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  • Commentaries
  • Judgments

new-precedent-on... Case Commentaries

Without an Applicant, No De Novo Appeal: Non‑Applicant Standing to Challenge Vermont Environmental Permit Denials after In re Lake Bomoseen

Without an Applicant, No De Novo Appeal: Non‑Applicant Standing to Challenge Vermont Environmental Permit Denials after In re Lake Bomoseen

Date: Nov 8, 2025
Without an Applicant, No De Novo Appeal: Non‑Applicant Standing to Challenge Vermont Environmental Permit Denials after In re Lake Bomoseen Association and Lake Bomoseen Preservation Trust Denial 1....
Expanding “Aggravated Circumstances” and Confirming Broad Admissibility of Forensic Psychological Evaluations in West Virginia Abuse and Neglect Proceedings: Commentary on In re B.P., A.H.-1, and E.H.

Expanding “Aggravated Circumstances” and Confirming Broad Admissibility of Forensic Psychological Evaluations in West Virginia Abuse and Neglect Proceedings: Commentary on In re B.P., A.H.-1, and E.H.

Date: Nov 8, 2025
Expanding “Aggravated Circumstances” and Confirming Broad Admissibility of Forensic Psychological Evaluations in West Virginia Abuse and Neglect Proceedings Commentary on In re B.P., A.H.-1, and...
Stagnation, Reasonable Time, and Burden of Proof in Vermont Termination of Parental Rights Proceedings: Commentary on In re N.H., N.H., N.H., N.H. (2025)

Stagnation, Reasonable Time, and Burden of Proof in Vermont Termination of Parental Rights Proceedings: Commentary on In re N.H., N.H., N.H., N.H. (2025)

Date: Nov 8, 2025
Stagnation, Reasonable Time, and Burden of Proof in Vermont Termination of Parental Rights Proceedings Commentary on In re N.H., N.H., N.H., N.H., Juveniles (S.C., Mother), 25-AP-176 (Vt. Nov. 7,...
Timely Notice and Hedrick Factors in Bail Bond Forfeiture: Commentary on State v. Wooten

Timely Notice and Hedrick Factors in Bail Bond Forfeiture: Commentary on State v. Wooten

Date: Nov 8, 2025
Timely Notice as a Decisive Hedrick Factor in Bail Bond Forfeiture: Commentary on State of West Virginia v. Larry Glenn Wooten I. Introduction This memorandum decision of the Supreme Court of Appeals...
Limits on Former Judges as Expert Witnesses and the Rule 702 “Helpfulness” Requirement in Informal-Marriage Cases: Commentary on In re Estate of Guadalupe Lopez, Sr.

Limits on Former Judges as Expert Witnesses and the Rule 702 “Helpfulness” Requirement in Informal-Marriage Cases: Commentary on In re Estate of Guadalupe Lopez, Sr.

Date: Nov 8, 2025
Limits on Former Judges as Expert Witnesses and the Rule 702 “Helpfulness” Requirement in Informal-Marriage Cases: Commentary on In re Estate of Guadalupe Lopez, Sr. I. Introduction The Supreme Court...
Timely Amendments under the Alabama Medical Liability Act: Ex parte Steven M. Taylor, M.D.

Timely Amendments under the Alabama Medical Liability Act: Ex parte Steven M. Taylor, M.D.

Date: Nov 8, 2025
Timely Amendments under the Alabama Medical Liability Act: Integrating Rule 15(a) with § 6‑5‑551 I. Introduction The Supreme Court of Alabama’s decision in Ex parte Steven M. Taylor, M.D. (Nov. 7,...
The Breadth of Relevance Under Vermont Rule of Evidence 401 in Sexual-Assault Prosecutions: Commentary on State v. Barratt

The Breadth of Relevance Under Vermont Rule of Evidence 401 in Sexual-Assault Prosecutions: Commentary on State v. Barratt

Date: Nov 8, 2025
The Breadth of Relevance Under Vermont Rule of Evidence 401 in Sexual-Assault Prosecutions: Commentary on State v. Barratt I. Introduction State of Vermont v. Travis Barratt, No. 25-AP-034 (Vt. Nov....
No Liberty Interest in Routine Access to Police Facilities: Commentary on Rivard v. Town of Brattleboro (Vt. 2025, Three‑Justice Entry Order)

