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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

“Timely Amendment” Under the Alabama Medical Liability Act: Commentary on Ex parte Coosa Valley Medical Center (SC‑2024‑0767) and Ex parte Marble City Family Care & Obstetrics (SC‑2024‑0770)

“Timely Amendment” Under the Alabama Medical Liability Act: Commentary on Ex parte Coosa Valley Medical Center (SC‑2024‑0767) and Ex parte Marble City Family Care & Obstetrics (SC‑2024‑0770)

Date: Dec 15, 2025
“Timely Amendment” Under the Alabama Medical Liability Act: Commentary on Ex parte Coosa Valley Medical Center and Ex parte Marble City Family Care & Obstetrics, P.C. I. Introduction This decision...
No Automatic Vacatur of Domesticated Foreign Judgments Upon Reversal in the Rendering State: Commentary on Shumate v. Berry Contracting, L.P.

No Automatic Vacatur of Domesticated Foreign Judgments Upon Reversal in the Rendering State: Commentary on Shumate v. Berry Contracting, L.P.

Date: Dec 15, 2025
No Automatic Vacatur of Domesticated Foreign Judgments Upon Reversal in the Rendering State Commentary on Shumate v. Berry Contracting, L.P., Supreme Court of Alabama (Dec. 12, 2025) I. Introduction...
No Waiver of State-Court Venue Objections When Removal Makes the Defense “Unavailable”: Commentary on Benchmark Insurance Co. v. Harris

No Waiver of State-Court Venue Objections When Removal Makes the Defense “Unavailable”: Commentary on Benchmark Insurance Co. v. Harris

Date: Dec 15, 2025
No Waiver of State-Court Venue Objections When Removal Makes the Defense “Unavailable” Commentary on Benchmark Insurance Company, et al. v. Harris, Supreme Court of Mississippi (Dec. 11, 2025) I....
No Automatic Attorney’s Fees on Rule 41(a)(2) Dismissal With Prejudice: Busby v. Lamar and the Limits of Curative Conditions in Mississippi

No Automatic Attorney’s Fees on Rule 41(a)(2) Dismissal With Prejudice: Busby v. Lamar and the Limits of Curative Conditions in Mississippi

Date: Dec 15, 2025
No Automatic Attorney’s Fees on Rule 41(a)(2) Dismissal With Prejudice: Busby v. Lamar and the Limits of Curative Conditions in Mississippi I. Introduction The Supreme Court of Mississippi’s decision...
Prospective Constitutional Relief, State Officers, and the Court of Claims Act Notice Provision: Commentary on Michigan Immigrant Rights Center v. Governor

Prospective Constitutional Relief, State Officers, and the Court of Claims Act Notice Provision: Commentary on Michigan Immigrant Rights Center v. Governor

Date: Dec 14, 2025
Prospective Constitutional Relief, State Officers, and the Court of Claims Act Notice Provision: Commentary on Michigan Immigrant Rights Center v. Governor I. Introduction The Michigan Supreme...
Procedural Management of Complex Infrastructure Litigation: The Michigan Supreme Court’s Time‑Extension Order in Dubrulle v. Great Lakes Water Authority

Procedural Management of Complex Infrastructure Litigation: The Michigan Supreme Court’s Time‑Extension Order in Dubrulle v. Great Lakes Water Authority

Date: Dec 14, 2025
Procedural Management of Complex Infrastructure Litigation: The Michigan Supreme Court’s Time‑Extension Order in Dubrulle v. Great Lakes Water Authority I. Introduction The document reproduced above...
Reassignment Without Disqualification: The Nevada Supreme Court’s Use of Supervisory Authority to Protect the Presumption of Innocence in Williams v. District Court

Reassignment Without Disqualification: The Nevada Supreme Court’s Use of Supervisory Authority to Protect the Presumption of Innocence in Williams v. District Court

Date: Dec 14, 2025
Reassignment Without Disqualification: The Nevada Supreme Court’s Use of Supervisory Authority to Protect the Presumption of Innocence in Williams v. District Court I. Introduction The Nevada Supreme...
Zavalza v. State and the Nevada Supreme Court’s Tightening of Harmless Error, Lost Evidence, and Non‑Traditional Expert Standards

Zavalza v. State and the Nevada Supreme Court’s Tightening of Harmless Error, Lost Evidence, and Non‑Traditional Expert Standards

Date: Dec 14, 2025
Zavalza v. State and the Nevada Supreme Court’s Tightening of Harmless Error, Lost Evidence, and Non‑Traditional Expert Standards Introduction In Julius Edward Zavalza v. State of Nevada, No. 89057,...
Broad Reach, Prospective Application: Vermont’s Medical‑Monitoring Statute Covers Out‑of‑State Releases but Not Pre‑2022 Exposures

Broad Reach, Prospective Application: Vermont’s Medical‑Monitoring Statute Covers Out‑of‑State Releases but Not Pre‑2022 Exposures

Date: Dec 14, 2025
Broad Reach, Prospective Application: Vermont’s Medical‑Monitoring Statute Covers Out‑of‑State Releases but Not Pre‑2022 Exposures I. Introduction In Amber Neddo, as Guardian & Next Friend to Z.N.,...
Single-Plant Determinations, Vested Rights, and Administrative Preclusion in Vermont's Renewable Energy Siting: Commentary on In re Petition of Otter Creek Solar LLC (2025 VT 65)

Single-Plant Determinations, Vested Rights, and Administrative Preclusion in Vermont's Renewable Energy Siting: Commentary on In re Petition of Otter Creek Solar LLC (2025 VT 65)

