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

Civil Investigative Demand (CID) Litigation Equitably Tolls Limitations Periods for Minnesota Attorney General § 8.31 Enforcement Actions

Date: Jan 8, 2026

Civil Investigative Demand (CID) Litigation Equitably Tolls Limitations Periods for Minnesota Attorney General § 8.31 Enforcement Actions Introduction In State of Minnesota Office of the Attorney...

Pleading Self-Defense to Overcome Probable Cause in § 1983 False-Arrest Claims (Illinois Battery)

Date: Jan 8, 2026

Pleading Self-Defense to Overcome Probable Cause in § 1983 False-Arrest Claims (Illinois Battery) Introduction In Malcolm Brogsdale v. Annette Torres-Corona, an off-duty Chicago police officer,...

Third-Party Notice May Be “On the Insured’s Behalf,” But Timeliness Is Measured From the Insured’s Occurrence-Based Duty

Date: Jan 8, 2026

Third-Party Notice May Be “On the Insured’s Behalf,” But Timeliness Is Measured From the Insured’s Occurrence-Based Duty Introduction In A. B. v. David Jacobs Barrow (11th Cir. Jan. 7, 2026), the...

DMCA § 512(c) Safe Harbor: Hash-Matching Outputs and Algorithmic Curation Do Not Create “Red Flag” Knowledge or “Right and Ability to Control” Without Specific Infringement and Substantial Influence

Date: Jan 8, 2026

DMCA § 512(c) Safe Harbor: Hash-Matching Outputs and Algorithmic Curation Do Not Create “Red Flag” Knowledge or “Right and Ability to Control” Without Specific Infringement and Substantial Influence...

Conspiracy Is Not Automatically Coextensive with “Jointly Undertaken Criminal Activity” for Loss and Restitution

Date: Jan 8, 2026

Conspiracy Is Not Automatically Coextensive with “Jointly Undertaken Criminal Activity” for Loss and Restitution Case: United States v. Abdoulaye Barry (11th Cir. Jan. 7, 2026) | Court: United States...

Standard Sentencing Remarks Do Not Create Procedural Error When Followed by Case-Specific § 3553(a) Analysis

Date: Jan 8, 2026

Standard Sentencing Remarks Do Not Create Procedural Error When Followed by Case-Specific § 3553(a) Analysis Introduction In United States v. DeRosse (2d Cir. Jan. 7, 2026) (summary order), the...

Reasoned Consideration Is Satisfied When the BIA Affirms Dispositive IJ Findings Unchallenged in Substance (Nexus and CAT Acquiescence)

Date: Jan 8, 2026

Reasoned Consideration Is Satisfied When the BIA Affirms Dispositive IJ Findings Unchallenged in Substance (Nexus and CAT Acquiescence) 1. Introduction Case: Edinson Isaias Cruz-Yanes v. U.S....

Compassionate Release: Tapia Does Not Limit § 3582(c)(1)(A) Courts from Considering In-Prison Treatment and Public Safety

Date: Jan 8, 2026

Compassionate Release: Tapia Does Not Limit § 3582(c)(1)(A) Courts from Considering In-Prison Treatment and Public Safety Case: United States v. Antonio Easterly (11th Cir. Jan. 7, 2026)...

Federal-Sector Title VII Retaliation in the Eleventh Circuit: No Liability Without a “Personnel Action” and a Work Environment That Would Dissuade a Reasonable Worker

Date: Jan 8, 2026

Federal-Sector Title VII Retaliation in the Eleventh Circuit: No Liability Without a “Personnel Action” and a Work Environment That Would Dissuade a Reasonable Worker I. Introduction In Bobby Lett v....

U.S.S.G. § 1B1.3(c) Limits Only Acquitted Conduct: Uncharged/Unadjudicated Relevant Conduct May Still Drive RICO Fraud Loss, Restitution, and Forfeiture

Date: Jan 8, 2026

U.S.S.G. § 1B1.3(c) Limits Only Acquitted Conduct: Uncharged/Unadjudicated Relevant Conduct May Still Drive RICO Fraud Loss, Restitution, and Forfeiture I. Introduction In United States v. Phillip...

