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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

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...
Partition Accounting in North Dakota: Trust-Exclusive Expenses Cannot Be Charged to a Cotenants’ Share; Rule 60(a) May Correct a Decree to Conform to an Adopted Referee Recommendation

Partition Accounting in North Dakota: Trust-Exclusive Expenses Cannot Be Charged to a Cotenants’ Share; Rule 60(a) May Correct a Decree to Conform to an Adopted Referee Recommendation

Date: Jan 2, 2026
Partition Accounting in North Dakota: Trust-Exclusive Expenses Cannot Be Charged to a Cotenants’ Share; Rule 60(a) May Correct a Decree to Conform to an Adopted Referee Recommendation 1. Introduction...
Dudley v API Industries, Inc.: Private Nuisance Is Not Numerically Limited to “One Person or a Relatively Few”

Dudley v API Industries, Inc.: Private Nuisance Is Not Numerically Limited to “One Person or a Relatively Few”

Date: Jan 2, 2026
Dudley v API Industries, Inc.: Private Nuisance Is Not Numerically Limited to “One Person or a Relatively Few,” but Negligence Still Requires Physical Injury or Tangible Property Damage Court:...
Dender v. North Shore Manhasset Hosp.: Subjective Fear, Police-Threats, and Driveway Blocking—Without Objective Restraint—Do Not Prove Confinement for False Imprisonment (JMOL)

Dender v. North Shore Manhasset Hosp.: Subjective Fear, Police-Threats, and Driveway Blocking—Without Objective Restraint—Do Not Prove Confinement for False Imprisonment (JMOL)

Date: Jan 2, 2026
Dender v. North Shore Manhasset Hosp.: Subjective Fear, Police-Threats, and Driveway Blocking—Without Objective Restraint—Do Not Prove Confinement for False Imprisonment (JMOL) 1. Introduction In...
EDTPA Repeal Is Not Retroactive; Nursing Homes May Obtain CPLR 3211 Dismissal When Documentary Proof Establishes COVID-Response Immunity

EDTPA Repeal Is Not Retroactive; Nursing Homes May Obtain CPLR 3211 Dismissal When Documentary Proof Establishes COVID-Response Immunity

Date: Jan 2, 2026
EDTPA Repeal Is Not Retroactive; Nursing Homes May Obtain CPLR 3211 Dismissal When Documentary Proof Establishes COVID-Response Immunity 1. Introduction In Byington v North Sea Assoc., LLC (2025 NY...
Post-Appointment Special-Election Ordinances in Statutory Cities: § 412.02, subd. 2a Permits Retroactive Application to Existing Vacancies and a Special Election Is Not “Removal” Under Article VIII, Section 5

Post-Appointment Special-Election Ordinances in Statutory Cities: § 412.02, subd. 2a Permits Retroactive Application to Existing Vacancies and a Special Election Is Not “Removal” Under Article VIII, Section 5

Date: Jan 2, 2026
Post-Appointment Special-Election Ordinances in Statutory Cities: § 412.02, subd. 2a Permits Retroactive Application to Existing Vacancies and a Special Election Is Not “Removal” Under Article VIII,...
Montana Attorney General Subject to Bar Discipline, but Criticism of Courts Requires Proof of Falsity; Rule 8.4(d) Requires Prejudice to an Identifiable Proceeding; Due-Process Defects Can Compel Dismissal

Montana Attorney General Subject to Bar Discipline, but Criticism of Courts Requires Proof of Falsity; Rule 8.4(d) Requires Prejudice to an Identifiable Proceeding; Due-Process Defects Can Compel Dismissal

Date: Jan 2, 2026
Montana Attorney General Subject to Bar Discipline, but Criticism of Courts Requires Proof of Falsity; Rule 8.4(d) Requires Prejudice to an Identifiable Proceeding; Due-Process Defects Can Compel...
Stay-and-Deferral Orders Pending Heck/Conviction Status Are Not Immediately Appealable Under § 1291 or the Collateral-Order Doctrine

Stay-and-Deferral Orders Pending Heck/Conviction Status Are Not Immediately Appealable Under § 1291 or the Collateral-Order Doctrine

Date: Jan 2, 2026
Stay-and-Deferral Orders Pending Heck/Conviction Status Are Not Immediately Appealable Under § 1291 or the Collateral-Order Doctrine I. Introduction In Jew v. Dobbins (5th Cir. Dec. 30, 2025) (per...
Stipulations Are Limited: “Independent Contractor” for Wage Claims Does Not Establish ICRA “Contractor” Status or Illegality Without Proof

Stipulations Are Limited: “Independent Contractor” for Wage Claims Does Not Establish ICRA “Contractor” Status or Illegality Without Proof

Date: Jan 2, 2026
Stipulations Are Limited: “Independent Contractor” for Wage Claims Does Not Establish ICRA “Contractor” Status or Illegality Without Proof Case: Ward v. Bishop Construction Court: Supreme Court of...
Swanson v. State: Rule 12 Waiver Bars Plain-Error Review of Untimely Fourth Amendment Suppression Claims Absent Cause

Swanson v. State: Rule 12 Waiver Bars Plain-Error Review of Untimely Fourth Amendment Suppression Claims Absent Cause

Date: Jan 2, 2026
Swanson v. State: Rule 12 Waiver Bars Plain-Error Review of Untimely Fourth Amendment Suppression Claims Absent Cause Court: Supreme Court of Delaware | Date: December 31, 2025 | Disposition:...
Family Division Jurisdiction to Adjudicate Alleged Breaches of Premarital Agreements Within Divorce Proceedings

Family Division Jurisdiction to Adjudicate Alleged Breaches of Premarital Agreements Within Divorce Proceedings