Date: Dec 14, 2025
Single-Plant Determinations, Vested Rights, and Administrative Preclusion in Vermont's Renewable Energy Siting: Commentary on In re Petition of Otter Creek Solar LLC, 2025 VT 65 I. Introduction The...
Reaffirming Person-Specific Mootness: In re Appeal of H.D. and the Limits of the “Capable of Repetition, Yet Evading Review” Exception in Vermont Emergency Housing Appeals

Reaffirming Person-Specific Mootness: In re Appeal of H.D. and the Limits of the “Capable of Repetition, Yet Evading Review” Exception in Vermont Emergency Housing Appeals

Date: Dec 14, 2025
Reaffirming Person-Specific Mootness: In re Appeal of H.D. (DCF, Appellant) and the Limits of the “Capable of Repetition, Yet Evading Review” Exception I. Introduction The Vermont Supreme Court’s...
United States v. Williams: Evidentiary Demands for “Extraordinary and Compelling” Medical Circumstances in Compassionate Release

United States v. Williams: Evidentiary Demands for “Extraordinary and Compelling” Medical Circumstances in Compassionate Release

Date: Dec 14, 2025
United States v. Williams: Evidentiary Demands for “Extraordinary and Compelling” Medical Circumstances in Compassionate Release I. Introduction In United States v. Troy H. Williams, No. 25-3241 (6th...
Deference to Jail Medical Staff and the “Highly Probable Risk” Standard in Pretrial Detainee Medical-Care Claims: Commentary on Hehrer v. County of Clinton

Deference to Jail Medical Staff and the “Highly Probable Risk” Standard in Pretrial Detainee Medical-Care Claims: Commentary on Hehrer v. County of Clinton

Date: Dec 14, 2025
Deference to Jail Medical Staff and the “Highly Probable Risk” Standard in Pretrial Detainee Medical-Care Claims: Commentary on Hehrer v. County of Clinton I. Introduction The Sixth Circuit’s...
Defining “Essential Employees” in Pandemic Workers’ Compensation: Commentary on Giuseppe Amato v. Township of Ocean School District

Defining “Essential Employees” in Pandemic Workers’ Compensation: Commentary on Giuseppe Amato v. Township of Ocean School District

Date: Dec 14, 2025
Defining “Essential Employees” in Pandemic Workers’ Compensation: Commentary on Giuseppe Amato v. Township of Ocean School District I. Introduction The New Jersey Supreme Court’s per curiam decision...
Clarifying Continuance Review and Ineffective Assistance in Nebraska Juvenile Delinquency Proceedings: Commentary on In re Interest of Jerel S.

Clarifying Continuance Review and Ineffective Assistance in Nebraska Juvenile Delinquency Proceedings: Commentary on In re Interest of Jerel S.

Date: Dec 14, 2025
Clarifying Continuance Review and Ineffective Assistance in Nebraska Juvenile Delinquency Proceedings: Commentary on In re Interest of Jerel S. I. Introduction The Nebraska Supreme Court’s decision...
State v. Rupp: Nebraska Clarifies Specificity Requirements for Ineffective-Assistance Claims on Direct Appeal

State v. Rupp: Nebraska Clarifies Specificity Requirements for Ineffective-Assistance Claims on Direct Appeal

Date: Dec 14, 2025
State v. Rupp: Nebraska Clarifies How Specifically Ineffective-Assistance Claims Must Be Pleaded on Direct Appeal I. Introduction In State v. Rupp, 320 Neb. 502 (Dec. 12, 2025), the Nebraska Supreme...
Implied Student–University Contracts, Transcript Rights, and PREP Act Preemption: Commentary on Ramaekers v. Creighton University

Implied Student–University Contracts, Transcript Rights, and PREP Act Preemption: Commentary on Ramaekers v. Creighton University

Date: Dec 14, 2025
Implied Student–University Contracts, Transcript Rights, and PREP Act Preemption: Commentary on Ramaekers v. Creighton University I. Introduction In Ramaekers v. Creighton University, 320 Neb. 478...

    Double Counting Future Business Income in Divorce: When a Business Buyout and Earning Capacity Eliminate the Need for Traditional Spousal Support — In re Marriage of Owen & Brinker (Iowa 2025)

Double Counting Future Business Income in Divorce: When a Business Buyout and Earning Capacity Eliminate the Need for Traditional Spousal Support — In re Marriage of Owen & Brinker (Iowa 2025)

Date: Dec 14, 2025
Double Counting Future Business Income in Divorce: When a Business Buyout and Earning Capacity Eliminate the Need for Traditional Spousal Support — In re Marriage of Owen & Brinker (Iowa 2025) I....
Iowa Rule 1.413 Sanctions Cannot Include Dismissal: Commentary on In re the Marriage of Matthew Kraus and Molly Kraus

Iowa Rule 1.413 Sanctions Cannot Include Dismissal: Commentary on In re the Marriage of Matthew Kraus and Molly Kraus

Date: Dec 14, 2025
Iowa Rule 1.413 Sanctions Cannot Include Dismissal: Commentary on In re the Marriage of Matthew Kraus and Molly Kraus I. Introduction The Iowa Supreme Court’s decision in In re the Marriage of...
United States v. Hawkins and the Limits of Reasonable Suspicion to Extend Traffic Stops

United States v. Hawkins and the Limits of Reasonable Suspicion to Extend Traffic Stops

Date: Dec 14, 2025
United States v. Hawkins and the Limits of Reasonable Suspicion to Extend Traffic Stops I. Introduction The Fourth Circuit’s published decision in United States v. Tremayne T. Hawkins (No. 24‑4502,...
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