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

Tennessee “Statutory Employer” Doctrine: Vendors Are Not “Subcontractors” Under Tenn. Code Ann. § 50-6-113(a) Absent Predominantly Service-Based Work

Date: Dec 23, 2025

Tennessee “Statutory Employer” Doctrine: Vendors Are Not “Subcontractors” Under Tenn. Code Ann. § 50-6-113(a) Absent Predominantly Service-Based Work 1. Introduction Case: Brian Coblentz et al. v....

Nonreceipt of Alternative-Service Citation Satisfies Craddock’s “No Conscious Indifference” Element Despite Knowledge of the Lawsuit

Date: Dec 23, 2025

Nonreceipt of Alternative-Service Citation Satisfies Craddock’s “No Conscious Indifference” Element Despite Knowledge of the Lawsuit I. Introduction JENNA TABAKMAN v. GARY TABAKMAN is a...

Rule 29.3 Stays Against the State: Appellate Courts Must Consider Likely Merits, Balance Harms, and Have Reasonable Time to Decide

Date: Dec 23, 2025

Rule 29.3 Stays Against the State: Appellate Courts Must Consider Likely Merits, Balance Harms, and Have Reasonable Time to Decide I. Introduction Case: In re Ken Paxton and the Office of the...

Tennessee Workers’ Compensation: (1) De Novo Review of Factual Findings Regardless of Deposition vs. Live Proof; (2) “Aggravation” Is Compensable Without Permanent Worsening if Statutory >50% Causation Is Met

Date: Dec 23, 2025

Tennessee Workers’ Compensation: (1) De Novo Review of Factual Findings Regardless of Deposition vs. Live Proof; (2) “Aggravation” Is Compensable Without Permanent Worsening if Statutory >50%...

People v. Havens (2025 CO 65): No Crim. P. 16 “Failure-to-Record” Report Requirement and Mandatory Opportunity to Rebut BWC Inadmissibility Presumption

Date: Dec 23, 2025

People v. Havens (2025 CO 65): No Crim. P. 16 “Failure-to-Record” Report Requirement and Mandatory Opportunity to Rebut BWC Inadmissibility Presumption Court: Colorado Supreme Court (en banc) Date:...

Craddock Relief When a Defendant Lacks Actual Notice After Alternative Service and Appears Before the Decree Is Signed

Date: Dec 23, 2025

Craddock Relief When a Defendant Lacks Actual Notice After Alternative Service and Appears Before the Decree Is Signed Supreme Court of Texas (Per Curiam) — Default divorce; alternative service;...

Faulk v. Owens Corning: Fifth Circuit Clarifies Limits on Title VII Protected Activity and Comparator Evidence

Date: Dec 22, 2025

Faulk v. Owens Corning: Fifth Circuit Clarifies Limits on Title VII Protected Activity and Comparator Evidence 1. Introduction In Faulk v. Owens Corning Roofing and Asphalt, L.L.C., No. 25‑10356 (5th...

Moral Victories Are Not Merits Victories: The Fifth Circuit Narrows ERISA Fee Awards in Cloud v. NFL Player Retirement Plan

Date: Dec 22, 2025

Moral Victories Are Not Merits Victories: The Fifth Circuit Narrows ERISA Fee Awards in Cloud v. NFL Player Retirement Plan I. Introduction The Fifth Circuit’s decision in Cloud v. Bert Bell/Pete...

Reasonable Diligence Without Formal Extradition: The Fourth Circuit’s Speedy Trial Framework for Defendants Imprisoned Abroad in United States v. Umar Chaudhry

Date: Dec 22, 2025

Reasonable Diligence Without Formal Extradition: The Fourth Circuit’s Speedy Trial Framework for Defendants Imprisoned Abroad in United States v. Umar Chaudhry I. Introduction In United States v....

Nicholson v. Durant: Fair-Notice Pleading and Supplemental Jurisdiction for Alternative State-Law Gross Negligence Theories

Date: Dec 22, 2025

Nicholson v. Durant: Fair-Notice Pleading and Supplemental Jurisdiction for Alternative State-Law Gross Negligence Theories I. Introduction The Fourth Circuit’s published decision in Jawone D....

