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The Counsil Standard: Interpreting Pretrial Scheduling Orders and Reconsideration Rights Introduction This commentary examines the Supreme Court of Nevada’s decision in Counsil (Joshua) v. State,...
Waiver of As-Applied Free Exercise Claims in Successive Appeals: Lukaszczyk v. Cook County Introduction In Barbara Lukaszczyk et al. v. Cook County, Illinois, the Seventh Circuit addressed whether...
Contract Formation by Conduct in the Battle of the Forms BorgWarner PDS Irapuato S. de R.L. de C.V. v. Parker Hannifin Corp. Introduction This case arises from a supply-contract dispute between...
Establishing the Framework for Intent Evidence in First-Degree Murder: State v. Byram Introduction The Supreme Court of New Mexico’s decision in State v. Byram, filed May 19, 2025 (No. S-1-SC-40149),...
Defining “Reasonable Time” For Rule 60(b)(6) Motions in Capital Habeas Cases: Ritchie v. Neal Introduction Benjamin Ritchie v. Ron Neal presents a late-stage attempt by a death-row inmate to reopen...
Criminal Negligence as Mens Rea for Unlawful Operation under RSA 263:64, V-a Introduction This commentary examines the Supreme Court of New Hampshire’s decision in State v. Warren, 2025 N.H. 21,...
Greater Right to Possession of Seized Funds under Iowa Code §809.5: Bitcoin Depot v. Carlson Introduction In In the Matter of Property Seized for Forfeiture from Bitcoin Depot Operating, LLC v....
Tactical Waiver of Post-Plea Challenges Based on Intervening Precedent Bars Appellate Review 1. Introduction United States v. Ray is a Second Circuit summary order issued on May 16, 2025. The...
Prohibition Against Delegation of Device Restrictions to Probation: United States v. Mayhew Introduction In United States v. Mayhew, 22-1704-cr (2d Cir. May 16, 2025), Michael Mayhew pled guilty to...
United States v. Bimbow: Clarifying Probable Cause for the Automobile Exception and Independent Source Doctrine Introduction In United States v. Bimbow (2d Cir. May 16, 2025), the Second Circuit...
Clarification of Interlocutory Appeal Jurisdiction and Standards for Preliminary Injunctions and Anonymity Motions in Prisoners’ §1983 Actions Introduction In Sloley v. NYS DOCCS, 24-662-cv (2d Cir....
Reaffirming the Rigorous Application of Adverse Credibility Standards under 8 U.S.C. §1158(b)(1)(B)(iii) Introduction Singh v. Bondi, 23-6358 (2d Cir. May 16, 2025) presents the petition for review...
Affirmation of the PSLRA Safe Harbor and Rigorous Scienter Standards in Securities Litigation Introduction In Mangrove Partners Fund, Ltd. v. Bristol-Myers Squibb Co., 24-826 (2d Cir. May 16, 2025),...
“Reasonable Notice to Seek Habeas Relief” – The Supreme Court’s New Due-Process Standard for Alien Enemies Act Removals Introduction A.A.R.P. v. Trump, 605 U.S. ___ (2025), marks the Supreme Court’s...
Clarifying the Scope of the Manifest Injustice Exception in Vermont Zoning Appeals Introduction In In re Guillemette ZA Determination Appeal (2025 VT 25), Anne and Mark Guillemette (landowners)...
Judicial Notice of Prior Convictions and Illegal Sentence Remand in State v. Gale Introduction The Supreme Court of Iowa’s decision in State of Iowa v. Vanessa Renae Gale (No. 23-1786, filed May 16,...
Enforcement of Appellate Waivers Under Rule 11(b)(1)(N): United States v. Landa Introduction The Second Circuit’s summary order in United States v. Landa, No. 24-1307-cr (2d Cir. May 16, 2025),...
Inquiry Notice and Reasonable Diligence Under CPLR 213(8): Poulard v. Delphin Introduction Poulard v. Delphin is a summary order issued by the United States Court of Appeals for the Second Circuit on...
Eleventh Circuit Holds State Custody of Unclaimed Property May Constitute a Per Se Fifth Amendment Taking Introduction In Alieda Maron v. Chief Financial Officer of Florida (No. 23-13178, 11th Cir....
Limiting ADA Waivers of High School Sports Eligibility: But-For Causation and Fundamental Alteration in Doe v. Rhode Island Interscholastic League Introduction The First Circuit’s decision in Doe v....