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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
Pierce: Montana Supreme Court Reaffirms Conduct‑Based “Knowingly” for SIWOC and Clarifies Limits on Alcohol-Use Evidence Introduction In State v. D. Pierce, 2025 MT 257 (Supreme Court of Montana,...
State v. Prado: Harmless-Error Review for Redacted Jail-Call Context Statements and Strict Limits on Plain-Error Claims of “Credibility-Boosting” Background Testimony Introduction In State v. Prado,...
No Six-Month Presumption Under Idaho Constitution; COVID-19 Backlog Can Establish “Good Cause” Under Idaho’s Speedy Trial Statute Introduction In State v. Fierro-Garcia, the Idaho Supreme Court...
Identical Discipline Under SCR 22.22: Minnesota Disbarment Equals Wisconsin Revocation, Not Suspension Introduction In Office of Lawyer Regulation v. Michael B. Padden, 2025 WI 47, the Wisconsin...
Reciprocal Discipline Clarified: Wisconsin Revocation Is the Identical Sanction to Minnesota Disbarment, Despite Reinstatement Differences Introduction In Office of Lawyer Regulation v. Michael B....
Section 204B.44 Is Election-Specific: Post-Election Petitions Are Moot and Cannot Be Reframed for Future Cycles Introduction In Benda for Common-sense, a Minnesota Non-Profit Corporation, and...
Refusal of the Warrant-Specified Chemical Test Alone Supports Criminal Test-Refusal in Minnesota Introduction In State of Minnesota v. Brian Russell Lueck, A24-0250 (Minn. Nov. 12, 2025), the...
Cross‑Docket Pre‑Filing Injunctions and the Limits of “Seizure‑by‑Process”: Commentary on Ferrara v. Travis County Introduction In Ferrara v. Travis County, the Fifth Circuit (summary calendar, per...
Prewitt v. McDaniel: No Jury/Venue Rights for Petty Traffic Offenses and Objective, Fact-Based Recusal Only Court: United States Court of Appeals for the Fifth Circuit Date: November 11, 2025 Docket...
Death-Resulting Conduct May Support a Statutory-Max Upward Variance Under §3553(a) After the 2024 §2D1.1 Amendment Commentary on United States v. Horton, No. 24-50938 (5th Cir. Nov. 11, 2025)...
Substance Matters: Third Circuit Affirms that the Totality of an Employer’s Contract Proposals Can Evidence Bad-Faith Bargaining; Impasse Barred and Remedy Challenges Forfeited Absent §10(e)...
Preserve It or Lose It: Third Circuit Requires Section 10(e) Preservation to Challenge Thryv Make‑Whole Remedies and Affirms Bad‑Faith Bargaining Based on the Substance of Employer Proposals...
Fifth Circuit Clarifies: Absenteeism Alone Does Not Trigger IDEA Child Find, and Attendance-Based Lack of Instruction Can Defeat Eligibility Introduction In A.P. v. Pearland Independent School...
Miscalendaring from ECF Notice Is Not Excusable Neglect under Rule 8002(d); No Hearing Required Absent Request — Tenth Circuit BAP Affirms Introduction In Douglas Gould v. KT Weaver, the United...
Partial § 1631 Transfers Do Not Divest Jurisdiction to Reconsider Non‑Transferred Claims: The Tenth Circuit’s Guidance in SeedX v. Lincoln Strategy Introduction SeedX, Inc., a marketing and...
Partial § 1631 Transfers Do Not Divest the Transferor Court of Jurisdiction Over Non‑Transferred Claims: SeedX v. Lincoln Strategy Group (10th Cir. 2025) Introduction In SeedX, Inc. v. Lincoln...
Workers’ Compensation Subrogation Against UIM Proceeds Is Limited to “Boardable” Damages: Delaware Supreme Court Applies Henry II in ProAssurance v. Manz Introduction In ProAssurance Group d/b/a...
Nevada Supreme Court Requires Express Reservation to Seek Post‑Offer Interest on Punitive Damages in Stipulated Judgments Introduction In CWIK v. BEARDSLEY (Supreme Court of Nevada, Nov. 10, 2025),...
Content-Based Limits on “Unprotected” Speech Face Heightened Scrutiny When They Chill Protected Complaints: California Supreme Court Invalidates Penal Code §148.6 Introduction In Los Angeles Police...
Material-Omission Liability Under GBL § 349 for Soft-Close Door Hazards: The Second Circuit’s (Non-Precedential) Affirmance in Boateng v. BMW Introduction In a summary order without precedential...