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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

No Written Findings Needed When Denying Child-Support Deviation; Extracurricular Costs Are Included in Guideline Support — In the Matter of Carr & Carr (N.H. 2025)

No Written Findings Needed When Denying Child-Support Deviation; Extracurricular Costs Are Included in Guideline Support — In the Matter of Carr & Carr (N.H. 2025)

Date: Sep 18, 2025
No Written Findings Needed When Denying Child-Support Deviation; Extracurricular Costs Are Included in Guideline Support Commentary on In the Matter of Clara Carr and Ryan Carr, Supreme Court of New...
New Hampshire Narrows Crime-Fraud Exception to Intended Fraud and Confirms Common-Interest Privilege Requires Pending Litigation

New Hampshire Narrows Crime-Fraud Exception to Intended Fraud and Confirms Common-Interest Privilege Requires Pending Litigation

Date: Sep 17, 2025
New Hampshire Narrows Crime-Fraud Exception to Intended Fraud and Confirms Common-Interest Privilege Requires Pending Litigation Introduction In Atl. Anesthesia, P.A. v. Lehrer, 2025 N.H. 42, the...
Top-Two “Open Primary” Initiatives in Oklahoma: No Facial First Amendment Infirmity; Gist Adequate; Ballot-Title Review Deferred Until Post-Circulation

Top-Two “Open Primary” Initiatives in Oklahoma: No Facial First Amendment Infirmity; Gist Adequate; Ballot-Title Review Deferred Until Post-Circulation

Date: Sep 17, 2025
Top-Two “Open Primary” Initiatives in Oklahoma: No Facial First Amendment Infirmity; Gist Adequate; Ballot-Title Review Deferred Until Post-Circulation Case: IN RE INITIATIVE PETITION NO. 448, STATE...
OADA Exclusivity Preempts IIED Claims Arising from the Same Operative Facts as Employment Discrimination

OADA Exclusivity Preempts IIED Claims Arising from the Same Operative Facts as Employment Discrimination

Date: Sep 17, 2025
OADA Exclusivity Preempts IIED Claims Arising from the Same Operative Facts as Employment Discrimination Case: BAUGHMAN v. WORLD ACCEPTANCE CORPORATION (2025 OK 57) | Court: Supreme Court of Oklahoma...
State v. Rue: No plain‑error relief for felony‑murder instructional complaint under a general first-degree murder verdict; reaffirmation of trial courts’ discretion to give initial‑aggressor self‑defense instructions

State v. Rue: No plain‑error relief for felony‑murder instructional complaint under a general first-degree murder verdict; reaffirmation of trial courts’ discretion to give initial‑aggressor self‑defense instructions

Date: Sep 17, 2025
State v. Rue: No plain‑error relief for felony‑murder instructional complaint under a general first-degree murder verdict; reaffirmation of trial courts’ discretion to give initial‑aggressor...
Roberts Reaffirms Objective Pretext Doctrine and Recorded-Consent Vehicle Searches in West Virginia

Roberts Reaffirms Objective Pretext Doctrine and Recorded-Consent Vehicle Searches in West Virginia

Date: Sep 17, 2025
Roberts Reaffirms Objective Pretext Doctrine and Recorded-Consent Vehicle Searches in West Virginia Introduction In State of West Virginia v. Steven Verrell Roberts, No. 23-422 (W. Va. Sept. 16,...
State v. Austin: Voluntary Intoxication and Diminished Capacity Limits, Narrow “Opening the Door,” and What Counts as an Overt Act for Attempted First-Degree Murder

State v. Austin: Voluntary Intoxication and Diminished Capacity Limits, Narrow “Opening the Door,” and What Counts as an Overt Act for Attempted First-Degree Murder

Date: Sep 17, 2025
State v. Austin: Voluntary Intoxication and Diminished Capacity Limits, Narrow “Opening the Door,” and What Counts as an Overt Act for Attempted First-Degree Murder Introduction In State of West...
No “Child’s-Choice” Visitation Without Findings and a Plan: In re H.C. Reinforces Child-Centered Continued-Association Standards in Guardianship Cases