Date: Jan 2, 2026
Family Division Jurisdiction to Adjudicate Alleged Breaches of Premarital Agreements Within Divorce Proceedings Case: Christopher Gade v. Erin Gade (2025 VT 68) Court: Supreme Court of Vermont Date:...
Davis v. Ogbebar: Preservation Rules Bar Post‑Verdict Sufficiency Review and Require Adequate Briefing of Jury‑Instruction Error

Davis v. Ogbebar: Preservation Rules Bar Post‑Verdict Sufficiency Review and Require Adequate Briefing of Jury‑Instruction Error

Date: Jan 2, 2026
Davis v. Ogbebar: Preservation Rules Bar Post‑Verdict Sufficiency Review and Require Adequate Briefing of Jury‑Instruction Error 1. Introduction In Davis v. Ogbebar (5th Cir. Dec. 30, 2025) (per...
Ramirez v. Granado: Disputed Threat Perception Bars Qualified Immunity for Deadly Force Against a Fleeing Suspect

Ramirez v. Granado: Disputed Threat Perception Bars Qualified Immunity for Deadly Force Against a Fleeing Suspect

Date: Jan 2, 2026
Ramirez v. Granado: Disputed Threat Perception Bars Qualified Immunity for Deadly Force Against a Fleeing Suspect Court: United States Court of Appeals for the Fifth Circuit Date: December 30, 2025...
Tenth Circuit Limits Tying-Claim Plaintiffs to “Efficient Enforcers” and Bars End-Run Appeals of Class-Cert Denials via Voluntary Dismissal

Tenth Circuit Limits Tying-Claim Plaintiffs to “Efficient Enforcers” and Bars End-Run Appeals of Class-Cert Denials via Voluntary Dismissal

Date: Jan 2, 2026
Tenth Circuit Limits Tying-Claim Plaintiffs to “Efficient Enforcers” and Bars End-Run Appeals of Class-Cert Denials via Voluntary Dismissal 1. Introduction In North Brevard County Hospital District...
Smith v. Zama — Conflicting Expert Proof on Discharge Anticoagulation/Beta-Blocker Decisions Creates Triable Issues and Defeats Summary Judgment

Smith v. Zama — Conflicting Expert Proof on Discharge Anticoagulation/Beta-Blocker Decisions Creates Triable Issues and Defeats Summary Judgment

Date: Jan 2, 2026
Smith v. Zama: Conflicting Expert Proof on Discharge Anticoagulation/Beta-Blocker Decisions Creates Triable Issues and Defeats Summary Judgment 1. Introduction Case: Smith v Zama, 2025 NY Slip Op...
Manager/Supervisor Role Enhancement Turns on Relative Culpability (Not Direct Control) and Unraised Sentencing-Disparity Objections Are Waived After the Garcia-Segura Inquiry

Manager/Supervisor Role Enhancement Turns on Relative Culpability (Not Direct Control) and Unraised Sentencing-Disparity Objections Are Waived After the Garcia-Segura Inquiry

Date: Jan 2, 2026
Manager/Supervisor Role Enhancement Turns on Relative Culpability (Not Direct Control) and Unraised Sentencing-Disparity Objections Are Waived After the Garcia-Segura Inquiry Introduction In United...
Limits on Absolute Immunity for Extra-Judicial Brady/Giglio Disclosures and Due-Process Liability for Resignation Induced by Misrepresentation

Limits on Absolute Immunity for Extra-Judicial Brady/Giglio Disclosures and Due-Process Liability for Resignation Induced by Misrepresentation

Date: Jan 2, 2026
Limits on Absolute Immunity for Extra-Judicial Brady/Giglio Disclosures and Due-Process Liability for Resignation Induced by Misrepresentation Case: Randall Martin v. Robert Goldsmith, et al., No....
Failure to Give § 46-12-210(1)(f) Immigration Advisement Is Not Per Se Plain Error Where the Record Shows Actual Awareness

Failure to Give § 46-12-210(1)(f) Immigration Advisement Is Not Per Se Plain Error Where the Record Shows Actual Awareness

Date: Jan 2, 2026
Failure to Give § 46-12-210(1)(f) Immigration Advisement Is Not Per Se Plain Error Where the Record Shows Actual Awareness Case: State v. Padilla-Canales, 2025 MT 303 (Mont. Dec. 30, 2025) Court:...
Delaware Consumer Fraud Act Excludes Post-Transaction Communications; No Jury-Trial Right for CFA Administrative Penalties Absent a Common-Law Fraud Analogue

Delaware Consumer Fraud Act Excludes Post-Transaction Communications; No Jury-Trial Right for CFA Administrative Penalties Absent a Common-Law Fraud Analogue

Date: Jan 2, 2026
Delaware Consumer Fraud Act Excludes Post-Transaction Communications; No Jury-Trial Right for CFA Administrative Penalties Absent a Common-Law Fraud Analogue Case: Blue Beach Bungalows DE, LLC v. The...
Collateral Attacks on Criminal Forfeiture Are Not Cognizable Under Bivens; Failure to Object Waives Appellate Review; Prefiling Injunctions May Be Expanded to Cover Related Forfeiture/Foreclosure Claims

Collateral Attacks on Criminal Forfeiture Are Not Cognizable Under Bivens; Failure to Object Waives Appellate Review; Prefiling Injunctions May Be Expanded to Cover Related Forfeiture/Foreclosure Claims

Date: Jan 2, 2026
Collateral Attacks on Criminal Forfeiture Are Not Cognizable Under Bivens; Failure to Object Waives Appellate Review; Prefiling Injunctions May Be Expanded to Cover Related Forfeiture/Foreclosure...
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