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

Third Circuit Clarifies Pickering: Speculation and Routine Complaints Are Insufficient “Disruption” to Punish Off‑Campus Faculty Speech

Date: Sep 9, 2025

Third Circuit Clarifies Pickering: Speculation and Routine Complaints Are Insufficient “Disruption” to Punish Off‑Campus Faculty Speech Introduction This precedential decision from the U.S. Court of...

Punitive Damages in New York Defamation Need Not Be “Sole-Motive” Malice and Are Proven by a Preponderance: The Second Circuit’s Clarification in Carroll v. Trump

Date: Sep 9, 2025

Punitive Damages in New York Defamation Need Not Be “Sole-Motive” Malice and Are Proven by a Preponderance: The Second Circuit’s Clarification in Carroll v. Trump Introduction In Carroll v. Trump,...

Temporal Proximity Must Be Very Close: One-Year Gap and Isolated Stray Remarks Are Insufficient to Plausibly Plead Discrimination or Retaliation under Title VII, NYSHRL, and NYCHRL

Date: Sep 9, 2025

Temporal Proximity Must Be Very Close: One-Year Gap and Isolated Stray Remarks Are Insufficient to Plausibly Plead Discrimination or Retaliation under Title VII, NYSHRL, and NYCHRL Introduction This...

No Presumption of Juror Misconduct from Non‑Daily Admonitions; Smith’s Jury-Admonition Guidelines Reaffirmed and Modernized — Ushery v. State (Del. 2025)

Date: Sep 9, 2025

No Presumption of Juror Misconduct from Non‑Daily Admonitions; Smith’s Jury‑Admonition Guidelines Reaffirmed and Modernized — Ushery v. State (Del. 2025) Introduction In Ushery v. State (Del. Sept....

States Cannot Use § 3502(d) RIF Notice to Police Federal Personnel Management: Fourth Circuit Tightens Standing and Redressability in State of Maryland v. USDA

Date: Sep 9, 2025

States Cannot Use § 3502(d) RIF Notice to Police Federal Personnel Management: Fourth Circuit Tightens Standing and Redressability in State of Maryland v. USDA Introduction In a published decision,...

Banking Enforcement as a Public Right: Fifth Circuit Holds No Seventh Amendment Jury in § 1818 Proceedings and Ties Limitations Accrual to Agency Determination (Ortega v. OCC)

Date: Sep 9, 2025

Banking Enforcement as a Public Right: Fifth Circuit Holds No Seventh Amendment Jury in § 1818 Proceedings and Ties Limitations Accrual to Agency Determination Ortega v. Office of the Comptroller of...

Per-Claimant Occurrence Controls Known-Loss Exclusion: First Circuit Requires Defense of Class Action Where Post-Inception Damages Are Separate Occurrences Under Massachusetts Law

Date: Sep 9, 2025

Per-Claimant Occurrence Controls Known-Loss Exclusion: First Circuit Requires Defense of Class Action Where Post-Inception Damages Are Separate Occurrences Under Massachusetts Law Introduction In...

No Vested Right Without a Valid Permit: Sixth Circuit Affirms No Due Process or Takings Liability for Stop‑Work Order Based on Defective Application

Date: Sep 9, 2025

No Vested Right Without a Valid Permit: Sixth Circuit Affirms No Due Process or Takings Liability for Stop‑Work Order Based on Defective Application Court: U.S. Court of Appeals for the Sixth Circuit...

Harvey v. City of Reno: Abutter Access Is Limited to Easement by Necessity; No Prescriptive Rights Against the State; and Courts May Judicially Notice Recorded Highway Records on a Motion to Dismiss

Date: Sep 9, 2025

Harvey v. City of Reno: Abutter Access Is Limited to Easement by Necessity; No Prescriptive Rights Against the State; and Courts May Judicially Notice Recorded Highway Records on a Motion to Dismiss...

When a Vehicle Poses a Traffic Hazard, Police May Impound and Conduct a Caretaking Search Without Sanders Analysis — United States v. Brown (10th Cir. 2025)

Date: Sep 9, 2025

When a Vehicle Poses a Traffic Hazard, Police May Impound and Conduct a Caretaking Search Without Sanders Analysis — United States v. Brown (10th Cir. 2025) Introduction In United States v. Brown,...

