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  • Commentaries
  • Judgments

new-precedent-on... Case Commentaries

Hair Follicle Drug Testing, Improvement Period Compliance, and Termination of Parental Rights in West Virginia: Commentary on In re S.D.-1 and S.D.-2

Hair Follicle Drug Testing, Improvement Period Compliance, and Termination of Parental Rights in West Virginia: Commentary on In re S.D.-1 and S.D.-2

Date: Nov 5, 2025
Hair Follicle Drug Testing, Improvement Period Compliance, and Termination of Parental Rights in West Virginia: Commentary on In re S.D.-1 and S.D.-2 I. Introduction The memorandum decision of the...
Noncompliance with Improvement Period and Visitation as Evidence of No Reasonable Likelihood of Correction: Commentary on In re J.B. and A.B.

Noncompliance with Improvement Period and Visitation as Evidence of No Reasonable Likelihood of Correction: Commentary on In re J.B. and A.B.

Date: Nov 5, 2025
Noncompliance with Improvement Period and Visitation as Evidence of No Reasonable Likelihood of Correction: Commentary on In re J.B. and A.B. I. Introduction The Supreme Court of Appeals of West...
In re Z.S.: Termination of Parental Rights and Denial of Post-Termination Visitation for Noncompliance and Lack of Emotional Bond

In re Z.S.: Termination of Parental Rights and Denial of Post-Termination Visitation for Noncompliance and Lack of Emotional Bond

Date: Nov 5, 2025
In re Z.S.: Termination of Parental Rights and Denial of Post-Termination Visitation for Noncompliance and Lack of Emotional Bond I. Introduction The memorandum decision in In re Z.S., No. 24-655 (W....
Calculating Post‑Revocation Supervised Release Under W. Va. Code § 62‑12‑26(j): Commentary on State v. Brautigam

Calculating Post‑Revocation Supervised Release Under W. Va. Code § 62‑12‑26(j): Commentary on State v. Brautigam

Date: Nov 5, 2025
Calculating Post‑Revocation Supervised Release Under W. Va. Code § 62‑12‑26(j): Commentary on State v. Brautigam I. Introduction The Supreme Court of Appeals of West Virginia’s decision in State of...
Reaffirming Strict Standards for Improvement Periods and Termination Despite a Fit Co‑Parent: Commentary on In re B.B. (W. Va. 2025)

Reaffirming Strict Standards for Improvement Periods and Termination Despite a Fit Co‑Parent: Commentary on In re B.B. (W. Va. 2025)

Date: Nov 5, 2025
Reaffirming Strict Standards for Improvement Periods and Termination Despite a Fit Co‑Parent: Commentary on In re B.B. (W. Va. 2025) I. Introduction The Supreme Court of Appeals of West Virginia’s...
Failure to File a Family Case Plan as Non‑Structural Error and the Centrality of Parental Acknowledgment in Abuse‑and‑Neglect Dispositions: Commentary on In re K.F., W.W., and P.W.

Failure to File a Family Case Plan as Non‑Structural Error and the Centrality of Parental Acknowledgment in Abuse‑and‑Neglect Dispositions: Commentary on In re K.F., W.W., and P.W.

Date: Nov 5, 2025
Failure to File a Family Case Plan as Non‑Structural Error and the Centrality of Parental Acknowledgment in Abuse‑and‑Neglect Dispositions: Commentary on In re K.F., W.W., and P.W. I. Introduction...
In re K.B.: Noncustodial Parent’s Prolonged Non‑Contact and Non‑Support as Neglect under West Virginia Law

In re K.B.: Noncustodial Parent’s Prolonged Non‑Contact and Non‑Support as Neglect under West Virginia Law

Date: Nov 5, 2025
In re K.B.: Noncustodial Parent’s Prolonged Non‑Contact and Non‑Support as Neglect under West Virginia Law I. Introduction In In re K.B., No. 24-627 (Nov. 4, 2025), the Supreme Court of Appeals of...
Specific Findings and Statutorily Adequate Pleadings in West Virginia Child Abuse and Neglect Cases: Commentary on In re L.G., A.G.-1, M.G., and N.G.