No Liberty Interest in Routine Access to Police Facilities: Commentary on Rivard v. Town of Brattleboro (Vt. 2025, Three‑Justice Entry Order)

Date: Nov 8, 2025
No Liberty Interest in Routine Access to Police Facilities: Commentary on Rivard v. Town of Brattleboro (Vt. 2025, Three‑Justice Entry Order) I. Introduction This commentary examines the Vermont...
Proportionality, Not Nominal Prevailing Status, Controls Contractual Fee Awards Under New Jersey Law: Third Circuit Affirms $0 Fee Award in Miller Act Subcontract Dispute

Proportionality, Not Nominal Prevailing Status, Controls Contractual Fee Awards Under New Jersey Law: Third Circuit Affirms $0 Fee Award in Miller Act Subcontract Dispute

Date: Nov 7, 2025
Proportionality, Not Nominal Prevailing Status, Controls Contractual Fee Awards Under New Jersey Law: Third Circuit Affirms $0 Fee Award in Miller Act Subcontract Dispute Introduction In United...
Treatment Noncompliance and Post‑Release Disclosures Can Justify Tailored Internet, Contact, and Pornography Restrictions on Supervised Release (Non‑Precedential) — United States v. Coy Klinger (3d Cir. 2025)

Treatment Noncompliance and Post‑Release Disclosures Can Justify Tailored Internet, Contact, and Pornography Restrictions on Supervised Release (Non‑Precedential) — United States v. Coy Klinger (3d Cir. 2025)

Date: Nov 7, 2025
Treatment Noncompliance and Post‑Release Disclosures Can Justify Tailored Internet, Contact, and Pornography Restrictions on Supervised Release Case: United States v. Coy Christopher Klinger, No....
Open‑Court Compromise in a Possessory Action Bars Later Petitory Action: Fifth Circuit Affirms Res Judicata Effect of Settlement Resolving “Possession and Ownership”

Open‑Court Compromise in a Possessory Action Bars Later Petitory Action: Fifth Circuit Affirms Res Judicata Effect of Settlement Resolving “Possession and Ownership”

Date: Nov 7, 2025
Open‑Court Compromise in a Possessory Action Bars Later Petitory Action: Fifth Circuit Affirms Res Judicata Effect of Settlement Resolving “Possession and Ownership” Introduction In Coupel v. Kfoury,...
Continuous-Encounter Excessive-Force Analysis After Barnes: Fifth Circuit Emphasizes Video Evidence and Prior Resistance in Qualified Immunity (Johnson v. Smith)

Continuous-Encounter Excessive-Force Analysis After Barnes: Fifth Circuit Emphasizes Video Evidence and Prior Resistance in Qualified Immunity (Johnson v. Smith)

Date: Nov 7, 2025
Continuous-Encounter Excessive-Force Analysis After Barnes: Fifth Circuit Emphasizes Video Evidence and Prior Resistance in Qualified Immunity Introduction In Johnson v. Smith, No. 24-30791 (5th Cir....
Nonpayment Does Not Strip FLSA Exempt Status; At‑Will Employment Supports Texas Breach Claims; Quasi‑Contract Remedies Can Be Pleaded in the Alternative

Nonpayment Does Not Strip FLSA Exempt Status; At‑Will Employment Supports Texas Breach Claims; Quasi‑Contract Remedies Can Be Pleaded in the Alternative

Date: Nov 7, 2025
Nonpayment Does Not Strip FLSA Exempt Status; At‑Will Employment Supports Texas Breach Claims; Quasi‑Contract Remedies Can Be Pleaded in the Alternative Introduction This commentary analyzes the...
Eleventh Amendment Dismissals Must Be Without Prejudice; Conclusory Pleadings Cannot Sustain Claims Against State Officials — Commentary on Preziosi v. Louisiana DCFS (5th Cir. 2025)

Eleventh Amendment Dismissals Must Be Without Prejudice; Conclusory Pleadings Cannot Sustain Claims Against State Officials — Commentary on Preziosi v. Louisiana DCFS (5th Cir. 2025)

