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

New York Appellate Sanctions for AI-Hallucinated Citations: A Nondelegable Duty to Verify Legal Authorities

Date: Jan 9, 2026

New York Appellate Sanctions for AI-Hallucinated Citations: A Nondelegable Duty to Verify Legal Authorities 1. Introduction Deutsche Bank Natl. Trust Co. v LeTennier (2026 NY Slip Op 00040 [3d Dept...

People v. Clay: No Brady Violation (and No CPL 440.10 Hearing) Where an Allegedly Withheld Photograph Is Not Shown to Be in the People’s Possession and Would Be Inculpatory

Date: Jan 9, 2026

People v. Clay: No Brady Violation (and No CPL 440.10 Hearing) Where an Allegedly Withheld Photograph Is Not Shown to Be in the People’s Possession and Would Be Inculpatory Court: Appellate Division,...

People v. Bjork: Narrow Grounds to Reopen Suppression Hearings, Limits on “Homicide” Opinions, and What Counts as a Meaningful Jury-Note Response

Date: Jan 9, 2026

People v. Bjork: Narrow Grounds to Reopen Suppression Hearings, Limits on “Homicide” Opinions, and What Counts as a Meaningful Jury-Note Response Introduction In People v Bjork (Appellate Division,...

Final Dismissals of NRS 432B Child-Protection Petitions Are Appealable Final Judgments Under NRAP 3A(b)(1)

Date: Jan 9, 2026

Final Dismissals of NRS 432B Child-Protection Petitions Are Appealable Final Judgments Under NRAP 3A(b)(1) 1. Introduction In IN RE: N.D., G.D. AND M.D. (FAMILY), 142 Nev., Advance Opinion 2 (Jan. 8,...

Promise-to-File Brief Rule: BIA May Summarily Dismiss and Reject Late Briefs Absent Persuasive Evidence of a Timely Extension Request

Date: Jan 9, 2026

Promise-to-File Brief Rule: BIA May Summarily Dismiss and Reject Late Briefs Absent Persuasive Evidence of a Timely Extension Request 1. Introduction Case: Allaico-Murudumbay v. Bondi, No. 23-7365...

Eleventh Circuit: § 922(g)(1) As-Applied Second Amendment Challenges by Nonviolent Felons Remain Foreclosed

Date: Jan 9, 2026

Eleventh Circuit Rule: Nonviolent-Felon As-Applied Second Amendment Challenges to 18 U.S.C. § 922(g)(1) Are Foreclosed by Rozier and Dubois II Despite Bondi and Florida Commissioner Introduction In...

Post-Bruen/Rehimi Felon-in-Possession Challenges Remain Foreclosed in the Eleventh Circuit; Brief § 3553(c)(2) Variance Explanations Suffice When the Record Is Clear

Date: Jan 9, 2026

Post-Bruen/Rahimi Felon-in-Possession Challenges Remain Foreclosed in the Eleventh Circuit; Brief § 3553(c)(2) Variance Explanations Suffice When the Record Is Clear Case: United States v. Randall...

Autobiographical “Fiction” as Intrinsic Evidence “Necessary to Complete the Story” of a Drug Conspiracy

Date: Jan 9, 2026

Autobiographical “Fiction” as Intrinsic Evidence “Necessary to Complete the Story” of a Drug Conspiracy Introduction In United States v. Kenneth Pertillo (11th Cir. Jan. 8, 2026) (unpublished), the...

Estate of O'Neill (2026 S.D. 1): Collateral Estoppel Cannot Conclusively Establish Prior Credibility Findings in a Different Case

Date: Jan 9, 2026

Collateral Estoppel Requires Identical, Essential Issues—Prior Credibility Findings Cannot Be Treated as Conclusive in a Separate Undue-Influence Will Contest Case: In the Matter of the Estate of...

Reasonable Reunification Efforts for Incarcerated Parents: Child Permanency Justifies Switching from Reunification to Adoption

Date: Jan 9, 2026

Reasonable Reunification Efforts for Incarcerated Parents: Child Permanency Justifies Switching from Reunification to Adoption 1. Introduction In In the Interest Of: DC, minor child, AC v. The State...

