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  • Commentaries
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interpreting-&amp Case Commentaries

Sampson Limited: Affirmative Defenses Must Be Evidenced at Summary Judgment; Hayden Foreclosure Standard Reaffirmed

Sampson Limited: Affirmative Defenses Must Be Evidenced at Summary Judgment; Hayden Foreclosure Standard Reaffirmed

Date: Sep 13, 2025
Sampson Limited: Affirmative Defenses Must Be Evidenced at Summary Judgment; Hayden Foreclosure Standard Reaffirmed Introduction In Russell A. Collins and Stacey D. Collins v. West Alabama Bank &...
Ex parte Tanner: Extending Ford’s “Relate-To” Specific Jurisdiction to Cross‑Border Health Systems; AMLA Venue Applicability to Out‑of‑State Malpractice Unresolved

Ex parte Tanner: Extending Ford’s “Relate-To” Specific Jurisdiction to Cross‑Border Health Systems; AMLA Venue Applicability to Out‑of‑State Malpractice Unresolved

Date: Sep 13, 2025
Ex parte Tanner: Extending Ford’s “Relate-To” Specific Jurisdiction to Cross‑Border Health Systems; AMLA Venue Applicability to Out‑of‑State Malpractice Unresolved Introduction This commentary...
Boyer v. State: Malice Without Motive and Tightened Limits on Alternative-Suspect Hearsay Under W.R.E. 803(8)(C)

Boyer v. State: Malice Without Motive and Tightened Limits on Alternative-Suspect Hearsay Under W.R.E. 803(8)(C)

Date: Sep 13, 2025
Boyer v. State: Malice Without Motive and Tightened Limits on Alternative-Suspect Hearsay Under W.R.E. 803(8)(C) Introduction In Andrew Lee Boyer v. The State of Wyoming, 2025 WY 100 (Wyo. Sept. 12,...
Sixth Circuit: Four-Month Gap and a Conflated OCRC Probable-Cause Letter Are Insufficient to Prove Causation in Title VII Retaliation

Sixth Circuit: Four-Month Gap and a Conflated OCRC Probable-Cause Letter Are Insufficient to Prove Causation in Title VII Retaliation

Date: Sep 13, 2025
Sixth Circuit: Four-Month Gap and a Conflated OCRC Probable-Cause Letter Are Insufficient to Prove Causation in Title VII Retaliation Introduction In Theresa A. Kovacs v. University of Toledo, No....
Post-Muldrow in the Sixth Circuit: “Some Harm” Suffices for Title VII Discrimination, But Profane “Employee Beef” on Social Media Is Not Protected Speech

Post-Muldrow in the Sixth Circuit: “Some Harm” Suffices for Title VII Discrimination, But Profane “Employee Beef” on Social Media Is Not Protected Speech

Date: Sep 13, 2025
Post-Muldrow in the Sixth Circuit: “Some Harm” Suffices for Title VII Discrimination, But Profane “Employee Beef” on Social Media Is Not Protected Speech Introduction This published decision from the...
Section 666 in the Territories: Third Circuit Affirms that Commissioners of Statutorily “Independent” Agencies Are Government Agents and Federal Block Grants Are “Benefits”

Section 666 in the Territories: Third Circuit Affirms that Commissioners of Statutorily “Independent” Agencies Are Government Agents and Federal Block Grants Are “Benefits”

Date: Sep 13, 2025
Section 666 in the Territories: Third Circuit Affirms that Commissioners of Statutorily “Independent” Agencies Are Government Agents and Federal Block Grants Are “Benefits” Case: United States v....
No Duty to Exhaustively Vet Citizen-Witness Backgrounds; Probable Cause Sustained by Partial Corroboration and Reconstructed Affidavit — United States v. Larnerd (3d Cir. 2025)

No Duty to Exhaustively Vet Citizen-Witness Backgrounds; Probable Cause Sustained by Partial Corroboration and Reconstructed Affidavit — United States v. Larnerd (3d Cir. 2025)

