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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

Aesthetic Architectural Review, Vagueness, and Land-Use § 1983 Claims in New York: Commentary on Ahmed v. Incorporated Village of Scarsdale

Aesthetic Architectural Review, Vagueness, and Land-Use § 1983 Claims in New York: Commentary on Ahmed v. Incorporated Village of Scarsdale

Date: Dec 20, 2025
Aesthetic Architectural Review, Vagueness, and Land-Use § 1983 Claims in New York: Commentary on Ahmed v. Incorporated Village of Scarsdale I. Introduction Ahmed v. Inc. Vil. of Scarsdale, 2025 NY...
Jurisdictional Discovery, Sanctions, and Collateral Estoppel in Diversity Litigation: Commentary on Brown v. Montgomery

Jurisdictional Discovery, Sanctions, and Collateral Estoppel in Diversity Litigation: Commentary on Brown v. Montgomery

Date: Dec 20, 2025
Jurisdictional Discovery Sanctions and the Limits of Collateral Estoppel in Diversity Cases: Commentary on Brown v. Montgomery Commentary on: Kimberly Jean Brown v. Michelle Montgomery, et al., No....
United States v. Collins: Limits on Post‑Investigation Tax Compliance and Hearsay‑Based Expert Testimony in Proving Willfulness

United States v. Collins: Limits on Post‑Investigation Tax Compliance and Hearsay‑Based Expert Testimony in Proving Willfulness

Date: Dec 20, 2025
United States v. Collins: Limits on Post‑Investigation Tax Compliance and Hearsay‑Based Expert Testimony in Proving Willfulness I. Introduction The Seventh Circuit’s decision in United States v....
Rescission Is Unavailable for a Fully Performed Controller-Conflicted Compensation Grant Absent Feasible Status-Quo Restoration; Plaintiff Bears the Burden and Remedy Defaults to Nominal Damages with Quantum-Meruit Fees

Rescission Is Unavailable for a Fully Performed Controller-Conflicted Compensation Grant Absent Feasible Status-Quo Restoration; Plaintiff Bears the Burden and Remedy Defaults to Nominal Damages with Quantum-Meruit Fees

Date: Dec 20, 2025
Rescission Is Unavailable for a Fully Performed Controller-Conflicted Compensation Grant Absent Feasible Status-Quo Restoration; Plaintiff Bears the Burden and Remedy Defaults to Nominal Damages with...
Requiring Concrete Good Cause to Admit Hearsay at Supervised Release Revocation Hearings: Commentary on United States v. Pennycooke

Requiring Concrete Good Cause to Admit Hearsay at Supervised Release Revocation Hearings: Commentary on United States v. Pennycooke

Date: Dec 20, 2025
Requiring Concrete Good Cause to Admit Hearsay at Supervised Release Revocation Hearings: Commentary on United States v. Pennycooke I. Introduction This commentary analyzes the Third Circuit’s...
Heck, De Novo Appeals, and “Outstanding Convictions”: Commentary on Kleinman v. City of Cedar Park

Heck, De Novo Appeals, and “Outstanding Convictions”: Commentary on Kleinman v. City of Cedar Park

Date: Dec 20, 2025
Heck, De Novo Appeals, and “Outstanding Convictions”: Commentary on Kleinman v. City of Cedar Park I. Introduction In Kleinman v. City of Cedar Park, No. 25‑50260 (5th Cir. Dec. 19, 2025), the United...
Delaware Supreme Court: 13 Del. C. § 705A Domestic-Violence Custody Presumption Is Inapplicable in Termination-of-Parental-Rights Proceedings

Delaware Supreme Court: 13 Del. C. § 705A Domestic-Violence Custody Presumption Is Inapplicable in Termination-of-Parental-Rights Proceedings