Nevada Supreme Court bars “comparable verdicts” in excessive-damages review and reaffirms full contingency-fee recovery under NRCP 68: Bellomo v. Roybal

Date: Sep 9, 2025

Nevada Supreme Court bars “comparable verdicts” in excessive-damages review and reaffirms full contingency-fee recovery under NRCP 68: Bellomo v. Roybal Introduction In Bellomo v. Roybal, the Supreme...

Proper Parties, Proper Relief: Fourth Circuit Bars State Standing to Enjoin Federal Workforce Reductions Based on Missed RIF Notice

Date: Sep 9, 2025

Proper Parties, Proper Relief: Fourth Circuit Bars State Standing to Enjoin Federal Workforce Reductions Based on Missed RIF Notice Case: State of Maryland v. USDA (consolidated appeals Nos. 25-1248...

Medication-Compliance Clarifications and Reasonable‑Suspicion Digital‑Search Conditions on Supervised Release: The Second Circuit’s Guidance in United States v. Woods (Summary Order)

Date: Sep 9, 2025

Medication-Compliance Clarifications and Reasonable‑Suspicion Digital‑Search Conditions on Supervised Release: The Second Circuit’s Guidance in United States v. Woods (Summary Order) Court: U.S....

Almentero: No Fundamental Error from “And/Or” Predicate Felonies or Multi‑Victim Aiding‑and‑Abetting; Second‑Degree Not Required to Supply Causation in Felony‑Murder Instructions

Date: Sep 9, 2025

Almentero: No Fundamental Error from “And/Or” Predicate Felonies or Multi‑Victim Aiding‑and‑Abetting; Second‑Degree Not Required to Supply Causation in Felony‑Murder Instructions Case: State v....

No Texas Insurance Tort Recovery After Full Appraisal Payment Absent Independent Injury; “Excusable Neglect” Can Save a Late Notice of Appeal — Commentary on Wilhite v. Ark Royal (5th Cir. 2025)

Date: Sep 9, 2025

No Texas Insurance Tort Recovery After Full Appraisal Payment Absent Independent Injury; “Excusable Neglect” Can Save a Late Notice of Appeal — Commentary on Wilhite v. Ark Royal (5th Cir. 2025)...

Rudolph’s Rules: Tenth Circuit Defines § 3238 Venue for Extraterritorial Crimes and Confirms Forfeiture of Interest, Dividends, and Appreciation

Date: Sep 9, 2025

Rudolph’s Rules: Tenth Circuit Defines § 3238 Venue for Extraterritorial Crimes and Confirms Forfeiture of Interest, Dividends, and Appreciation Introduction In United States v. Rudolph, No. 23-1278...

Invited Error Bars Challenge to Mislabeling a Georgia First Offender Disposition; Prior Methamphetamine Possession Admissible Under Rule 404(b) to Prove Intent

Date: Sep 9, 2025

Invited Error Bars Challenge to Mislabeling a Georgia First Offender Disposition; Prior Methamphetamine Possession Admissible Under Rule 404(b) to Prove Intent Case: United States v. Jorge Rodriguez...

UTPA Administrative Subpoenas in Alaska: Probable Cause Not Required; Anonymous Tip With Corroboration Suffices To Support Attorney General’s Subpoena

Date: Sep 8, 2025

UTPA Administrative Subpoenas in Alaska: Probable Cause Not Required; Anonymous Tip With Corroboration Suffices To Support Attorney General’s Subpoena Case: Business Doe, LLC v. State of Alaska, No....

Connecticut High Court Clarifies Broker’s Post‑Placement Duties: No Duty to Relay Nonrenewal Absent Undertaking; Longstanding Relationship Alone Is Insufficient

Date: Sep 8, 2025

Connecticut High Court Clarifies Broker’s Post‑Placement Duties: No Duty to Relay Nonrenewal Absent Undertaking; Longstanding Relationship Alone Is Insufficient Introduction In Deer v. National...

Connecticut Supreme Court Clarifies: No Post‑Procurement Common‑Law Duty for Insurance Agents To Warn of Impending Cancellation/Nonrenewal; Dissent Proposes a Continuing Duty To Inform

Date: Sep 8, 2025

Connecticut Supreme Court Clarifies: No Post‑Procurement Common‑Law Duty for Insurance Agents To Warn of Impending Cancellation/Nonrenewal; Dissent Proposes a Continuing Duty To Inform Note: This...

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