Date: Sep 13, 2025
No Duty to Exhaustively Vet Citizen-Witness Backgrounds; Probable Cause Sustained by Partial Corroboration and Reconstructed Affidavit — United States v. Larnerd (3d Cir. 2025) Introduction In United...
Qualified Immunity Does Not Shield Malicious Prosecution Built on Manufactured Evidence: Third Circuit’s Evans v. Newark

Qualified Immunity Does Not Shield Malicious Prosecution Built on Manufactured Evidence: Third Circuit’s Evans v. Newark

Date: Sep 13, 2025
Qualified Immunity Does Not Shield Malicious Prosecution Built on Manufactured Evidence Commentary on Lee Evans v. Newark City, Nos. 23-1723 & 23-1724 (3d Cir. Sept. 12, 2025) Introduction This...
No “Drive Home” Safe Harbor: Eleventh Circuit Upholds K-9 Deployment Where Motorist Fails to Promptly Stop and Resists Commands

No “Drive Home” Safe Harbor: Eleventh Circuit Upholds K-9 Deployment Where Motorist Fails to Promptly Stop and Resists Commands

Date: Sep 13, 2025
No “Drive Home” Safe Harbor: Eleventh Circuit Upholds K-9 Deployment Where Motorist Fails to Promptly Stop and Resists Commands Case: Martinezz Bowman v. David Harvey Court: United States Court of...
United States v. Valdez: Oral Sentencing Controls Over Unpronounced Supervised-Release Conditions; Tailored Minor-Contact Restrictions Upheld

United States v. Valdez: Oral Sentencing Controls Over Unpronounced Supervised-Release Conditions; Tailored Minor-Contact Restrictions Upheld

Date: Sep 13, 2025
United States v. Valdez: Oral Sentencing Controls Over Unpronounced Supervised-Release Conditions; Tailored Minor-Contact Restrictions Upheld Introduction In United States v. Valdez, No. 23-6482 (2d...
Upholding § 922(g)(3) After Bruen: Disarming Current Drug Users Is Analogous to Founding‑Era Limits on the Intoxicated and the Mentally Ill

Upholding § 922(g)(3) After Bruen: Disarming Current Drug Users Is Analogous to Founding‑Era Limits on the Intoxicated and the Mentally Ill

Date: Sep 13, 2025
Upholding § 922(g)(3) After Bruen: Disarming Current Drug Users Is Analogous to Founding‑Era Limits on the Intoxicated and the Mentally Ill Introduction United States v. John P. Seiwert is the...
Purposely Failing to Stop Is Independently Chargeable Under RSA 265:4, I(c): No Proof of Willful Eluding Required

Purposely Failing to Stop Is Independently Chargeable Under RSA 265:4, I(c): No Proof of Willful Eluding Required

Date: Sep 13, 2025
Purposely Failing to Stop Is Independently Chargeable Under RSA 265:4, I(c): No Proof of Willful Eluding Required Introduction In State of New Hampshire v. Donald Thompson (No. 2024-0519), decided by...
Police Non-Charging Is Not Dispositive; Pattern Evidence Permissible to Prove a “Credible Present Threat” Under RSA 173-B — Commentary on S.L. v. S.B. (N.H. Sept. 12, 2025)

Police Non-Charging Is Not Dispositive; Pattern Evidence Permissible to Prove a “Credible Present Threat” Under RSA 173-B — Commentary on S.L. v. S.B. (N.H. Sept. 12, 2025)

Date: Sep 13, 2025
Police Non-Charging Is Not Dispositive; Pattern Evidence Permissible to Prove a “Credible Present Threat” Under RSA 173-B — Commentary on S.L. v. S.B. (N.H. Sept. 12, 2025) Introduction In S.L. v....
No State Appeal From Single‑Justice Bail Decisions: Vermont Supreme Court Limits § 7556(c) to Trial-Court Orders in State v. Beldiman (2025 VT 55)

No State Appeal From Single‑Justice Bail Decisions: Vermont Supreme Court Limits § 7556(c) to Trial-Court Orders in State v. Beldiman (2025 VT 55)

