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protected-advice-at-life’s-end:-seventh-circuit-holds-indiana’s-funeral-licensing-ban-on-death-doula-counseling-fails-even-under-intermediate-scrutiny—and-consent-orders-don’t-waive-federal-rights Case Commentaries
No Third-Party Dissemination and Self-Imposed Decisions Do Not Create Article III Standing in FCRA Disputes Introduction In Lashonda Peeples v. National Data Research, Inc. (d.b.a. Integrascan), No....
United States v. Medina: First Circuit Clarifies Permissible Use of Generic Interstate Commerce Examples in Jury Instructions and Affirms Narrow Application of the Excited Utterance Exception...
Diagnosis-Based Exclusions for Gender-Affirming Surgery Are Not Facially Sex Discrimination Under Title VII: The Eleventh Circuit’s En Banc Decision in Lange v. Houston County Introduction This en...
“Adequately Supply” Means Quantity-Ambiguous, Not Quality-Certain: First Circuit Narrows Failure‑to‑Supply Limitations and Affirms Broad Duty to Defend for Reckless Product Decisions Introduction In...
No Shortcuts to Sovereign Immunity: Nebraska Supreme Court Requires a Developed Record Before Applying PSTCA Due Care or Discretionary Function Immunity at the Pleadings Stage Introduction In Larsen...
Permanent Waiver of Statutory Speedy-Trial Rights After an Unsuccessful Discharge Motion and Interlocutory Appeal: State v. Parks (319 Neb. 773) Introduction In State v. Parks, 319 Neb. 773 (Neb....
Post‑Offer Interest Applies to Punitive Damages; “Genuine Dispute” Folded into Nevada Bad‑Faith Standard and May Defeat Refusal‑to‑Defend Claims; Unfair Insurance Practices Liability Limited to...
Mandatory Forfeiture of Unlicensed Food-Vending Vehicles Triggers Excessive Fines Scrutiny: City of New York v. Jones (2025) Introduction City of New York v. Jones (2025 NY Slip Op 04842) is a...
Defective Dolly + Heavy Load = Scaffold Law Liability Hernandez v. Port Authority of N.Y. & N.J. (2025 NY Slip Op 04843) Introduction In Hernandez v. Port Authority of N.Y. & N.J., the Appellate...
Usury as Malpractice: Drafting Facially Usurious Forbearance Terms Is Negligence; Estoppel Does Not Cure, but Mitigation Fees Are Recoverable Case: Salamone v. Deily & Glastetter, LLP, 2025 NY Slip...
“Spam Folder” Is Not a Defense: Email Notice, EUO Admissions, and Noncompliance as Independent Bases for Interim Suspension under 22 NYCRR § 1240.9 — Matter of Wells (2025) Introduction In Matter of...
“Applying Means Applying”: Washington Supreme Court Holds No “Bona Fide” Intent Required to Be a “Job Applicant” Under the EPOA’s Pay-Transparency Remedies Introduction In Branson v. Washington Fine...
Polygraph Results Offered to Bolster Credibility Fail Rule 702 and Cannot Establish Strickland Prejudice Commentary on Randall Bruce Morris v. The State of Wyoming (2025 WY 98) Introduction In 2025...
The Jury Is the Lie Detector: Wyoming Supreme Court Rejects Polygraph-Based Ineffective Assistance Claim Under Rule 702 and Daubert Introduction In Randall Bruce Morris v. The State of Wyoming (2025...
Finality of Partial Acquittals and Limits on Mistrials After Jury Polling: The South Carolina Supreme Court’s Double-Jeopardy Blueprint in State v. Erb (2025) Introduction In State v. John Joseph...
Mere Noncompliance with a Custody Order Is Not a Material Change Absent Demonstrable Impact on the Child’s Welfare: Cornell v. Mecartney (2025 WY 97) Introduction In Kelly Cornell f/k/a Kelly Cornell...
Ancillary Evidence Does Not Reset the Rule 3.851 Clock: Florida Supreme Court Clarifies “Predicate Facts,” Due Diligence, and Third‑Party Confession Standards in Suggs v. State Introduction This...
No Presumption from Criminal Stand‑Your‑Ground Immunity: Alabama Supreme Court Reaffirms Rule 56 Burdens in Subsequent Civil Cases Introduction In Arethea Hurbert, an incompetent person, by and...
Forecasting Complications Is Expert Testimony: Mississippi Supreme Court Clarifies the Lay–Expert Boundary for Treating Physicians Introduction In Sapireya (a/k/a Saperiya) Smith v. State of...