Specific Findings and Statutorily Adequate Pleadings in West Virginia Child Abuse and Neglect Cases: Commentary on In re L.G., A.G.-1, M.G., and N.G.

Date: Nov 5, 2025
Specific Findings and Statutorily Adequate Pleadings in West Virginia Child Abuse and Neglect Cases: Commentary on In re L.G., A.G.-1, M.G., and N.G. I. Introduction The Supreme Court of Appeals of...
Post‑Enactment COLAs Are Not “Accrued Benefits” Under Article III, § 20(a): Camacho v. Settlement Fund (2025 MP 10)

Post‑Enactment COLAs Are Not “Accrued Benefits” Under Article III, § 20(a): Camacho v. Settlement Fund (2025 MP 10)

Date: Nov 4, 2025
Post‑Enactment COLAs Are Not “Accrued Benefits” Under Article III, § 20(a): Camacho v. Settlement Fund (2025 MP 10) Introduction In Camacho v. Settlement Fund, 2025 MP 10 (Nov. 3, 2025), the Supreme...
Illinois Supreme Court Requires Midtrial Directed‑Verdict Rulings Before the Defense Presents Evidence: People v. Johnson, 2025 IL 130447

Illinois Supreme Court Requires Midtrial Directed‑Verdict Rulings Before the Defense Presents Evidence: People v. Johnson, 2025 IL 130447

Date: Nov 4, 2025
Illinois Supreme Court Requires Midtrial Directed‑Verdict Rulings Before the Defense Presents Evidence: People v. Johnson, 2025 IL 130447 Introduction In People v. Johnson, 2025 IL 130447, the...
Fifth Circuit Limits NLRB Remedies to Equitable Relief Under NLRA §10(c), Rejecting Thryv’s “Foreseeable Harms” Damages

Fifth Circuit Limits NLRB Remedies to Equitable Relief Under NLRA §10(c), Rejecting Thryv’s “Foreseeable Harms” Damages

Date: Nov 4, 2025
Fifth Circuit Limits NLRB Remedies to Equitable Relief Under NLRA §10(c), Rejecting Thryv’s “Foreseeable Harms” Damages Introduction In Hiran Management v. NLRB, the U.S. Court of Appeals for the...
No Railway Labor Act Preemption and Validity of Union Member Claim Assignments: Commentary on The Boeing Company v. SWAPA

No Railway Labor Act Preemption and Validity of Union Member Claim Assignments: Commentary on The Boeing Company v. SWAPA

Date: Nov 4, 2025
No Railway Labor Act Preemption and Validity of Union Member Claim Assignments: Commentary on The Boeing Company v. Southwest Airlines Pilots Association I. Introduction In The Boeing Company v....
Animus Alone Is Not Enough: Third Circuit Reaffirms That Executive Land-Use Enforcement Must “Shock the Conscience” to Violate Substantive Due Process

Animus Alone Is Not Enough: Third Circuit Reaffirms That Executive Land-Use Enforcement Must “Shock the Conscience” to Violate Substantive Due Process

Date: Nov 3, 2025
Animus Alone Is Not Enough: Third Circuit Reaffirms That Executive Land-Use Enforcement Must “Shock the Conscience” to Violate Substantive Due Process Introduction In Codorun Farms Inc. v. West...
No Monell or Supervisory Liability Without a Predicate Constitutional Violation; Failure to Challenge an Independent Ground Forfeits the Appeal — Williams v. Luther (3d Cir. 2025)

No Monell or Supervisory Liability Without a Predicate Constitutional Violation; Failure to Challenge an Independent Ground Forfeits the Appeal — Williams v. Luther (3d Cir. 2025)