Date: Sep 13, 2025
No State Appeal From Single‑Justice Bail Decisions: Vermont Supreme Court Limits § 7556(c) to Trial-Court Orders Case: State v. Nicolae Beldiman, 2025 VT 55 (Vt. Sept. 12, 2025) Court: Supreme Court...
General Standards and Annual Guidance Suffice for Vermont Hospital Budget Oversight; No Per‑Capita Mandate Under 18 V.S.A. § 9372

General Standards and Annual Guidance Suffice for Vermont Hospital Budget Oversight; No Per‑Capita Mandate Under 18 V.S.A. § 9372

Date: Sep 13, 2025
General Standards and Annual Guidance Suffice for Vermont Hospital Budget Oversight; No Per‑Capita Mandate Under 18 V.S.A. § 9372 Introduction This commentary examines the Vermont Supreme Court’s...
Separate and Distinct: N.H. Supreme Court Clarifies that Dependents’ Workers’ Comp Death-Benefit Claims Are Independent Under RSA 281-A:26; RSA 281-A:42-d Clock Runs from Denial of the Dependent’s Claim and the Injury Date Is the Date of Death

Separate and Distinct: N.H. Supreme Court Clarifies that Dependents’ Workers’ Comp Death-Benefit Claims Are Independent Under RSA 281-A:26; RSA 281-A:42-d Clock Runs from Denial of the Dependent’s Claim and the Injury Date Is the Date of Death

Date: Sep 13, 2025
Separate and Distinct: N.H. Supreme Court Clarifies that Dependents’ Workers’ Comp Death-Benefit Claims Are Independent Under RSA 281-A:26; RSA 281-A:42-d Clock Runs from Denial of the Dependent’s...
Bruen Step One Is Textual; Surety-Law Tradition Permits Temporary Disarmament of Felony Indictees: United States v. Jackson (4th Cir. 2025)

Bruen Step One Is Textual; Surety-Law Tradition Permits Temporary Disarmament of Felony Indictees: United States v. Jackson (4th Cir. 2025)

Date: Sep 13, 2025
Bruen Step One Is Textual; Surety-Law Tradition Permits Temporary Disarmament of Felony Indictees: United States v. Jackson (4th Cir. 2025) Introduction In United States v. Brandon Glen Jackson, the...
Misheard Confession, Independent Probable Cause, and Ligature Strangulation as a Deadly Weapon: Roginsky v. State (Nev. 2025)

Misheard Confession, Independent Probable Cause, and Ligature Strangulation as a Deadly Weapon: Roginsky v. State (Nev. 2025)

Date: Sep 13, 2025
Misheard Confession, Independent Probable Cause, and Ligature Strangulation as a Deadly Weapon: Roginsky v. State (Nev. 2025) Introduction In Roginsky (Robert) v. State, No. 89006 (Nev. Sept. 12,...
No Equitable Tolling for INA’s One-Motion Rule: The Fifth Circuit’s Categorical Bar on Tolling the Numerical Limit in Motions to Reopen

No Equitable Tolling for INA’s One-Motion Rule: The Fifth Circuit’s Categorical Bar on Tolling the Numerical Limit in Motions to Reopen

Date: Sep 13, 2025
No Equitable Tolling for INA’s One-Motion Rule: The Fifth Circuit’s Categorical Bar on Tolling the Numerical Limit in Motions to Reopen Introduction In Garcia Morin v. Bondi, No. 24-60590 (5th Cir....
Unapproved Class Settlements Don’t Moot Previously Granted Injunctive Relief: Third Circuit Affirms Permanent Injunction Despite Delay and Minor Drafting Errors

Unapproved Class Settlements Don’t Moot Previously Granted Injunctive Relief: Third Circuit Affirms Permanent Injunction Despite Delay and Minor Drafting Errors

Date: Sep 13, 2025
Unapproved Class Settlements Don’t Moot Previously Granted Injunctive Relief: Third Circuit Affirms Permanent Injunction Despite Delay and Minor Drafting Errors Case: Vaudral Luxama v. Ironbound...
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