Date: Nov 7, 2025
Eleventh Amendment Dismissals Must Be Without Prejudice; Conclusory Pleadings Cannot Sustain Claims Against State Officials — Commentary on Preziosi v. Louisiana DCFS (5th Cir. 2025) Introduction In...
Equitable Tolling After State-Court Vacatur: Fifth Circuit Clarifies That Petitioners Must Show Specific, Pre‑Vacatur Diligence to Reopen Removal Proceedings

Equitable Tolling After State-Court Vacatur: Fifth Circuit Clarifies That Petitioners Must Show Specific, Pre‑Vacatur Diligence to Reopen Removal Proceedings

Date: Nov 7, 2025
Equitable Tolling After State-Court Vacatur: Fifth Circuit Clarifies That Petitioners Must Show Specific, Pre‑Vacatur Diligence to Reopen Removal Proceedings Introduction In Rosa Arevalo v. Bondi,...
Equitable Tolling Demands Documented, Pre-Discovery Diligence—Vacated Conviction Alone Does Not Excuse a 19-Year Delay (Rosa Arevalo v. Bondi, 5th Cir. 2025)

Equitable Tolling Demands Documented, Pre-Discovery Diligence—Vacated Conviction Alone Does Not Excuse a 19-Year Delay (Rosa Arevalo v. Bondi, 5th Cir. 2025)

Date: Nov 7, 2025
Equitable Tolling Demands Documented, Pre-Discovery Diligence—Vacated Conviction Alone Does Not Excuse a 19-Year Delay Commentary on Rosa Arevalo v. Bondi (5th Cir. Nov. 5, 2025) Introduction In Rosa...
The No‑Loss Rule for Form Violations at Summary Judgment: Fifth Circuit Limits Enforcement of Judge‑Specific Footnote Citation Bans

The No‑Loss Rule for Form Violations at Summary Judgment: Fifth Circuit Limits Enforcement of Judge‑Specific Footnote Citation Bans

Date: Nov 7, 2025
The No‑Loss Rule for Form Violations at Summary Judgment: Fifth Circuit Limits Enforcement of Judge‑Specific Footnote Citation Bans Introduction In Washington v. Edwards Lifesciences, No. 25-10357...
Fork-in-the-Road under Revised La. C.C.P. art. 3653: Courts Must Choose Between Paragraph (A)(1) and (A)(2) Based on Defendant’s Possession — Commentary on Winans v. McKay (5th Cir. 2025)

Fork-in-the-Road under Revised La. C.C.P. art. 3653: Courts Must Choose Between Paragraph (A)(1) and (A)(2) Based on Defendant’s Possession — Commentary on Winans v. McKay (5th Cir. 2025)

Date: Nov 7, 2025
Fork-in-the-Road under Revised La. C.C.P. art. 3653: Courts Must Choose Between Paragraph (A)(1) and (A)(2) Based on Defendant’s Possession — Commentary on Winans v. McKay (5th Cir. 2025)...
Aggregation Controls FSA Credits: Any Disqualifying Conviction Bars First Step Act Time Credits for the Entire Aggregate Term (Bonnie v. Dunbar, 4th Cir. 2025)

Aggregation Controls FSA Credits: Any Disqualifying Conviction Bars First Step Act Time Credits for the Entire Aggregate Term (Bonnie v. Dunbar, 4th Cir. 2025)

Date: Nov 7, 2025
Aggregation Controls FSA Credits: Any Disqualifying Conviction Bars First Step Act Time Credits for the Entire Aggregate Term Commentary on Gregory Allen Bonnie v. Warden Dunbar, No. 24-6665 (4th...
Post‑Hoc Alternative Grounds Do Not Cure Fabrications: Fourth Circuit Affirms Frivolous Asylum Finding and Demands Individualized Proof for Withholding/CAT Remands

Post‑Hoc Alternative Grounds Do Not Cure Fabrications: Fourth Circuit Affirms Frivolous Asylum Finding and Demands Individualized Proof for Withholding/CAT Remands

Date: Nov 7, 2025
Post‑Hoc Alternative Grounds Do Not Cure Fabrications: Fourth Circuit Affirms Frivolous Asylum Finding and Demands Individualized Proof for Withholding/CAT Remands Case: Gurwinder Singh v. Pamela Jo...
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