No “Child’s-Choice” Visitation Without Findings and a Plan: In re H.C. Reinforces Child-Centered Continued-Association Standards in Guardianship Cases

Date: Sep 17, 2025
No “Child’s-Choice” Visitation Without Findings and a Plan: In re H.C. Reinforces Child-Centered Continued-Association Standards in Guardianship Cases Introduction In a memorandum decision issued...
No “Neighborhood Expert” Workaround: Connecticut Treats Euphemistic Gang Testimony as Inadmissible Absent Foundation and Significant Probative Value — Commentary on State v. Dixon (Conn. 2025)

No “Neighborhood Expert” Workaround: Connecticut Treats Euphemistic Gang Testimony as Inadmissible Absent Foundation and Significant Probative Value — Commentary on State v. Dixon (Conn. 2025)

Date: Sep 17, 2025
No “Neighborhood Expert” Workaround: Connecticut Treats Euphemistic Gang Testimony as Inadmissible Absent Foundation and Significant Probative Value Case: State v. Dixon, Supreme Court of...
Neighborhood “Beef” Evidence Equals Gang-Affiliation Evidence: Admissibility, Scope-Limiting, and Harmless Error in Expert Testimony (State v. Dixon, Conn. 2025)

Neighborhood “Beef” Evidence Equals Gang-Affiliation Evidence: Admissibility, Scope-Limiting, and Harmless Error in Expert Testimony (State v. Dixon, Conn. 2025)

Date: Sep 17, 2025
Neighborhood “Beef” Evidence Equals Gang-Affiliation Evidence: Admissibility, Scope-Limiting, and Harmless Error in Expert Testimony (State v. Dixon, Conn. 2025) Introduction In State v. Dixon, the...
De Novo Review for Rule 59(J) “Clearly Erroneous” Motions and Limits on Using Video/Intoxication to Prove Contributory Negligence as a Matter of Law

De Novo Review for Rule 59(J) “Clearly Erroneous” Motions and Limits on Using Video/Intoxication to Prove Contributory Negligence as a Matter of Law

Date: Sep 16, 2025
De Novo Review for Rule 59(J) “Clearly Erroneous” Motions and Limits on Using Video/Intoxication to Prove Contributory Negligence as a Matter of Law Introduction In Indianapolis Public Transportation...
Limiting Colorado Minimum Wage Act Claims to the Wage Claim Act’s Two- and Three-Year Statute of Limitations: Commentary on By the Rockies, LLC v. Perez

Limiting Colorado Minimum Wage Act Claims to the Wage Claim Act’s Two- and Three-Year Statute of Limitations: Commentary on By the Rockies, LLC v. Perez

Date: Sep 16, 2025
Limiting Colorado Minimum Wage Act Claims to the Wage Claim Act’s Two- and Three-Year Statute of Limitations: Commentary on By the Rockies, LLC v. Perez I. Introduction In By the Rockies, LLC, and...
Minimum Wage Act Claims Borrow the Wage Claim Act’s Two-/Three-Year Limitations Period

Minimum Wage Act Claims Borrow the Wage Claim Act’s Two-/Three-Year Limitations Period

Date: Sep 16, 2025
Minimum Wage Act Claims Borrow the Wage Claim Act’s Two-/Three-Year Limitations Period I. Introduction By the Rockies, LLC v. Perez, 2025 CO 56, resolves a recurring gap in Colorado wage-and-hour...
COML Cure Doctrine Confirmed; Prevailing-Party Fees When Violation Is Proven and Cure Occurs Only After Suit

COML Cure Doctrine Confirmed; Prevailing-Party Fees When Violation Is Proven and Cure Occurs Only After Suit

