interpreting-&amp Case Commentaries

Employment-Based Trustee Conflicts Presumed and Beneficiary Access to Partner Financials: The Montana Supreme Court’s Framework in Matter of the Potter Exemption Trust

Date: Oct 16, 2025

Employment-Based Trustee Conflicts Presumed and Beneficiary Access to Partner Financials: The Montana Supreme Court’s Framework in Matter of the Potter Exemption Trust Introduction In Matter of the...

State v. Ramirez: When “Mere Presence” and Accomplice-Caution Jury Instructions Are Properly Denied

Date: Oct 16, 2025

State v. Ramirez: When “Mere Presence” and Accomplice-Caution Jury Instructions Are Properly Denied Introduction In State v. E. Ramirez, 2025 MT 232, the Supreme Court of Montana affirmed the...

Single-Count Charging of Felony Theft by Common Scheme Permissible; Rowe Distinguished and Limited to Non-Cognizable “Common Scheme” Charges

Date: Oct 16, 2025

Single-Count Charging of Felony Theft by Common Scheme Permissible; Rowe Distinguished and Limited to Non-Cognizable “Common Scheme” Charges Introduction In State v. Wolfchild, 2025 MT 234N, the...

Nonprecedential Reaffirmation: Absolute Prosecutorial Immunity and Monell’s Policy-or-Custom Requirement Bar Malicious Prosecution and False Arrest Claims

Date: Oct 16, 2025

Nonprecedential Reaffirmation: Absolute Prosecutorial Immunity and Monell’s Policy-or-Custom Requirement Bar Malicious Prosecution and False Arrest Claims Introduction In Stone v. City of Livingston,...

Nonprecedential Clarifications on Civil Protective Orders: Counterman’s Criminal Mens Rea Is Inapplicable; Electronic, Sexualized Emails Can Constitute a “Course of Conduct” for Montana Stalking OOPs

Date: Oct 16, 2025

Nonprecedential Clarifications on Civil Protective Orders: Counterman’s Criminal Mens Rea Is Inapplicable; Electronic, Sexualized Emails Can Constitute a “Course of Conduct” for Montana Stalking OOPs...

No Precedent Set: Justice Wecht’s Dissent Urges Individualized Suspicion for Flight Plus Proximity to Marijuana Under Article I, Section 8

Date: Oct 16, 2025

No Precedent Set: Justice Wecht’s Dissent Urges Individualized Suspicion for Flight Plus Proximity to Marijuana Under Article I, Section 8 Introduction In Commonwealth v. Coles, E., Aplt., the...

Rule 26(a) Stipulations as Sufficient Basis for Adjudication When Children Are in the Parent’s Custody

Date: Oct 16, 2025

Rule 26(a) Stipulations as Sufficient Basis for Adjudication When Children Are in the Parent’s Custody Case: In re K.M. and L.M., No. 24-679 (W. Va. Oct. 14, 2025) — Supreme Court of Appeals of West...

Relapse and Non‑Engagement After Extended Improvement Periods Satisfy “No Reasonable Likelihood” Standard Under W. Va. Code § 49‑4‑604: Commentary on In re K.M. and L.M. (W. Va. 2025)

Date: Oct 16, 2025

Relapse and Non‑Engagement After Extended Improvement Periods Satisfy “No Reasonable Likelihood” Standard Under W. Va. Code § 49‑4‑604: Commentary on In re K.M. and L.M. (W. Va. 2025) Introduction In...

Representative, Not Minor Beneficiaries, Is the “Claimant Authorizing the Notice” under Tenn. Code Ann. § 29-26-121(a)(2)(B)

Date: Oct 16, 2025

Representative, Not Minor Beneficiaries, Is the “Claimant Authorizing the Notice” under Tenn. Code Ann. § 29-26-121(a)(2)(B) Introduction In Ashley Denson ex rel. Bobbie J. Denson v. Methodist...

Plain Meaning over Liberal Construction: Tennessee Supreme Court Defines “Unexpected” in Municipal PTSD Pension Policies and Clarifies UAPA Review of Non‑Contested Civil Service Decisions

Date: Oct 16, 2025

Plain Meaning over Liberal Construction: “Unexpected” Means Not Anticipated Within the Normal Course of Duties; UAPA Judicial Review Applies Even When the Administrative Hearing Is Not a Contested...

