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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
Direct-Causation Test for LLC Member Expulsion and a Strict, Less-Than-Impossible Standard for Judicial Dissolution in Virginia Introduction In Ticonderoga Farms, LLC v. Knop, the Supreme Court of...
Res Judicata Bars Prohibition Actions Against the Adult Parole Authority Based on Previously Litigated or Litigable Attacks on Nunc Pro Tunc Sentencing Entries Introduction In State ex rel. Norris v....
Bad-Faith Insurance Claims Are Presumptively Arbitrable Under Broad Policy Clauses When the Claim Cannot Be Maintained Without Reference to the Policy or Insurer–Insured Relationship Introduction In...
Silent Counts Are Illegal: Oral Pronouncement Required for Each Count at Probation Revocation; Collateral Challenges to Convictions Must Proceed via Postconviction Relief — State v. Miller, 2025 ND...
Matter of Cavalier: Second Department Clarifies That Chronic Escrow Misuse and Commingling—Even Without Client Loss—Warrants a Two‑Year Suspension Introduction In Matter of Cavalier (2025 NY Slip Op...
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 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” Introduction In Coupel v. Kfoury,...
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 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) Introduction In...
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 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 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)...
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 Case: Gurwinder Singh v. Pamela Jo...
De Novo, Not Clear Error: Fourth Circuit Requires BIA to Review Application of the § 1101(f)(6) False-Testimony Bar De Novo and Reaffirms Jurisdiction over Mixed Questions Post-Wilkinson Introduction...
"Actual Innocence Plus" Reaffirmed: The Tenth Circuit’s Gatekeeping Standard for Successive § 2254 Petitions in In re: Macklin Introduction In In re: Macklin, No. 25-6160 (10th Cir. Nov. 5, 2025),...
Thompson v. Killian: RPA Limited to Title 12 Taxes; Class Actions Against Local Governments Permitted Outside Property Tax Disputes; Unjust Enrichment Barred by SCTCA Introduction In Mark Gregory...