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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

Wire-Fraud “Scheme” Completes Upon Misrepresentation, Supporting Money-Laundering Counts and Full-Donation Loss in Charitable-Donation Fraud

Wire-Fraud “Scheme” Completes Upon Misrepresentation, Supporting Money-Laundering Counts and Full-Donation Loss in Charitable-Donation Fraud

Date: Jan 1, 2026
Wire-Fraud “Scheme” Completes Upon Misrepresentation, Supporting Money-Laundering Counts and Full-Donation Loss in Charitable-Donation Fraud Introduction In United States v. Sir Maejor Page (6th Cir....
In re Humana, Inc.: Rule 23(f) Review Denied Where Consent Disputes, Ascertainability Methodology, and Fail-Safe Allegations Do Not Show Abuse of Discretion

In re Humana, Inc.: Rule 23(f) Review Denied Where Consent Disputes, Ascertainability Methodology, and Fail-Safe Allegations Do Not Show Abuse of Discretion

Date: Jan 1, 2026
In re Humana, Inc.: Rule 23(f) Review Denied Where Consent Disputes, Ascertainability Methodology, and Fail-Safe Allegations Do Not Show Abuse of Discretion 1. Introduction Case: In re Humana, Inc.,...
Conspiracy-Based Specific Jurisdiction Requires Twombly-Level Plausibility and Particularized Facts (Fourth Circuit)

Conspiracy-Based Specific Jurisdiction Requires Twombly-Level Plausibility and Particularized Facts (Fourth Circuit)

Date: Jan 1, 2026
Conspiracy-Based Specific Jurisdiction Requires Twombly-Level Plausibility and Particularized Facts (Fourth Circuit) Court: United States Court of Appeals for the Fourth Circuit Date: December 29,...
Failure-to-Accommodate Claims May Fail Where the Student Causes the Interactive-Process Breakdown and Does Not Explain Scheduling Impossibility

Failure-to-Accommodate Claims May Fail Where the Student Causes the Interactive-Process Breakdown and Does Not Explain Scheduling Impossibility

Date: Dec 31, 2025
Failure-to-Accommodate Claims May Fail Where the Student Causes the Interactive-Process Breakdown and Does Not Explain Scheduling Impossibility Case: Bahl v. New York Institute of Technology, Nos....
Younger Abstention Covers Connecticut Probation-Violation Proceedings Through Appeal and Requires Staying § 1983 Damages While Dismissing/Deferring Equitable Relief

Younger Abstention Covers Connecticut Probation-Violation Proceedings Through Appeal and Requires Staying § 1983 Damages While Dismissing/Deferring Equitable Relief

Date: Dec 31, 2025
Younger Abstention Covers Connecticut Probation-Violation Proceedings Through Appeal and Requires Staying § 1983 Damages While Dismissing/Deferring Equitable Relief Introduction In Torres v. Off. of...
Pro Se, Non-Specific Sworn Denials Aimed at Testing the Government’s Proof Do Not Support U.S.S.G. § 3C1.1 Obstruction at Sentencing

Pro Se, Non-Specific Sworn Denials Aimed at Testing the Government’s Proof Do Not Support U.S.S.G. § 3C1.1 Obstruction at Sentencing

Date: Dec 31, 2025
Pro Se, Non-Specific Sworn Denials Aimed at Testing the Government’s Proof Do Not Support U.S.S.G. § 3C1.1 Obstruction at Sentencing 1. Introduction Case: United States v. Belmar, No. 24-2041-cr (2d...
EMTALA Pleading Sufficiency: Malnutrition as a Plausible Emergency Medical Condition and Mandatory Leave to Amend When Limitations Make Dismissal Effectively With Prejudice

EMTALA Pleading Sufficiency: Malnutrition as a Plausible Emergency Medical Condition and Mandatory Leave to Amend When Limitations Make Dismissal Effectively With Prejudice

Date: Dec 31, 2025
EMTALA Pleading Sufficiency: Malnutrition as a Plausible Emergency Medical Condition and Mandatory Leave to Amend When Limitations Make Dismissal Effectively With Prejudice 1. Introduction Case: Lisa...
Code § 40.1-29 “Wages” Do Not Include Commissions Absent Express Legislative Inclusion

Code § 40.1-29 “Wages” Do Not Include Commissions Absent Express Legislative Inclusion

Date: Dec 31, 2025
Code § 40.1-29 “Wages” Do Not Include Commissions Absent Express Legislative Inclusion Case: Groundworks Operations, LLC v. Campbell Court: Supreme Court of Virginia Date: 2025-12-30 1. Introduction...
People v. Kopp (Cal. 2025) Commentary

People v. Kopp (Cal. 2025) Commentary

Date: Dec 31, 2025
Ability-to-Pay Review for Mandatory Court Operations & Facilities Assessments (Equal Protection), While Punitive Fines Are Initially Tested Under the Excessive Fines Clauses Case: People v. Kopp,...
“Substantially Uninterrupted” Means Mostly Continuous: Reasonableness Limits Virginia’s Continuing Treatment Exception

“Substantially Uninterrupted” Means Mostly Continuous: Reasonableness Limits Virginia’s Continuing Treatment Exception

Date: Dec 31, 2025
“Substantially Uninterrupted” Means Mostly Continuous: Reasonableness Limits Virginia’s Continuing Treatment Exception Case: Cothran v. Jauregui, Supreme Court of Virginia (Dec. 30, 2025) Posture:...
People of Michigan v. Borton: A Judicial Call to Reconcile Michigan’s Shackling-Prejudice Doctrine with Deck and Chapman

