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NEPA’s “Manageable Line,” § 2.55(b) Replacements, and Rolled‑In Rate Predeterminations: The Fifth Circuit’s Framework in State of Washington v. FERC (GTN Xpress) Introduction In State of Washington...
Fifth Circuit Holds § 2422(b) “Sexual Activity” Includes Nonphysical Conduct, Affirming Attempted Coercion to Produce Lascivious Images Introduction United States v. Jimenez, No. 24-40703 (5th Cir....
Order-by-Order CSA Compliance and Monetary Abatement: Fourth Circuit Holds Opioid Distribution Can Constitute a Public Nuisance Under West Virginia Law Case: City of Huntington, West Virginia &...
West Virginia Public Nuisance Law Embraces Opioid Distribution Claims and Permits Monetary Abatement: City of Huntington v. AmerisourceBergen (4th Cir. 2025) Introduction In City of Huntington, West...
The “Middle Ground” Standard for Medical Rebuttal: Fourth Circuit Upholds ALJ’s Use of the 2000 Preamble as Guidance and Requires Individualized, Literature-Grounded Expert Opinions in Black Lung...
No Advisory Opinions After Supervision Ends; PLRA Screenings Must Distinguish Absolute vs. Qualified Immunity and Substantive vs. Procedural Due Process Crowder v. Herman, No. 24-6674 (4th Cir. Oct....
Initial Arraignment Is the Sole Trigger for Automatic Judicial Substitution in Montana Criminal Cases Introduction In Caye v. Twentieth Judicial District Court (2025 MT 246), the Supreme Court of...
Basque (Mont. 2025): Denial of Venue Change in Parenting-Plan Enforcement Under Ends-of-Justice and Continuing Jurisdiction (Noncitable) Introduction In In re the Marriage of Basque, 2025 MT 247N,...
No Lesser-Included: Destruction of a Communication Device Is Not a Lesser-Included Offense of Evidence Tampering Case: State v. Taylor Jean Carlson, 2025 MT 245 (Mont. Oct. 28, 2025) Court: Supreme...
Defective Zoning Appeals Are Not Jurisdictional and the “Fairly Debatable” Standard Reaffirmed: Commentary on Elliott Land Developments v. Jackson County Board of Supervisors I. Introduction The...
Intent, Guns, and Attempted Aggravated Assault: The Mississippi Supreme Court Disavows the “Actual, Unequivocal Intent” Standard in Jones v. State I. Introduction The Supreme Court of Mississippi’s...
Lakeland Premier Women’s Clinic v. Jackson: Strict Limits on Rule 56(f) Extensions and the Expert Affidavit Requirement in Mississippi Medical Malpractice Cases I. Introduction A. The Parties and the...
People v. Steinhauser: Minister-of-Justice Aggravation, Dominant Victim-Vulnerability Weighting, and a Split-Suspension Model Allowing Reinstatement by Motion Despite a “One Year and a Day” Term...
Circumstantial Evidence, Trial-Court Deference, and Civil Forfeiture: The Significance of Rae Young Chung v. State ex rel. Brandon Police Department I. Introduction In Rae Young Chung v. State of...
Court-Set Deadlines Govern Motions to Dismiss (Including Stand Your Ground) with Good-Cause/Fundamental Exceptions: Comprehensive Amendments to Florida Rule of Criminal Procedure 3.190 Introduction...
Second Circuit Reaffirms Strict Rule 8 Enforcement and Accepts COVID-19 Testing as Reasonable Religious Accommodation (Nonprecedential) Case: Johnson v. Starwood Hotels & Resorts Worldwide, LLC...
Second Circuit Clarifies Revocation Sentencing: Undisputed Probation Facts and Similarity to Prior Offense Can Support an Upward Variance; Retribution for the Underlying Conviction Remains Off-Limits...
Insurrection Under War-Risk Policies Includes Acts by a De Facto Regime Against the U.S.-Recognized Government; “Arising From” Requires But-For Causation Introduction In CITGO Petroleum Corp. v....
Reiterated Objections Require De Novo Review: The Second Circuit Clarifies “Proper Objections” to Magistrate Judge R&Rs in Nambiar v. The Central Orthopedic Group, LLP Introduction In this...