Date: Dec 20, 2025
Delaware Supreme Court: 13 Del. C. § 705A Domestic-Violence Custody Presumption Is Inapplicable in Termination-of-Parental-Rights Proceedings Introduction In Roy Harris v. Department of Services for...
Actual Receipt of Citation, Not Mere Knowledge of Suit: The Texas Supreme Court Recalibrates the Craddock Doctrine in Default Divorce Judgments

Actual Receipt of Citation, Not Mere Knowledge of Suit: The Texas Supreme Court Recalibrates the Craddock Doctrine in Default Divorce Judgments

Date: Dec 20, 2025
Actual Receipt of Citation, Not Mere Knowledge of Suit: The Texas Supreme Court Recalibrates the Craddock Doctrine in Default Divorce Judgments I. Introduction The Supreme Court of Texas’s per curiam...
Younger v. Gross and the Poulis Framework: Affirming Rule 41(b) Dismissals of Pro Se § 1983 Actions

Younger v. Gross and the Poulis Framework: Affirming Rule 41(b) Dismissals of Pro Se § 1983 Actions

Date: Dec 20, 2025
Younger v. Gross and the Poulis Framework: Affirming Rule 41(b) Dismissals of Pro Se § 1983 Actions I. Introduction The Third Circuit’s nonprecedential per curiam opinion in Christopher Younger v. R....
Control, Not Mere Beneficiary Status, as the Test of “Property” in Rule B Maritime Attachments, and Liberal Leave to Amend: Commentary on CH Offshore v. Mexiship Ocean (5th Cir. 2025)

Control, Not Mere Beneficiary Status, as the Test of “Property” in Rule B Maritime Attachments, and Liberal Leave to Amend: Commentary on CH Offshore v. Mexiship Ocean (5th Cir. 2025)

Date: Dec 20, 2025
Control, Not Mere Beneficiary Status, as the Test of “Property” in Rule B Maritime Attachments, and Liberal Leave to Amend: Commentary on CH Offshore v. Mexiship Ocean (5th Cir. 2025) I. Introduction...
Evident Partiality in Contractual Appraisals: Duty to Disclose Pre‑Appointment Case Communications by Prospective Neutral Appraisers

Evident Partiality in Contractual Appraisals: Duty to Disclose Pre‑Appointment Case Communications by Prospective Neutral Appraisers

Date: Dec 20, 2025
Evident Partiality in Contractual Appraisals: Duty to Disclose Pre‑Appointment Case Communications by Prospective Neutral Appraisers I. Introduction In Kevin Burke, et al. v. Houston PT BAC Office...
Evidentiary Use of Post‑Offense Firearm Videos and Victim Contact Testimony to Prove § 924(c) “Firearm” in Carjacking Cases: Commentary on United States v. Righter (3d Cir. 2025)

Evidentiary Use of Post‑Offense Firearm Videos and Victim Contact Testimony to Prove § 924(c) “Firearm” in Carjacking Cases: Commentary on United States v. Righter (3d Cir. 2025)

Date: Dec 20, 2025
Evidentiary Use of Post‑Offense Firearm Videos and Victim Contact Testimony to Prove § 924(c) “Firearm” in Carjacking Cases: Commentary on United States v. Keenan Righter (3d Cir. 2025) Court: United...
LIA Network v. City of Kerrville: Evidence‑Based Intermediate Scrutiny and Narrow As‑Applied Relief in Pre‑Enforcement First Amendment Challenges

LIA Network v. City of Kerrville: Evidence‑Based Intermediate Scrutiny and Narrow As‑Applied Relief in Pre‑Enforcement First Amendment Challenges

Date: Dec 20, 2025
LIA Network v. City of Kerrville: Evidence‑Based Intermediate Scrutiny and Narrow As‑Applied Relief in Pre‑Enforcement First Amendment Challenges I. Introduction In LIA Network v. City of Kerrville,...
Helping vs. Harming: The Eleventh Circuit Narrows Subjective Recklessness in Pretrial Detainee Suicide Cases

