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Clarification of the "Exceptional and Extremely Unusual Hardship" Standard in Cancellation of Removal Proceedings Introduction Homero Trejo-Juarez v. Pamela Bondi, decided by the United States Court...
Qualified Immunity for Law Enforcement Facing Furtive Movements: Objective Reasonableness Clarified in Benton v. Layton Introduction In LaToya Benton v. Seth Layton, 23-1680 (4th Cir. June 3, 2025),...
Nonreviewability of USCIS Adjudication Hold Policy under INA § 1252(a)(2)(B)(ii) Introduction In Lolakshi Kale v. Angelica Alfonso-Royals, 4th Cir. No. 23-1799 (June 3, 2025), the Fourth Circuit...
Functional-Scheme Requirement for CSRA Jurisdiction Stripping in Pre-Enforcement Challenges Introduction This commentary addresses the Fourth Circuit’s decision in National Association of Immigration...
Enforceability of Contractual Class-Action Waivers in MDL Proceedings Introduction In Peter Maldini et al. v. Accenture LLP, 4th Cir. (June 3, 2025), the Fourth Circuit addressed for the second time...
Enforceability of Contractual Class-Action Waivers in MDL Proceedings: Peter Maldini v. Marriott International Introduction In Peter Maldini v. Marriott International, Incorporated (4th Cir. June 3,...
The Fourth Circuit Refines Constructive Amendment Doctrine: No Reversal for Stray Oral Jury Misstatements Corrected in Writing Introduction United States v. Brayan Contreras-Avalos (Fourth Circuit,...
United States v. Jacome: Limits on Constructive Amendments in VICAR Jury Instructions 1. Introduction United States v. Jairo Arnaldo Jacome (Fourth Circuit, June 3, 2025) arises from a...
Correction in Written Jury Instructions Cures Oral Misstatements: No Fatal Variance Introduction This case arises from the consolidated appeals of three MS-13 gang members—Brayan Alexander...
Unambiguous Plat Dedications: Private Rights of Way Preclude Extrinsic Evidence Introduction In Arthur Behm v. John Ketchum and the Matanuska-Susitna Borough (Supreme Court No. S-18872, June 4,...
Reaffirmation of Substantial-Change and Procedural Compliance in Child Custody Modifications Introduction In Edward H. v. Sarah B., No. S-19072 (Alaska Sup. Ct. June 4, 2025), the Alaska Supreme...
Dram Shop Immunity Extends to Non-Serving Entities and Limits Restatement §324A Liability Introduction Barnes v. Hooper and Harrington Raceway, Inc. d/b/a Harrington Raceway & Casino is a landmark...
No Duty of West Virginia DHS to Fund Services for Children under Private Guardianship Absent Statutory Authority Introduction State ex rel. West Virginia Department of Human Services v. The Honorable...
Clarification of Rule 52(c) Judgment as a Matter of Law and Attorneys’ Fees Under § 9-1-45 Introduction Cashman Equipment Corporation, Inc. v. Cardi Corporation, Inc. (2025) is a landmark Rhode...
New Rule: Construction Liens Limited to Debts Directly Benefiting the Encumbered Property Introduction The Indiana Supreme Court’s decision in EdgeRock Development, LLC, et al. v. C.H. Garmong & Son...
Clarifying Maintenance Expenditures under §25-13-802: Exclusion of Personal Property Cleanup Costs in Redemption Actions Introduction This memorandum opinion arises from a long-running feud over a...
Compelling Administrative Action: Mandamus to Enforce Board’s Duty to Review Petroleum Tank Cleanup Claims Introduction Cascade County v. Montana Petroleum Tank Release Compensation Board (2025 MT...
Estate of Neal v. Eighth Judicial District Court: Limiting Probate Notice to “Good Cause” under § 72-1-301(2), MCA Introduction In Estate of Neal v. Eighth Judicial District Court, 2025 MT __, the...
Defining Supervisory Control: Limits and Criteria in Montana Appellate Procedure Introduction This commentary examines the Supreme Court of Montana’s Order in Jing v. 13th Judicial District Court, OP...
Independent Termination of Parental Rights Under MCA §41-3-609 Introduction This commentary examines the Supreme Court of Montana’s decision in Matter of B.J.B., YINC (2025 MT 116), which clarifies...