity; Equal Protection § 1983 Claims Require Specific Comparators and Impermissible Motive — Commentary on Bell v. University of the State of N.Y. (2d Cir. 2025)

Date: Oct 18, 2025
Removal Waives Eleventh Amendment Immunity, Not General Sovereign Immunity; Equal Protection § 1983 Claims Require Specific Comparators and Impermissible Motive Case: Bell v. University of the State...
“Notice + Barricades” Suffice: Second Circuit Affirms No Jones Act Negligence or Unseaworthiness for a Temporarily Open Hatch, and Rejects Case-Dispositive Spoliation Sanctions

“Notice + Barricades” Suffice: Second Circuit Affirms No Jones Act Negligence or Unseaworthiness for a Temporarily Open Hatch, and Rejects Case-Dispositive Spoliation Sanctions

Date: Oct 18, 2025
“Notice + Barricades” Suffice: Second Circuit Affirms No Jones Act Negligence or Unseaworthiness for a Temporarily Open Hatch, and Rejects Case-Dispositive Spoliation Sanctions Court: U.S. Court of...
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