VUTSA Damages: No Burden-Shifting—Plaintiff Must Prove Causation and Amount; Royalty Is the Statutory Backstop

Date: Jan 9, 2026

VUTSA Damages: No Burden-Shifting—Plaintiff Must Prove Causation and Amount; Royalty Is the Statutory Backstop Case: Appian Corporation v. Pegasystems, Inc. Court: Supreme Court of Virginia Date:...

SCUSRAP Fully Supersedes the Common-Law Rule: No Perpetuities Limit Applies to Nondonative Nonvested Interests Excluded by § 27-6-50

Date: Jan 9, 2026

SCUSRAP Fully Supersedes the Common-Law Rule: No Perpetuities Limit Applies to Nondonative Nonvested Interests Excluded by § 27-6-50 Case: Spring Valley Interests, LLC v. The Best for Last, LLC (S.C....

Implied Temporary Caretaking Triggers U.S.S.G. § 2A3.2(b)(1) When a Guardian Entrusts a Minor for Overnight Visits

Date: Jan 9, 2026

Implied Temporary Caretaking Triggers U.S.S.G. § 2A3.2(b)(1) When a Guardian Entrusts a Minor for Overnight Visits 1. Introduction In United States v. Chumwalooky (10th Cir. Jan. 7, 2026)...

§ 3582(c)(2) Amendment 821 Reductions: Prior § 3553(a) Variances Cannot Expand the § 1B1.10(b)(2)(B) Substantial-Assistance Exception

Date: Jan 9, 2026

§ 3582(c)(2) Amendment 821 Reductions: Prior § 3553(a) Variances Cannot Expand the § 1B1.10(b)(2)(B) Substantial-Assistance Exception Introduction In United States v. Wayne Duke (11th Cir. Jan. 7,...

Soil Friends: Appellate Abandonment of “Clearly Established” Arguments Affirms Qualified Immunity and Allows Reliance on Plaintiffs’ Disavowal of Monell Liability

Date: Jan 9, 2026

Soil Friends: Appellate Abandonment of “Clearly Established” Arguments Affirms Qualified Immunity and Allows Reliance on Plaintiffs’ Disavowal of Monell Liability Case: Soil Friends, LLC v. Charter...

Vague, Non-Physical Sexual Comments and Long-Running Complaints: Insufficient for “Severe or Pervasive” Harassment and for Retaliation Causation Without Additional Evidence

Date: Jan 9, 2026

Vague, Non-Physical Sexual Comments and Long-Running Complaints: Insufficient for “Severe or Pervasive” Harassment and for Retaliation Causation Without Additional Evidence Case: Lorna Vinsant v. WNB...

State v. Frandsen: Text Exhibits Must Be Redacted for Unnoticed 404(b) “Other Acts” Even When Admitted for a Non-Hearsay Purpose; Prior Acquaintance Alone Does Not Establish Juror Bias

Date: Jan 9, 2026

State v. Frandsen: Text Exhibits Must Be Redacted for Unnoticed 404(b) “Other Acts” Even When Admitted for a Non-Hearsay Purpose; Prior Acquaintance Alone Does Not Establish Juror Bias Court: Supreme...

MDLEA Jurisdiction in Foreign EEZs: EEZ Treated as “High Seas,” Broad Stateless-Vessel Definition, and No U.S. Nexus Requirement

Date: Jan 9, 2026

MDLEA Jurisdiction in Foreign EEZs: EEZ Treated as “High Seas,” Broad Stateless-Vessel Definition, and No U.S. Nexus Requirement Case: United States v. Ronald Arregoces Barros (11th Cir. Jan. 7,...

Johnson v. Baltimore Police Department: Plausible Title VII Comparator Pleading Does Not Require a One-to-One Misconduct Match at Rule 12(b)(6)

Date: Jan 9, 2026

Johnson v. Baltimore Police Department: Plausible Title VII Comparator Pleading Does Not Require a One-to-One Misconduct Match at Rule 12(b)(6) Court: United States Court of Appeals for the Fourth...

U.S.S.G. § 1B1.3(c) Limits Only Acquitted-Conduct Use: Relevant Conduct Beyond the Plea Remains Proper (United States v. Phillip Howard)

Date: Jan 9, 2026

U.S.S.G. § 1B1.3(c) Limits Only Acquitted-Conduct Use: Relevant Conduct Beyond the Plea Remains Proper Case: United States v. Phillip Howard (11th Cir., Jan. 7, 2026) (per curiam) (not for...

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