Intended Loss, Sophisticated Means, and Multi‑Object Money‑Laundering Conspiracies in the Fourth Circuit: Commentary on United States v. Anyanwu

Date: Dec 22, 2025

Intended Loss, Sophisticated Means, and Multi‑Object Money‑Laundering Conspiracies in the Fourth Circuit: A Commentary on United States v. Kaodichimma Anyanwu (4th Cir. Dec. 18, 2025) (Unpublished)...

Rescission, Status Quo Ante, and Nominal Damages: The Delaware Supreme Court’s Remedial Turn in In re Tesla, Inc. Derivative Litigation

Date: Dec 22, 2025

Rescission, Status Quo Ante, and Nominal Damages: The Delaware Supreme Court’s Remedial Turn in In re Tesla, Inc. Derivative Litigation I. Introduction The Delaware Supreme Court’s en banc decision...

Limiting the Domestic‑Violence Custody Presumption to Custody Cases: Harris v. DSCYF and Due Process in Delaware Termination of Parental Rights Proceedings

Date: Dec 22, 2025

Limiting the Domestic‑Violence Custody Presumption to Custody Cases: Roy Harris v. DSCYF and Due Process in Delaware Termination of Parental Rights I. Introduction The Delaware Supreme Court’s order...

Limits on Delaware’s Long-Arm Jurisdiction Over Out-of-State Auto Insurers in First-Party UIM Claims: Commentary on James E. Berry v. State Farm Mutual Automobile Insurance Company

Date: Dec 22, 2025

Limits on Delaware’s Long-Arm Jurisdiction Over Out-of-State Auto Insurers in First-Party UIM Claims: Commentary on James E. Berry v. State Farm Mutual Automobile Insurance Company I. Introduction...

No Forced Trade-Off Between Speedy Trial and Confrontation Rights: Commentary on Boykin v. State (Del. 2025)

Date: Dec 22, 2025

No Forced Trade-Off Between Speedy Trial and Confrontation Rights: A Commentary on Boykin v. State (Delaware Supreme Court, Dec. 17, 2025) I. Introduction The Delaware Supreme Court’s decision in...

State v. Sylvester: Vermont Tightens the Standard for Child-Witness Accommodations Under V.R.E. 807 and Clarifies Appellate Review

Date: Dec 22, 2025

State v. Sylvester: Vermont Tightens the Standard for Child-Witness Accommodations Under V.R.E. 807 and Clarifies Appellate Review I. Introduction In State v. Anna Sylvester, 2025 VT 69 (Dec. 19,...

Public-Information Officers as Non‑Delegable Records Custodians under Ohio’s Public Records Act: Commentary on State ex rel. Whitfield v. Burkhart

Date: Dec 22, 2025

Public-Information Officers as Non‑Delegable Records Custodians under Ohio’s Public Records Act: Commentary on State ex rel. Whitfield v. Burkhart, 2025‑Ohio‑5612 I. Introduction In State ex rel....

Clarifying Redaction Exemptions and Remedies under Ohio’s Public Records Act: Commentary on State ex rel. Mauk v. Sheldon, 2025-Ohio-5611

Date: Dec 22, 2025

Clarifying Redaction Exemptions and Remedies under Ohio’s Public Records Act: Commentary on State ex rel. Mauk v. Sheldon, 2025-Ohio-5611 I. Introduction The Supreme Court of Ohio’s decision in State...

Self-Admitted Error Is Not Enough: Strategic Trial Decisions and Ineffective Assistance After State v. Keadle

Date: Dec 22, 2025

Self-Admitted Error Is Not Enough: Strategic Trial Decisions and Ineffective Assistance After State v. Keadle I. Introduction The Nebraska Supreme Court’s decision in State v. Keadle, 320 Neb. 583...

No Appellate Jurisdiction Without a Single Written Judgment Covering All Parties: Commentary on Continental Indemnity Co. v. Starr Indemnity & Liability Co.

Date: Dec 21, 2025

No Appellate Jurisdiction Without a Single Written Judgment Covering All Parties: A Commentary on Continental Indemnity Co. v. Starr Indemnity & Liability Co., 320 Neb. 574 (2025) I. Introduction The...

Previous Next