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  • Commentaries
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interpreting-&amp Case Commentaries

In re Abel: Oregon Supreme Court Clarifies “Actual Knowledge” for RPC 8.4(a)(3) and Uses Objective Indicators to Prove It; False Criminal Threats in Demand Letters Merit Suspension

In re Abel: Oregon Supreme Court Clarifies “Actual Knowledge” for RPC 8.4(a)(3) and Uses Objective Indicators to Prove It; False Criminal Threats in Demand Letters Merit Suspension

Date: Sep 27, 2025
In re Abel: Oregon Supreme Court Clarifies “Actual Knowledge” for RPC 8.4(a)(3) and Uses Objective Indicators to Prove It; False Criminal Threats in Demand Letters Merit Suspension Citation: In re...
No Asportation Without Increased Isolation or Control: State v. Anderson Refines Oregon’s Kidnapping Standard and Confirms Property-Directed Violence Can Constitute Menacing

No Asportation Without Increased Isolation or Control: State v. Anderson Refines Oregon’s Kidnapping Standard and Confirms Property-Directed Violence Can Constitute Menacing

Date: Sep 27, 2025
No Asportation Without Increased Isolation or Control: State v. Anderson Refines Oregon’s Kidnapping Standard and Confirms Property-Directed Violence Can Constitute Menacing Introduction In State v....
Mandatory Relief Upon a Case‑Specific Showing of Prejudice from Joinder: The Oregon Supreme Court’s Clarification of ORS 132.560(3) in State v. Hernandez‑Esteban

Mandatory Relief Upon a Case‑Specific Showing of Prejudice from Joinder: The Oregon Supreme Court’s Clarification of ORS 132.560(3) in State v. Hernandez‑Esteban

Date: Sep 27, 2025
Mandatory Relief Upon a Case‑Specific Showing of Prejudice from Joinder: The Oregon Supreme Court’s Clarification of ORS 132.560(3) in State v. Hernandez‑Esteban Introduction In State v....
WRME Eligibility Turns on Insurer’s Current Reliance on an IME: Oregon Supreme Court Adopts a “Time-of-Decision” Test in Teitelman v. SAIF

WRME Eligibility Turns on Insurer’s Current Reliance on an IME: Oregon Supreme Court Adopts a “Time-of-Decision” Test in Teitelman v. SAIF

Date: Sep 27, 2025
WRME Eligibility Turns on Insurer’s Current Reliance on an IME: Oregon Supreme Court Adopts a “Time-of-Decision” Test in Teitelman v. SAIF Introduction In Teitelman v. SAIF, 374 Or 271 (2025), the...
From Schedules to Standards: Florida Supreme Court Mandates Consideration of Statutory Factors, Authorizes Pre–First Appearance Release, and Permits Bail Reconsideration for Inability to Pay under Amended Rule 3.131

From Schedules to Standards: Florida Supreme Court Mandates Consideration of Statutory Factors, Authorizes Pre–First Appearance Release, and Permits Bail Reconsideration for Inability to Pay under Amended Rule 3.131

Date: Sep 27, 2025
From Schedules to Standards: Florida Supreme Court Mandates Consideration of Statutory Factors, Authorizes Pre–First Appearance Release, and Permits Bail Reconsideration for Inability to Pay under...
Florida Supreme Court Front-Loads Postconviction Pleading and Expert Disclosures: New Specificity Requirements for “Failure to Call Witnesses” Ineffective-Assistance Claims and Clarified DNA-Testing Appeal Time

Florida Supreme Court Front-Loads Postconviction Pleading and Expert Disclosures: New Specificity Requirements for “Failure to Call Witnesses” Ineffective-Assistance Claims and Clarified DNA-Testing Appeal Time

Date: Sep 27, 2025
Florida Supreme Court Front-Loads Postconviction Pleading and Expert Disclosures: New Specificity Requirements for “Failure to Call Witnesses” Ineffective-Assistance Claims and Clarified DNA-Testing...
Reasonable Misperception of a Drawn Gun Supports Qualified Immunity Even with Inconclusive Bodycam Footage

Reasonable Misperception of a Drawn Gun Supports Qualified Immunity Even with Inconclusive Bodycam Footage