Date: Nov 3, 2025
No Monell or Supervisory Liability Without a Predicate Constitutional Violation; Failure to Challenge an Independent Ground Forfeits the Appeal — Williams v. Luther (3d Cir. 2025) Introduction This...
Prudential Ripeness for Permit-Cap Takings and Plat-Designated Greenbelts Outside Texas Strips-and-Gores: An In-Depth Commentary on Legacy Housing v. City of Horseshoe Bay (5th Cir. 2025)

Prudential Ripeness for Permit-Cap Takings and Plat-Designated Greenbelts Outside Texas Strips-and-Gores: An In-Depth Commentary on Legacy Housing v. City of Horseshoe Bay (5th Cir. 2025)

Date: Nov 3, 2025
Prudential Ripeness for Permit-Cap Takings and Plat-Designated Greenbelts Outside Texas Strips-and-Gores: Legacy Housing v. City of Horseshoe Bay Introduction In Legacy Housing Corporation v. City of...
No Standalone “Chilled-Speech” Claim: Fifth Circuit Reaffirms Adverse-Action Requirement for First Amendment Employment Retaliation and Recognizes Pre‑Enforcement Standing for Alleged Unwritten Campus Speech Codes

No Standalone “Chilled-Speech” Claim: Fifth Circuit Reaffirms Adverse-Action Requirement for First Amendment Employment Retaliation and Recognizes Pre‑Enforcement Standing for Alleged Unwritten Campus Speech Codes

Date: Nov 3, 2025
No Standalone “Chilled-Speech” Claim: Fifth Circuit Reaffirms Adverse-Action Requirement for First Amendment Employment Retaliation and Recognizes Pre‑Enforcement Standing for Alleged Unwritten...
No Civil Conspiracy Without an Independently Actionable Predicate; Interference with Parental Rights Requires Actual Removal from Custody

No Civil Conspiracy Without an Independently Actionable Predicate; Interference with Parental Rights Requires Actual Removal from Custody

Date: Nov 3, 2025
No Civil Conspiracy Without an Independently Actionable Predicate; Interference with Parental Rights Requires Actual Removal from Custody Case: Amy Kissinger-Stankevitz v. Town of Tappahannock, et...
Fourth Circuit Holds that a Principal Officer’s Ratification Cures Appointments Clause Defects in Rulemaking and Is Not Impermissibly Retroactive

Fourth Circuit Holds that a Principal Officer’s Ratification Cures Appointments Clause Defects in Rulemaking and Is Not Impermissibly Retroactive

Date: Nov 3, 2025
Fourth Circuit Holds that a Principal Officer’s Ratification Cures Appointments Clause Defects in Rulemaking and Is Not Impermissibly Retroactive Case: Eliza Wille v. Howard Lutnik (and related...
No More Boilerplate: Fourth Circuit Requires Meaningful Engagement with Country‑Conditions Evidence in Gender‑Based Asylum and CAT Claims

No More Boilerplate: Fourth Circuit Requires Meaningful Engagement with Country‑Conditions Evidence in Gender‑Based Asylum and CAT Claims

Date: Nov 3, 2025
No More Boilerplate: Fourth Circuit Requires Meaningful Engagement with Country‑Conditions Evidence in Gender‑Based Asylum and CAT Claims Introduction In Reyna Alfaro‑Zelaya v. Bondi, the Fourth...
United States v. Cuellar: Fourth Circuit Reaffirms Co‑Conspirator Drug Quantity Attribution and the Presumption of Reasonableness for Below‑Guidelines Sentences

United States v. Cuellar: Fourth Circuit Reaffirms Co‑Conspirator Drug Quantity Attribution and the Presumption of Reasonableness for Below‑Guidelines Sentences

Date: Nov 3, 2025
United States v. Cuellar: Fourth Circuit Reaffirms Co‑Conspirator Drug Quantity Attribution and the Presumption of Reasonableness for Below‑Guidelines Sentences Court: United States Court of Appeals...
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