People of Michigan v. Borton: A Judicial Call to Reconcile Michigan’s Shackling-Prejudice Doctrine with Deck and Chapman

Date: Dec 31, 2025
People of Michigan v. Borton: A Judicial Call to Reconcile Michigan’s Shackling-Prejudice Doctrine with Deck and Chapman Court: Supreme Court of Michigan Date: December 29, 2025 Disposition:...
Tapia Error on Plain-Error Review: Ambiguous Treatment Remarks and Checked § 3553(a)(2)(D) Boxes Do Not Make an Upward-Variance Sentence Obviously Unlawful

Tapia Error on Plain-Error Review: Ambiguous Treatment Remarks and Checked § 3553(a)(2)(D) Boxes Do Not Make an Upward-Variance Sentence Obviously Unlawful

Date: Dec 31, 2025
Tapia Error on Plain-Error Review: Ambiguous Treatment Remarks and Checked § 3553(a)(2)(D) Boxes Do Not Make an Upward-Variance Sentence Obviously Unlawful 1. Introduction Case: United States v....
Nunez v. Commissioner of Social Security — RFC Must Address Off-Task Time and Absenteeism When “Moderate” CPP Limitations and VE Thresholds Are in the Record

Nunez v. Commissioner of Social Security — RFC Must Address Off-Task Time and Absenteeism When “Moderate” CPP Limitations and VE Thresholds Are in the Record

Date: Dec 31, 2025
RFC Must Address Off-Task Time and Absenteeism When “Moderate” CPP Limitations and VE Thresholds Are in the Record Case: Nunez v. Commissioner of Social Security (2d Cir.) Decided: November 25, 2025...
Ambiguous “Get Even” Statements and Criminal Motive Support a No-Nexus Finding Under Substantial-Evidence Review

Ambiguous “Get Even” Statements and Criminal Motive Support a No-Nexus Finding Under Substantial-Evidence Review

Date: Dec 31, 2025
Ambiguous “Get Even” Statements and Criminal Motive Support a No-Nexus Finding Under Substantial-Evidence Review 1) Introduction Case: Cinia Quiroz-Bardales v. Pamela J. Bondi (7th Cir. Dec. 29,...
Refusal of Newborn Medical Testing as Probable Cause for Emergency Removal and Termination Affirmance Under § 41-3-609(1)(f), MCA (Matter of R.T.C. & R.J.C.)

Refusal of Newborn Medical Testing as Probable Cause for Emergency Removal and Termination Affirmance Under § 41-3-609(1)(f), MCA (Matter of R.T.C. & R.J.C.)

Date: Dec 31, 2025
Refusal of Newborn Medical Testing as Probable Cause for Emergency Removal and Termination Affirmance Under § 41-3-609(1)(f), MCA (Matter of R.T.C. & R.J.C.) Introduction In In the Matter of: R.T.C....
Montana Guardianship Under § 41-3-444, MCA: No “Unfitness” Finding and No Clear-and-Convincing Burden Required

Montana Guardianship Under § 41-3-444, MCA: No “Unfitness” Finding and No Clear-and-Convincing Burden Required

Date: Dec 31, 2025
Montana Guardianship Under § 41-3-444, MCA: No “Unfitness” Finding and No Clear-and-Convincing Burden Required Case: Matter of L.D., YINC (In the Matter of: I.D., T.D., and L.D., Youths in Need of...
Guardianship Need Not Be Considered Absent a Petition Once Statutory Grounds for Termination Are Met

Guardianship Need Not Be Considered Absent a Petition Once Statutory Grounds for Termination Are Met

Date: Dec 31, 2025
Guardianship Need Not Be Considered Absent a Petition Once Statutory Grounds for Termination Are Met Case: In the Matter of: W.B.A., A Youth in Need of Care, 2025 MT 300N (Mont. Dec. 29, 2025) Court:...
Ransom Crimes Against Relatives and Perceived Wealth Do Not Establish Withholding or CAT Relief Without Individualized Targeting, PSG Nexus, and Government Acquiescence

Ransom Crimes Against Relatives and Perceived Wealth Do Not Establish Withholding or CAT Relief Without Individualized Targeting, PSG Nexus, and Government Acquiescence

Date: Dec 31, 2025
Ransom Crimes Against Relatives and Perceived Wealth Do Not Establish Withholding or CAT Relief Without Individualized Targeting, PSG Nexus, and Government Acquiescence 1. Introduction In Jesus...
Neonatal Drug-Exposure and Refusal of Medically Necessary Testing Support EPS Probable Cause; Treatment-Plan Challenges, IAC Claims, and Guardianship Alternatives Must Be Properly Preserved

Neonatal Drug-Exposure and Refusal of Medically Necessary Testing Support EPS Probable Cause; Treatment-Plan Challenges, IAC Claims, and Guardianship Alternatives Must Be Properly Preserved

Date: Dec 31, 2025
Neonatal Drug-Exposure and Refusal of Medically Necessary Testing Support EPS Probable Cause; Treatment-Plan Challenges, IAC Claims, and Guardianship Alternatives Must Be Properly Preserved 1....
Guardianship Under § 41-3-444, MCA: No “Unfitness” Finding Required and No Clear-and-Convincing Burden

Guardianship Under § 41-3-444, MCA: No “Unfitness” Finding Required and No Clear-and-Convincing Burden

Date: Dec 31, 2025
Guardianship Under § 41-3-444, MCA: No “Unfitness” Finding Required and No Clear-and-Convincing Burden Case: In the Matter of: I.D., T.D., and L.D., Youths in Need of Care (2025 MT 299) Court:...
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