Date: Sep 27, 2025
Reasonable Misperception of a Drawn Gun Supports Qualified Immunity Even with Inconclusive Bodycam Footage Introduction This commentary analyzes the Seventh Circuit’s decision in Earnise Pam v. City...
Remote Work for In‑Person K‑12 Teaching Requires Plausible, Specific ADA Pleadings; Denial of Accommodation Alone Is Not a Retaliatory Adverse Action

Remote Work for In‑Person K‑12 Teaching Requires Plausible, Specific ADA Pleadings; Denial of Accommodation Alone Is Not a Retaliatory Adverse Action

Date: Sep 27, 2025
Remote Work for In‑Person K‑12 Teaching Requires Plausible, Specific ADA Pleadings; Denial of Accommodation Alone Is Not a Retaliatory Adverse Action Introduction In Bodie-Jernigan v. School Board of...
SURE-Based Email Notifications and Accurate Coding as Pennsylvania’s Minimum Statewide Process for Defective Mail‑In Ballots

SURE-Based Email Notifications and Accurate Coding as Pennsylvania’s Minimum Statewide Process for Defective Mail‑In Ballots

Date: Sep 27, 2025
SURE-Based Email Notifications and Accurate Coding as Pennsylvania’s Minimum Statewide Process for Defective Mail‑In Ballots Introduction In Center for Coalfield Justice v. Washington County Board of...
Medically Contested Causation Must Be Referred to the Wyoming Medical Commission Based on the Record at the Time of Referral: Commentary on Polzer v. State ex rel. Department of Workforce Services, Workers’ Compensation Division (2025 WY 104)

Medically Contested Causation Must Be Referred to the Wyoming Medical Commission Based on the Record at the Time of Referral: Commentary on Polzer v. State ex rel. Department of Workforce Services, Workers’ Compensation Division (2025 WY 104)

Date: Sep 27, 2025
Medically Contested Causation Must Be Referred to the Wyoming Medical Commission Based on the Record at the Time of Referral Comprehensive Commentary on Joseph Daniel Polzer v. State of Wyoming, ex...
Actual Reliance and Invited Error: Eleventh Circuit Clarifies Challenges to Sentences Based on Disputed PSI Facts

Actual Reliance and Invited Error: Eleventh Circuit Clarifies Challenges to Sentences Based on Disputed PSI Facts

Date: Sep 27, 2025
Actual Reliance and Invited Error: Eleventh Circuit Clarifies Challenges to Sentences Based on Disputed PSI Facts Introduction In United States v. Jacob Elijah Groover, No. 24-13068 (11th Cir. Sept....
Second Circuit Reaffirms Sloley I: Visual Body Cavity Searches Require Reasonable Suspicion of Concealment Inside a Body Cavity; Erroneous “in or on” Jury Instruction Warrants New Trial

Second Circuit Reaffirms Sloley I: Visual Body Cavity Searches Require Reasonable Suspicion of Concealment Inside a Body Cavity; Erroneous “in or on” Jury Instruction Warrants New Trial

Date: Sep 27, 2025
Second Circuit Reaffirms Sloley I: Visual Body Cavity Searches Require Reasonable Suspicion of Concealment Inside a Body Cavity; Erroneous “in or on” Jury Instruction Warrants New Trial Case: Sloley...
Agencies May Repeal What They Can Enact: Alaska Supreme Court Affirms ADF&G Commissioner’s Implied and Delegated Authority Over Critical Habitat “Compatibility”

Agencies May Repeal What They Can Enact: Alaska Supreme Court Affirms ADF&G Commissioner’s Implied and Delegated Authority Over Critical Habitat “Compatibility”

Date: Sep 27, 2025
Agencies May Repeal What They Can Enact: Alaska Supreme Court Affirms ADF&G Commissioner’s Implied and Delegated Authority Over Critical Habitat “Compatibility” Introduction In State of Alaska...
Reaffirming the High Bar for Post‑Judgment Relief: Eleventh Circuit Clarifies that Alleged Opponent‑Induced Attorney Conflicts and Summary‑Judgment Misstatements Do Not Constitute Rule 60 Fraud or “Exceptional Circumstances” Without Clear, Prejudicial Proof