People v. James: In Bench Trials, Improper 404(b) Other‑Acts Evidence Is Not Harmless When the Factfinder Relies on It to Resolve a One‑on‑One Credibility Contest

Date: Oct 16, 2025

People v. James: In Bench Trials, Improper 404(b) Other‑Acts Evidence Is Not Harmless When the Factfinder Relies on It to Resolve a One‑on‑One Credibility Contest Court: Supreme Court of Michigan...

Relabeling Benefits as “Equity” Won’t Save a § 502(a)(3) Claim; § 105(a) Statements Need Not Include Vesting Date for Terminated Participants

Date: Oct 16, 2025

Relabeling Benefits as “Equity” Won’t Save a § 502(a)(3) Claim; § 105(a) Statements Need Not Include Vesting Date for Terminated Participants Court: United States Court of Appeals for the Third...

Adequacy of Foreign Forums After OSR v. REE: Uncertainty Over Extraterritorial Injunctions and Witness Self‑Incrimination Does Not Defeat Forum Non Conveniens

Date: Oct 16, 2025

Adequacy of Foreign Forums After OSR v. REE: Uncertainty Over Extraterritorial Injunctions and Witness Self‑Incrimination Does Not Defeat Forum Non Conveniens Introduction This commentary analyzes...

Tenth Circuit clarifies: No immediate appeal from a magistrate judge’s denial of IFP service pending § 1915(e)(2) screening; collateral-order, § 1292, and access-to-courts theories rejected

Date: Oct 16, 2025

Tenth Circuit clarifies: No immediate appeal from a magistrate judge’s denial of IFP service pending § 1915(e)(2) screening; collateral-order, § 1292, and access-to-courts theories rejected...

Drug Identity Is Not an Element of N.J. Stat. § 2C:35-5(b)(1): Second Circuit Bars the Modified Categorical Approach in Aggravated-Felony Removal

Date: Oct 16, 2025

Drug Identity Is Not an Element of N.J. Stat. § 2C:35-5(b)(1): Second Circuit Bars the Modified Categorical Approach in Aggravated-Felony Removal Case: Amaro Luna v. Bondi, No. 22-6399 (2d Cir. Oct....

Harmless-Error Controls § 1324 “Reckless Disregard” Instruction Disputes: United States v. Adames-Ramos (2d Cir. 2025)

Date: Oct 16, 2025

Harmless-Error Controls § 1324 “Reckless Disregard” Instruction Disputes: United States v. Adames-Ramos (2d Cir. 2025) Note: This is a Second Circuit Summary Order. Under FRAP 32.1 and Local Rule...

Eleventh Circuit Clarifies § 1927 Sanctions: Fees Must Be Tied to Excess Proceedings Caused by Bad-Faith Discovery Conduct—not Pleading Defects

Date: Oct 16, 2025

Eleventh Circuit Clarifies § 1927 Sanctions: Fees Must Be Tied to Excess Proceedings Caused by Bad-Faith Discovery Conduct—not Pleading Defects Introduction This commentary analyzes the Eleventh...

Conflicts Are Not Misappropriation: Eleventh Circuit Limits “Relate-To” Exclusions and Cabins Deemer Clauses to First‑Made Timing, Holding Duty to Defend Exists and Indemnity Is Unripe (Georgia Law)

Date: Oct 16, 2025

Conflicts Are Not Misappropriation: Eleventh Circuit Limits “Relate-To” Exclusions and Cabins Deemer Clauses to First‑Made Timing, Holding Duty to Defend Exists and Indemnity Is Unripe (Georgia Law)...

No Claim-Splitting Without Jurisdiction; One Nondiverse LLC Member Defeats Diversity — Eleventh Circuit’s Guidance in Sound Around, Inc. v. O’Donnell

Date: Oct 16, 2025

No Claim-Splitting Without Jurisdiction; One Nondiverse LLC Member Defeats Diversity — Eleventh Circuit’s Guidance in Sound Around, Inc. v. O’Donnell Introduction In these consolidated, unpublished,...

Claim-Splitting Cannot Bar a Second Suit When the First Lacked Jurisdiction; One Non‑Diverse LLC Member Ends Diversity on Limited Remand

Date: Oct 16, 2025

Claim-Splitting Cannot Bar a Second Suit When the First Lacked Jurisdiction; One Non‑Diverse LLC Member Ends Diversity on Limited Remand Introduction In a per curiam, unpublished opinion dated...

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