Passing Reference to Incarceration: When a Mistrial Is Not Required (Byrd v. State)

Date: Jan 8, 2026

Passing Reference to Incarceration: When a Mistrial Is Not Required Under Georgia’s Mistrial Discretion Standard Introduction In Byrd v. THE STATE (Supreme Court of Georgia, Jan. 5, 2026), appellant...

Scott v. State (Ga. 2026): Voluntary Stationhouse Interview Is Noncustodial for Miranda; Cumulative Other-Acts Proof Renders Error Harmless; “Thirteenth Juror” Rulings Receive Strong Appellate Deference

Date: Jan 8, 2026

Scott v. State (Ga. 2026): Voluntary Stationhouse Interview Is Noncustodial for Miranda; Cumulative Other-Acts Proof Renders Error Harmless; “Thirteenth Juror” Rulings Receive Strong Appellate...

Government Breaches Plea Agreement by Advocating Restitution Contrary to “Restitution: N/A”; Restitution Vacated and Remand to a Different Judge

Date: Jan 8, 2026

Government Breaches Plea Agreement by Advocating Restitution Contrary to “Restitution: N/A”; Restitution Vacated and Remand to a Different Judge Introduction In United States v. Apolinaris (2d Cir....

United States v. Blake: Criminal History Points for DWAI and CREAMMA “Expungements” Stand Absent Preserved, Developed Guidelines Arguments; Minor-Role Relief Denied Where Defendant Admits Agreement to Sell

Date: Jan 8, 2026

United States v. Blake: Criminal History Points for DWAI and CREAMMA “Expungements” Stand Absent Preserved, Developed Guidelines Arguments; Minor-Role Relief Denied Where Defendant Admits Agreement...

Willful-and-Malicious Trade-Secret Misappropriation Supports Fee Awards Even With Zero Damages; Fee Appeal Cannot Revive Untimely Merits Appeal

Date: Jan 8, 2026

Willful-and-Malicious Trade-Secret Misappropriation Supports Fee Awards Even With Zero Damages; Fee Appeal Cannot Revive Untimely Merits Appeal I. Introduction Equity Resources, Inc. v. T2 Financial,...

Sixth Circuit: CJA Investigative Funding Requires Specific, Defense-Tied Necessity; No Evidentiary Hearing Absent Contested Facts

Date: Jan 8, 2026

Sixth Circuit: CJA Investigative Funding Requires Specific, Defense-Tied Necessity; No Evidentiary Hearing Absent Contested Facts I. Introduction In United States v. Udell Carroll, III (6th Cir. Jan....

United States v. Hill: Sixth Circuit Reaffirms (1) No Reversal for Single-to-Multiple Conspiracy Variance Without Proof of Prejudice, (2) Constructive Possession via Dominion Over Drug Premises, and (3) No Presumed Jury Prejudice After a Full Remmer Hearing

Date: Jan 8, 2026

United States v. Hill: Sixth Circuit Reaffirms (1) No Reversal for Single-to-Multiple Conspiracy Variance Without Proof of Prejudice, (2) Constructive Possession via Dominion Over Drug Premises, and...

Dills v. Weaver: Prior Representation of a Co-Defendant Creates an “Actual Conflict” When It Forecloses Blame-Shifting and Cross-Examination; Ineffective Appellate Counsel Can Supply Cause-and-Prejudice to Overcome Procedural Default

Date: Jan 8, 2026

Dills v. Weaver: Prior Representation of a Co-Defendant Creates an “Actual Conflict” When It Forecloses Blame-Shifting and Cross-Examination; Ineffective Appellate Counsel Can Supply...

Murray v. State: Totality-of-the-Circumstances Controls Post-Sentencing Guilty-Plea Withdrawal Despite Non-Strict Rule 33.8/Boykin Colloquy

Date: Jan 8, 2026

Murray v. State: Totality-of-the-Circumstances Controls Post-Sentencing Guilty-Plea Withdrawal Despite Non-Strict Rule 33.8/Boykin Colloquy 1. Introduction In Murray v. The State (Supreme Court of...

Rhode Island Codifies a Non-Waivable Five-Bar-Exam Failure Cap and Tightens Exam/UBE-Transfer Pathways for Admission

Date: Jan 8, 2026

Rhode Island Codifies a Non-Waivable Five-Bar-Exam Failure Cap and Tightens Exam/UBE-Transfer Pathways for Admission 1. Introduction In In re Amendments to Board of Bar Examiners Rules of Practice...

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