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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 Guesswork Under Rule 1006 and “Why” Matters in Concealment Laundering: The Fifth Circuit’s Multifaceted Ruling in United States v. McGuire Introduction In United States v. McGuire (consolidated...
Rule 1006 Cannot Be Used To “Backfill” Missing Drug Quantities With Averages: Fifth Circuit Polices Summary Charts, Narrows Concealment Laundering, and Applies Harmless Error to CCE Indictments...
Designation Is for the Judge, Not the Jury, and Combatant Immunity Stops at War Crimes: Commentary on United States v. Wadi (5th Cir. 2025) Introduction In United States v. Wadi, the Fifth Circuit...
“Assumption Is Not Evidence”: Fifth Circuit Tightens the Nexus Requirement for Residential Search Warrants and Limits Good‑Faith Reliance for Portable Firearms Evidence Commentary on United States v....
Tenth Circuit Adopts Two‑Step “Genuinely Responsive to Safety” Test and Holds Delay Can Defeat Irreparable Harm in FAAAA/ADA Preemption Disputes Introduction In Colorado Motor Carriers Association v....
“Groupthink Is Not Actual Malice”: Eleventh Circuit Clarifies the Evidentiary Threshold for Public-Figure Defamation in Dershowitz v. CNN Introduction In Alan M. Dershowitz v. Cable News Network,...
Seventh Circuit Signals Recognition of ADEA Hostile Work Environment Claims, but Affirms for Lack of Age-Based Evidence Introduction In Tanya Blumenshine v. Bloomington School District No. 87, the...
Tenth Circuit Adopts Two‑Step Safety-Exception Test Under the FAAAA/ADA and Affirms That Delay Can Defeat Irreparable Harm: Colorado Motor Carriers Association v. Town of Vail Introduction This...
Broadening the FAAAA Safety Exception: Tenth Circuit Adopts a Two‑Step “Genuinely Responsive” Test and Affirms that Delay Can Defeat Irreparable Harm Introduction In Colorado Motor Carriers...
Narrowing the “Ignored Evidence” Doctrine and Clarifying Post‑Wilkinson Review: First Circuit in Ortiz Trejo v. Bondi on Exceptional Hardship and BIA’s Evidence Review Introduction In Ortiz Trejo v....
People v. Lesson: Non‑elemental Pleading Discrepancies in Waiver/SCI Are Not Jurisdictional; Third‑Degree Burglary Is a Lesser‑Included of Second‑Degree (Dwelling), Allowing an SCI with General...
Benda v. Sole: Written Certification Under § 42-361.01 Is Not Jurisdictional; Legal Separation Decrees Are Final and Preclusive Introduction In Benda v. Sole, 319 Neb. 745 (Neb. Aug. 29, 2025), the...
Matter of Spaeth: New York Outlaws Venmo/Zelle and Other Third‑Party Electronic Transfers From Attorney Escrow Accounts; Pandemic Hardships Do Not Excuse Misappropriation Introduction In Matter of...
No Blanket Consent Searches as a Standard Probation Term: First Department Requires an Individualized, Offense-Related Nexus (People v. Andrus, 2025) Introduction In People v. Andrus (2025 NY Slip Op...
Veil Piercing Without Fraud: New York First Department Holds Daily Cash Sweeps and Post‑Suit Dissolution Constitute “Wrong” for Alter‑Ego Liability Case: Rich v. J.A. Madison, LLC, 2025 NY Slip Op...
Cross‑Study “Establishment” Claims: Third Circuit Clarifies That Side‑by‑Side Superiority Messaging Is Literally False Absent Reliable Comparability—and That Damages Still Require Proof of Actual...
Preponderance Standard Governs LUC Boundary Interpretations; Declaratory Orders Limited to Resolving Map Uncertainty Introduction In Honoipu Hideaway, LLC v. State (Supreme Court of Hawaiʻi, August...
“Private Place” Need Not Be Defined in the Indictment; Courts May Consider Extrinsic Information to Assess Notice on Timely Challenges — State v. Kaakimaka (Haw. 2025) Introduction In State v....
Cross‑Study “Establishment” Claims in Scientific Advertising: Literal Falsity by Necessary Implication Absent Proven Comparability, and No Lanham Act Damages Without Proof of Actual Deception Case:...