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  • Commentaries
  • Judgments

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

State v. Jackson: Denial of Termination of Post-Release Supervision Is a Final Order; Post-Release Supervision Begins Only After All Consecutive Determinate Sentences End

State v. Jackson: Denial of Termination of Post-Release Supervision Is a Final Order; Post-Release Supervision Begins Only After All Consecutive Determinate Sentences End

Date: Jan 5, 2026
State v. Jackson: Denial of Termination of Post-Release Supervision Is a Final Order; Post-Release Supervision Begins Only After All Consecutive Determinate Sentences End Introduction In State v....
State v. Enrrique H.: “A Case Involving” Physical Force Under § 53a-217 (a) (4) (A) Encompasses the Whole Prior Proceeding, Not Merely Offense Elements

State v. Enrrique H.: “A Case Involving” Physical Force Under § 53a-217 (a) (4) (A) Encompasses the Whole Prior Proceeding, Not Merely Offense Elements

Date: Jan 5, 2026
State v. Enrrique H.: “A Case Involving” Physical Force Under § 53a-217 (a) (4) (A) Encompasses the Whole Prior Proceeding, Not Merely Offense Elements 1. Introduction In State v. Enrrique H. (Conn....
Piezko v. County of Maui — Exclusive Tax Appeal Court Jurisdiction Over Real Property Tax Refund Claims Styled as Civil Actions

Piezko v. County of Maui — Exclusive Tax Appeal Court Jurisdiction Over Real Property Tax Refund Claims Styled as Civil Actions

Date: Jan 5, 2026
Piezko v. County of Maui — Exclusive Tax Appeal Court Jurisdiction Over Real Property Tax Refund Claims Styled as Civil Actions 1. Introduction Parties: Christopher Piezko and Janel Lee Piezko, as...
Judicial Immunity Persists Despite Alleged Appellate Divestiture of Trial-Court Authority Under Pa. R.A.P. 1701

Judicial Immunity Persists Despite Alleged Appellate Divestiture of Trial-Court Authority Under Pa. R.A.P. 1701

Date: Jan 5, 2026
Judicial Immunity Persists Despite Alleged Appellate Divestiture of Trial-Court Authority Under Pa. R.A.P. 1701 Case: Walter Bernard v. Philip Ignelzi, No. 25-1245 Court: U.S. Court of Appeals for...
CSC II “Sexual Contact” Requires Only a Reasonably Construed Sexual Purpose (Not Actual Gratification), and “Two-Inference” Reasonable-Doubt Language Is Not Required

CSC II “Sexual Contact” Requires Only a Reasonably Construed Sexual Purpose (Not Actual Gratification), and “Two-Inference” Reasonable-Doubt Language Is Not Required

Date: Jan 5, 2026
CSC II “Sexual Contact” Requires Only a Reasonably Construed Sexual Purpose (Not Actual Gratification), and “Two-Inference” Reasonable-Doubt Language Is Not Required I. Introduction In People of Guam...
Quiroz v. Hernandez — Futility of Repleading, No Relation-Back for Newly Added Defendants, and Jurisdictional Bars to Victim Suits Challenging Prosecution Decisions

Quiroz v. Hernandez — Futility of Repleading, No Relation-Back for Newly Added Defendants, and Jurisdictional Bars to Victim Suits Challenging Prosecution Decisions

Date: Jan 5, 2026
Quiroz v. Hernandez — Futility of Repleading, No Relation-Back for Newly Added Defendants, and Jurisdictional Bars to Victim Suits Challenging Prosecution Decisions Court: United States Court of...
Partial Sovereign-Immunity Denials Are Immediately Appealable; Ex parte Young Turns on Specific Statutory Enforcement (Not Referrals or General Oversight)

Partial Sovereign-Immunity Denials Are Immediately Appealable; Ex parte Young Turns on Specific Statutory Enforcement (Not Referrals or General Oversight)

Date: Jan 5, 2026
Partial Sovereign-Immunity Denials Are Immediately Appealable; Ex parte Young Turns on Specific Statutory Enforcement (Not Referrals or General Oversight) Case: OCA-Greater Houston v. Nelson...
Interlocutory Review and Ex parte Young “Enforcement” in Texas Election-Law Challenges

Interlocutory Review and Ex parte Young “Enforcement” in Texas Election-Law Challenges

Date: Jan 5, 2026
Partial Sovereign-Immunity Denials Are Immediately Appealable; Ex parte Young Turns on Concrete “Enforcement” Functions (Not Mere Referrals or General Oversight) Case: La Union del Pueblo Entero; et...
Lane v. Avis Budget Group, Inc.: Foundation Required to Treat “Low-Impact/Biomechanics” IME Opinions as Substantial Evidence Rebutting HRS § 386-85

Lane v. Avis Budget Group, Inc.: Foundation Required to Treat “Low-Impact/Biomechanics” IME Opinions as Substantial Evidence Rebutting HRS § 386-85

Date: Jan 5, 2026
Lane v. Avis Budget Group, Inc.: Foundation Required to Treat “Low-Impact/Biomechanics” IME Opinions as Substantial Evidence Rebutting HRS § 386-85 Court: Supreme Court of Hawaiʻi Date: December 30,...
Section 8130(a)(2) “Service Retirement Annuity” Electors Are Excluded from Section 8134 Surviving Spouse Annuities Absent an Express Statutory Extension

Section 8130(a)(2) “Service Retirement Annuity” Electors Are Excluded from Section 8134 Surviving Spouse Annuities Absent an Express Statutory Extension