Helping vs. Harming: The Eleventh Circuit Narrows Subjective Recklessness in Pretrial Detainee Suicide Cases

Date: Dec 19, 2025
Helping vs. Harming: The Eleventh Circuit Narrows Subjective Recklessness in Pretrial Detainee Suicide Cases I. Introduction The Eleventh Circuit’s published decision in Racheal Gantt v. Deputy...
State v. Andersen and the Presumption of Prejudice from Court-Staff Comments on Evidence During Jury Deliberations

State v. Andersen and the Presumption of Prejudice from Court-Staff Comments on Evidence During Jury Deliberations

Date: Dec 19, 2025
State v. Andersen and the Presumption of Prejudice from Court-Staff Comments on Evidence During Jury Deliberations I. Introduction In State v. Andersen, 2025 MT 293, the Montana Supreme Court...
Carelon Behavioral Health, Inc. v. State: No Declaratory or Mandamus Work‑Around to the Procurement Act’s Bar on Judicial Review

Carelon Behavioral Health, Inc. v. State: No Declaratory or Mandamus Work‑Around to the Procurement Act’s Bar on Judicial Review

Date: Dec 19, 2025
Carelon Behavioral Health, Inc. v. State of Idaho: No Declaratory or Mandamus Work‑Around to the Procurement Act’s Bar on Judicial Review I. Introduction In Carelon Behavioral Health, Inc. v. State,...
Moore‑Reed v. Griffin: Limiting the Exoneration Requirement in Criminal‑Defense Malpractice to Conviction‑Based Harms

Moore‑Reed v. Griffin: Limiting the Exoneration Requirement in Criminal‑Defense Malpractice to Conviction‑Based Harms

Date: Dec 19, 2025
Moore‑Reed v. Griffin: Limiting the Exoneration Requirement in Criminal‑Defense Malpractice to Conviction‑Based Harms Court: Supreme Court of Oregon (En Banc) Citation: 374 Or 596 (2025) Date:...
Specific Jurisdiction and Divergent Streams of Commerce: The Nevada Supreme Court Adopts an End‑Product / Derivative‑Product Framework in Franceschi v. LG Chem

Specific Jurisdiction and Divergent Streams of Commerce: The Nevada Supreme Court Adopts an End‑Product / Derivative‑Product Framework in Franceschi v. LG Chem

Date: Dec 19, 2025
Specific Jurisdiction and Divergent Streams of Commerce: The Nevada Supreme Court Adopts an End‑Product / Derivative‑Product Framework in Franceschi v. LG Chem I. Introduction In Franceschi v. LG...
Delayed Disclosure, Context Evidence, and Expert–Lay Boundaries in Child Sexual Abuse Trials: Commentary on Airan Hernandez Mendez v. Commonwealth of Kentucky

Delayed Disclosure, Context Evidence, and Expert–Lay Boundaries in Child Sexual Abuse Trials: Commentary on Airan Hernandez Mendez v. Commonwealth of Kentucky

Date: Dec 19, 2025
Delayed Disclosure, Context Evidence, and Expert–Lay Boundaries in Child Sexual Abuse Trials: Commentary on Airan Hernandez Mendez v. Commonwealth of Kentucky I. Introduction In Airan Hernandez...
Indivisibility of Patient Safety Work Product and Limits on Peer Review Privilege: Commentary on Baptist Healthcare System, Inc. d/b/a Baptist Health Paducah v. Kitchen

Indivisibility of Patient Safety Work Product and Limits on Peer Review Privilege: Commentary on Baptist Healthcare System, Inc. d/b/a Baptist Health Paducah v. Kitchen

Date: Dec 19, 2025
Indivisibility of Patient Safety Work Product and Limits on Peer Review Privilege in Kentucky: Commentary on Baptist Healthcare System, Inc. d/b/a Baptist Health Paducah v. Kitchen Supreme Court of...
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