Date: Sep 16, 2025
COML Cure Doctrine Confirmed; Prevailing-Party Fees When Violation Is Proven and Cure Occurs Only After Suit Case: O'Connell v. Woodland Park School District, 2025 CO 55 (Colo. Sept. 15, 2025) Court:...
Unsworn Statements Cannot Create Fact Disputes, But May Prompt Rule 56(e) Cure Orders: Third Circuit’s Precedential Clarification in Lauria v. Lieb

Unsworn Statements Cannot Create Fact Disputes, But May Prompt Rule 56(e) Cure Orders: Third Circuit’s Precedential Clarification in Lauria v. Lieb

Date: Sep 13, 2025
Unsworn Statements Cannot Create Fact Disputes, But May Prompt Rule 56(e) Cure Orders: The Third Circuit’s Precedential Clarification in Lauria v. Lieb Introduction In a precedential opinion, the...
United States v. Mosley: Post-Esteras boundaries on revocation sentencing—no § 3553(a)(2)(A) retribution, “ballpark” deference, and unified justification for prison and supervision

United States v. Mosley: Post-Esteras boundaries on revocation sentencing—no § 3553(a)(2)(A) retribution, “ballpark” deference, and unified justification for prison and supervision

Date: Sep 13, 2025
United States v. Mosley: Post-Esteras boundaries on revocation sentencing—no § 3553(a)(2)(A) retribution, “ballpark” deference, and unified justification for prison and supervision Introduction In...
Lake v. State: Late-Disclosed Impeachment Evidence During Trial Is Not Brady “Suppression,” and Child-Witness Competency Turns on Mental Ability, Not Detailed Recall

Lake v. State: Late-Disclosed Impeachment Evidence During Trial Is Not Brady “Suppression,” and Child-Witness Competency Turns on Mental Ability, Not Detailed Recall

Date: Sep 13, 2025
Lake v. State: Late-Disclosed Impeachment Evidence During Trial Is Not Brady “Suppression,” and Child-Witness Competency Turns on Mental Ability, Not Detailed Recall Introduction In Justin Scott Lake...
First Circuit Clarifies INA Parole Authority: “Case‑by‑Case” Limits Grants, Not Termination; DHS May Categorically End and Revoke Parole Programs

First Circuit Clarifies INA Parole Authority: “Case‑by‑Case” Limits Grants, Not Termination; DHS May Categorically End and Revoke Parole Programs

Date: Sep 13, 2025
First Circuit Clarifies INA Parole Authority: “Case‑by‑Case” Limits Grants, Not Termination; DHS May Categorically End and Revoke Parole Programs Introduction Doe v. Noem addresses the scope of the...
Gross Negligence Is Not a “Reasonable Alternative”: Arizona’s Anti‑Abrogation Clause Invalidates Pandemic Immunity for Ordinary Medical Negligence, but a Clear‑and‑Convincing Burden Survives

Gross Negligence Is Not a “Reasonable Alternative”: Arizona’s Anti‑Abrogation Clause Invalidates Pandemic Immunity for Ordinary Medical Negligence, but a Clear‑and‑Convincing Burden Survives

Date: Sep 13, 2025
Gross Negligence Is Not a “Reasonable Alternative”: Arizona’s Anti‑Abrogation Clause Invalidates Pandemic Immunity for Ordinary Medical Negligence, but a Clear‑and‑Convincing Burden Survives...
Lascivious Exhibition Instructions May Include Defendant’s Intent; Sentence Affirmed via Assumed-Error Harmlessness — United States v. Tatum (4th Cir. 2025)

Lascivious Exhibition Instructions May Include Defendant’s Intent; Sentence Affirmed via Assumed-Error Harmlessness — United States v. Tatum (4th Cir. 2025)

Date: Sep 13, 2025
Lascivious Exhibition Instructions May Include Defendant’s Intent; Sentence Affirmed via Assumed-Error Harmlessness — United States v. Tatum (4th Cir. 2025) Note: This is an unpublished Fourth...
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