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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
Anonymous Juries and Gang-Affiliation Evidence Reaffirmed; Limits on Rule 804(b)(3) Clarified in Second Circuit’s Murder-for-Hire Ruling Introduction In a summary order dated November 10, 2025, the...
Counsel Need Not “Shop” for Experts: Eleventh Circuit Upholds Phone-Based Expert Vetting and Cross-Examination Strategy Under AEDPA’s Double Deference Introduction In Clark Mackendrick v. Secretary,...
Consent to Marketing ≠ Consent to Arbitrate: Eleventh Circuit Demands Conspicuous Terms and Explicit Assent for Online Arbitration Agreements Introduction In Heriberto Valiente v. NexGen Global, LLC...
Eleventh Circuit Clarifies No § 851(b) Colloquy Is Required When § 851(e)’s Five-Year Bar Forecloses Attacks on Prior Convictions Introduction In United States v. Adal Antonio Navas Feliciano, the...
Publication Starts the Clock: Tenth Circuit Confirms Colorado’s One-Year Defamation Limitations and Allows Anti-SLAPP Dismissal on Time-Bar Grounds in Hoid v. Gray Media Group Introduction In Hoid v....
Tenth Circuit Expands State Opt-Out Power Under DIDA: “Loans Made In” Includes Either Borrower or Lender Located in the Opt-Out State Introduction In National Association of Industrial Bankers v....
Partial § 1631 Transfers Do Not Strip Jurisdiction Over Non‑Transferred Claims SeedX, Inc. v. Lincoln Strategy Group LLC, Fortified Consulting LLC, Nathan Sproul, and Kanye 2020 Court: U.S. Court of...
Shelton v. City of Locust Grove (10th Cir. 2025): Abandonment Is a Merits Question, and Objective Abandonment Defeats Fourth Amendment Pet-Seizure Claims Introduction In Shelton v. City of Locust...
Ambiguous “Occurrence” Under Florida Law Must Be Construed in Favor of the Insured: Parkland Mass Shooting Is a Single Occurrence; Early Declaratory Actions Are Justiciable; No “Sophisticated...
Ambiguity Controls: Eleventh Circuit Holds Parkland Mass Shooting Is a Single “Occurrence” Under Florida Law; Early Declaratory Actions Are Justiciable and Fee-Shifting Applies to Threatened Denials...
Florida’s TBE Presumption Survives: Only an Express Anti‑TBE Writing Defeats It; “Writing” Need Not Be on the Signature Card Case: Storey Mountain v. Carlos C. Del Amo (with Trustee Marcia T. Dunn) |...
Seventh Circuit (Nonprecedential) Reaffirms Limits on § 1985(3) Private Conspiracies and Confirms § 1915(e)(2) Screening Applies to Fee-Paying Litigants; No FDCPA or Fraud Liability for Authorized...
De Minimis Detention and the Heck Bar: Seventh Circuit Affirms Dismissal While Sidestepping the Summers Arrest‑Warrant Split Introduction In David E. Jackson, III and Nickole A. Jackson v. Richard...
Inadvertent BOP Release Does Not Extinguish an Undischarged Consecutive Term: Limits of the “Installment Punishment” Rule in McKinney v. Lauritsen (7th Cir. 2025) Court: United States Court of...
Delegating Courtroom Security Decisions Is Error but Harmless Absent Prejudice; Departmental Policies Do Not Define Fourth Amendment Standards Case: Joshua Lee Vinson, Sr. v. Jason DeBruin, et al....
Accrual Ends at the Last Denial: Seventh Circuit Confirms Wisconsin’s Split Limitations Regime and Rejects Continuing‑Violation Tolling for Lingering Pain in § 1983 Medical‑Indifference Claims...
Reaffirming TVPA Restitution as “Gross Income” with No Forfeiture Offset and Upholding Recording-Device Supervised-Release Conditions: United States v. Austin Koeckeritz (7th Cir. 2025) Note: This is...
No Conviction, No Heck: First Circuit Declines to Extend Heck Bar to Massachusetts § 87 Pretrial Probation Dismissals Introduction In Aprileo v. Clapprood, No. 24-2081 (1st Cir. Nov. 10, 2025), the...
No Plenary Power Without Constitutional Warrant: Justice Gorsuch’s Dissent in Veneno v. United States Introduction In Veneno v. United States, 607 U.S. ___ (2025), the Supreme Court denied a petition...