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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
Not Complete on Mailing: Venue Lies Where False Instruments Are Delivered Under NRS 205.110 and NRS 239.330 Introduction In State v. DeGraffenreid, III (James) (Criminal), No. 89064 (Nev. Nov. 13,...
No Administrative Exhaustion Required for Estates of Deceased Inmates under NRS 41.0322 and NRS 209.243 Introduction In State, Department of Corrections v. Eighth Judicial District Court (Caperonis),...
Regulatory Certainty over Speculation: DEC may finalize a complete SPDES renewal without reopening for an unripe compliance project; permittee‑initiated modification and compliance schedules are the...
Moon v. County of Columbia (2025): Civil Service Law § 75(2) Representation Rights Do Not Attach to Neutral HR Fact-Finding, and Narrative Hearing Reports Can Suffice Without Charge-by-Charge Guilty...
Ohio Supreme Court Confirms No-Credit Rule for Interim Remedial Suspensions and Tightens Substance-Use Mitigation: Disciplinary Counsel v. Norton (2025-Ohio-5091) Introduction and Case Overview In...
Takings Without Borders: Ohio’s Self-Executing Takings Clause Confers Standing to Seek Mandamus for Inverse Condemnation Against a Foreign Municipality Case: State ex rel. Boggs v. Cleveland, Slip...
No Final Disclosures, No Set-Aside: Montana Supreme Court Clarifies § 40-4-253(5), MCA Requires Perjury in a Final Declaration and Sanctions Vexatious Appeals Introduction In In re the Marriage of...
Exhaustion, Heavy-Burden Remands, and Unfulfilled Threats: The Second Circuit’s Summary Order in Reyes‑Chavarria v. Bondi Introduction In Reyes‑Chavarria v. Bondi, No. 24-1315 (2d Cir. Nov. 13, 2025)...
No PSG Defined by Harm; Exhaustion Required: Second Circuit in Rojas-Toledo and the 2025 AG Reset of Domestic-Violence Asylum Law Introduction In Rojas-Toledo v. Bondi, No. 24-500 (2d Cir. Nov. 13,...
United States v. Langhorne (2d Cir. 2025): Summary Order Reaffirming Sufficiency Standards, Harmless-Error Disposition of Unpreserved Rule 702 Challenge, Confrontation Clause Limits on...
PSR Notice and “Self‑Evident” Rationales Sustain Discretionary Supervised‑Release Conditions on Plain‑Error Review: Commentary on United States v. Oliva (2d Cir. 2025) Introduction In United States...
Materialized Risks Must Be Disclosed—Second Circuit Vacates Dismissal of Securities Act Claims and Confirms Rule 8 Pleading for Negligence-Based Section 11/12 Claims (Van v. Bright Health Group,...
No Final Decision, No Federal Case: Sixth Circuit Clarifies Finality for Land‑Use and RLUIPA Claims; Code‑Enforcement Threats Are Not “Threats of Force” Under the FACE Act Introduction In Daniel...
Enforcement of Prefiling Restrictions and Waiver by Inadequate Briefing: Tenth Circuit Affirms Striking of Post‑Judgment Motion and Labels Appeal Frivolous in Massey v. Computershare Introduction In...
No Collateral Attacks on Subject-Matter Jurisdiction: Tenth Circuit reinforces res judicata and upholds fees and filing restrictions in Massey v. Computershare Introduction In Massey v. Computershare...
Rejecting Relevant Conduct Triggers § 3584’s Consecutive Default—and Underdeveloped Plain-Error Appeals Are Waived Introduction In United States v. Cerrato-Avila, No. 24-1193 (10th Cir. Nov. 13,...
Tenth Circuit Reaffirms Non‑Cognizability of Restitution Challenges Under § 2255 and Emphasizes Frye Prejudice Showing for Plea‑Bargaining IAC at the COA Stage Introduction In United States v....
Refusal to Participate in Internal Investigation Is Not Protected Activity Absent a Contemporaneous, Good‑Faith Belief of Opposing Discrimination Court: United States Court of Appeals for the Seventh...
“Appearance” Requires Readiness to Proceed: Seventh Circuit’s Nonprecedential Reaffirmation on Self-Representation, Speedy Trial Exclusions, and Sentencing Enhancements in United States v. Kevin...