Reaffirming the High Bar for Post‑Judgment Relief: Eleventh Circuit Clarifies that Alleged Opponent‑Induced Attorney Conflicts and Summary‑Judgment Misstatements Do Not Constitute Rule 60 Fraud or “Exceptional Circumstances” Without Clear, Prejudicial Proof

Date: Sep 27, 2025
Reaffirming the High Bar for Post‑Judgment Relief: Eleventh Circuit Clarifies that Alleged Opponent‑Induced Attorney Conflicts and Summary‑Judgment Misstatements Do Not Constitute Rule 60 Fraud or...
Ambiguity in Pro Se Filing Timing and Accrual of False Imprisonment Precludes 12(b)(6) Time-Bar Dismissal: Corley v. Rantab Enterprises, Inc. (2d Cir. 2025)

Ambiguity in Pro Se Filing Timing and Accrual of False Imprisonment Precludes 12(b)(6) Time-Bar Dismissal: Corley v. Rantab Enterprises, Inc. (2d Cir. 2025)

Date: Sep 27, 2025
Ambiguity in Pro Se Filing Timing and Accrual of False Imprisonment Precludes 12(b)(6) Time-Bar Dismissal Introduction In a nonprecedential but instructive summary order, the United States Court of...
Alaska Supreme Court Clarifies ICWA: No “Active Efforts” Duty to Extended Family in Post-Removal Placement Requests

Alaska Supreme Court Clarifies ICWA: No “Active Efforts” Duty to Extended Family in Post-Removal Placement Requests

Date: Sep 27, 2025
ICWA’s “Active Efforts” Focus on Parents and Indian Custodians, Not Extended Family: Alaska Supreme Court’s Decision in Betsy F. v. State (No. 7789, Sept. 26, 2025) Introduction In a decision of...
Concurrent Permanency Planning Is Discretionary, Not Mandatory, Under Wyo. Stat. § 14-3-440: Wyoming Supreme Court Affirms Shift to Adoption in In the Interest of LC (2025 WY 105)

Concurrent Permanency Planning Is Discretionary, Not Mandatory, Under Wyo. Stat. § 14-3-440: Wyoming Supreme Court Affirms Shift to Adoption in In the Interest of LC (2025 WY 105)

Date: Sep 27, 2025
Concurrent Permanency Planning Is Discretionary, Not Mandatory, Under Wyo. Stat. § 14-3-440: Wyoming Supreme Court Affirms Shift to Adoption in In the Interest of LC (2025 WY 105) Introduction The...
One Note, One Transaction: Nebraska Clarifies Recoupment’s “Same Transaction” Test and Tightens Imputation for the Discovery Rule in Konecne v. Abram, LLC

One Note, One Transaction: Nebraska Clarifies Recoupment’s “Same Transaction” Test and Tightens Imputation for the Discovery Rule in Konecne v. Abram, LLC

Date: Sep 27, 2025
One Note, One Transaction: Nebraska Clarifies Recoupment’s “Same Transaction” Test and Tightens Imputation for the Discovery Rule in Konecne v. Abram, LLC Introduction In Konecne v. Abram, LLC, 319...
Inquiry Notice Triggers OUTSA Limitations and “New Matter” Limits Derivative Software Registrations: Cincom Systems, Inc. v. LabWare, Inc.

Inquiry Notice Triggers OUTSA Limitations and “New Matter” Limits Derivative Software Registrations: Cincom Systems, Inc. v. LabWare, Inc.

Date: Sep 27, 2025
Inquiry Notice Triggers OUTSA Limitations and “New Matter” Limits Derivative Software Registrations: Cincom Systems, Inc. v. LabWare, Inc. Introduction In Cincom Systems, Inc. v. LabWare, Inc., No....
Circumstantial Evidence and Motive Can Sustain Sentencing Fact-Finding; Unpreserved Procedural Claims Face Plain-Error Hurdle — United States v. Meyers (11th Cir. 2025)

Circumstantial Evidence and Motive Can Sustain Sentencing Fact-Finding; Unpreserved Procedural Claims Face Plain-Error Hurdle — United States v. Meyers (11th Cir. 2025)

Date: Sep 27, 2025
Circumstantial Evidence and Motive Can Sustain Sentencing Fact-Finding; Unpreserved Procedural Claims Face Plain-Error Hurdle Case: United States v. Leslie Meyers, No. 24-12915 (11th Cir. Sept. 26,...
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