Date: Jan 5, 2026
Section 8130(a)(2) “Service Retirement Annuity” Electors Are Excluded from Section 8134 Surviving Spouse Annuities Absent an Express Statutory Extension Case: Takako B. Guthrie and Joseph A. Guthrie,...
Cotto v. Robinson (2d Dept 2025): Law-of-the-Case Locks in Graves Amendment Dismissal; Relation-Back Fails Without Timely Notice to Newly Added Employer

Cotto v. Robinson (2d Dept 2025): Law-of-the-Case Locks in Graves Amendment Dismissal; Relation-Back Fails Without Timely Notice to Newly Added Employer

Date: Jan 3, 2026
Law-of-the-Case Locks in Graves Amendment Dismissal; Relation-Back Requires Proof the New Employer Had Timely Notice Case: Cotto v Robinson, 2025 NY Slip Op 07374 (App Div, 2d Dept Dec. 31, 2025)...
Pennsylvania’s Procedural Framework for Uniform Family Law Arbitration: Petitions, Forum, Award Review, and Post-Confirmation Enforcement

Pennsylvania’s Procedural Framework for Uniform Family Law Arbitration: Petitions, Forum, Award Review, and Post-Confirmation Enforcement

Date: Jan 3, 2026
Pennsylvania’s Procedural Framework for Uniform Family Law Arbitration: Petitions, Forum, Award Review, and Post-Confirmation Enforcement 1. Introduction On December 31, 2025, the Supreme Court of...
Rule 11(a)(2) Enforcement: Conditional Plea Requires a Court Order and a Judgment that Expressly States “Conditional”

Rule 11(a)(2) Enforcement: Conditional Plea Requires a Court Order and a Judgment that Expressly States “Conditional”

Date: Jan 3, 2026
Rule 11(a)(2) Enforcement: Conditional Plea Requires a Court Order and a Judgment that Expressly States “Conditional” 1. Introduction In State v. Medina, 2025 ND 234, the North Dakota Supreme Court...
People v. Grigoroff: When a Confession Is the Only Evidence, Courts Must Not Undercut False-Confession Expert Proof (and Must Charge “Promise by the Police” When Supported)

People v. Grigoroff: When a Confession Is the Only Evidence, Courts Must Not Undercut False-Confession Expert Proof (and Must Charge “Promise by the Police” When Supported)

Date: Jan 3, 2026
People v. Grigoroff: When a Confession Is the Only Evidence, Courts Must Not Undercut False-Confession Expert Proof (and Must Charge “Promise by the Police” When Supported) 1. Introduction In People...
Modification of Nonparent Visitation Must Proceed Under N.D.C.C. § 14-09.4-14 (Even When the Parent Moves to Modify a Foreign Order)

Modification of Nonparent Visitation Must Proceed Under N.D.C.C. § 14-09.4-14 (Even When the Parent Moves to Modify a Foreign Order)

Date: Jan 3, 2026
Modification of Nonparent Visitation Must Proceed Under N.D.C.C. § 14-09.4-14 (Even When the Parent Moves to Modify a Foreign Order) I. Introduction Wardner v. Porath, 2025 ND 228, addresses which...
Parenting-Time Modification After In-State Relocation: Work-Availability Findings, Shively Distinguished, and “Immaterial Misstatements” Under Clearly-Erroneous Review

Parenting-Time Modification After In-State Relocation: Work-Availability Findings, Shively Distinguished, and “Immaterial Misstatements” Under Clearly-Erroneous Review

Date: Jan 3, 2026
Parenting-Time Modification After In-State Relocation: Work-Availability Findings, Shively Distinguished, and “Immaterial Misstatements” Under Clearly-Erroneous Review I. Introduction In Markestad v....
Replevin Amendment Liberally Granted Despite Disputed Abandonment and No Unequivocal TRO for Contempt (LaBoy v. Diven)

Replevin Amendment Liberally Granted Despite Disputed Abandonment and No Unequivocal TRO for Contempt (LaBoy v. Diven)

Date: Jan 3, 2026
Replevin Amendment Liberally Granted Despite Disputed Abandonment and No Unequivocal TRO for Contempt 1. Introduction LaBoy v Diven (2025 NY Slip Op 07381 [App Div, 2d Dept Dec. 31, 2025]) arises...
Consumer Reviews and Complaint Letters as “Public Interest” Speech Under New York Anti-SLAPP, Supporting Fee Awards for Baseless Defamation Claims

Consumer Reviews and Complaint Letters as “Public Interest” Speech Under New York Anti-SLAPP, Supporting Fee Awards for Baseless Defamation Claims

Date: Jan 3, 2026
Consumer Reviews and Complaint Letters as “Public Interest” Speech Under New York Anti-SLAPP, Supporting Fee Awards for Baseless Defamation Claims Case: Biagini Realty v Brightman, 2025 NY Slip Op...
Jurisdiction Requires a Timely Petition Identifying the Operative Agency Order (Superseding Methodology Orders Must Be Appealed)

Jurisdiction Requires a Timely Petition Identifying the Operative Agency Order (Superseding Methodology Orders Must Be Appealed)

Date: Jan 3, 2026
Jurisdiction Requires a Timely Petition Identifying the Operative Agency Order (Superseding Methodology Orders Must Be Appealed) Case: City of Idaho Falls v. IDWR Court: Supreme Court of Idaho Date:...
Post-Judgment Criminal Appealability Under N.D.C.C. § 29-28-06(5) Turns on the Nature of the Claim, Not Its Merits

Post-Judgment Criminal Appealability Under N.D.C.C. § 29-28-06(5) Turns on the Nature of the Claim, Not Its Merits

Date: Jan 3, 2026
Post-Judgment Criminal Appealability Under N.D.C.C. § 29-28-06(5) Turns on the Nature of the Claim, Not Its Merits Case: City of Williston v. Bauer, 2025 ND 231 Court: Supreme Court of North Dakota...
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