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

Courts May Enforce Shutdown-Era Benefit Orders by Compelling Full SNAP Funding from Lawful Transfer and Contingency Sources

Date: Nov 11, 2025

Courts May Enforce Shutdown-Era Benefit Orders by Compelling Full SNAP Funding from Lawful Transfer and Contingency Sources Introduction This appeal arises from an unprecedented posture at the...

Iowa § 670.4A Does Not Apply to Common-Law Negligence or Nuisance—Even When Duties Are Drawn from Statutes: Immediate Appeals Under § 670.4A(4) Unavailable

Date: Nov 11, 2025

Iowa § 670.4A Does Not Apply to Common-Law Negligence or Nuisance—Even When Duties Are Drawn from Statutes: Immediate Appeals Under § 670.4A(4) Unavailable Introduction The Iowa Supreme Court’s...

Iowa Supreme Court Adopts Whole-File Expungement for Eligible Misdemeanor Convictions Under Iowa Code § 901C.3

Date: Nov 11, 2025

Iowa Supreme Court Adopts Whole-File Expungement for Eligible Misdemeanor Convictions Under Iowa Code § 901C.3 Introduction In J. Doe v. Iowa District Court for Polk County, the Supreme Court of Iowa...

No Appeal Needed, No 30-Day Clock: Iowa Supreme Court Confirms Post-Judgment Attorney Fee Applications Are Collateral and Timely If Filed Without Undue Delay

Date: Nov 11, 2025

No Appeal Needed, No 30-Day Clock: Iowa Supreme Court Confirms Post-Judgment Attorney Fee Applications Are Collateral and Timely If Filed Without Undue Delay Court: Supreme Court of Iowa Date:...

Clarifying the “Clearly Established” Right in Emergency License Suspensions: Third Circuit Grants Qualified Immunity Where Officials Verify Public-Safety Violations

Date: Nov 11, 2025

Clarifying the “Clearly Established” Right in Emergency License Suspensions: Third Circuit Grants Qualified Immunity Where Officials Verify Public-Safety Violations Introduction In International...

Pretext Requires More Than Stray Remarks and Dissimilar Comparators: Fourth Circuit Clarifies Title VII Summary Judgment Standards

Date: Nov 11, 2025

Pretext Requires More Than Stray Remarks and Dissimilar Comparators: Fourth Circuit Clarifies Title VII Summary Judgment Standards Introduction In Derek Chapman v. Maryland Department of State...

Prejudice Established When Counsel Urges Plea Due to Unpreparedness: Minnesota Supreme Court Centers Defendant’s Decision-Making in Ineffective-Assistance Claims

Date: Nov 11, 2025

Prejudice Established When Counsel Urges Plea Due to Unpreparedness: Minnesota Supreme Court Centers Defendant’s Decision-Making in Ineffective-Assistance Claims Introduction In Tescil Romalis...

A.P. v. Dannhauser: Reaffirming Rigorous Monell Pleading, Non‑Suable Status of ACS, and Waiver of Untimely Recusal Challenges

Date: Nov 9, 2025

A.P. v. Dannhauser: Reaffirming Rigorous Monell Pleading, Non‑Suable Status of ACS, and Waiver of Untimely Recusal Challenges Introduction In A.P. v. Dannhauser (No. 25-1030, decided November 7,...

Reaffirming New York’s “Reasonable Time to Remedy” Standard: One Minute of Actual Notice of a Store Spill Is Insufficient, as a Matter of Law, to Establish Breach

Date: Nov 9, 2025

Reaffirming New York’s “Reasonable Time to Remedy” Standard: One Minute of Actual Notice of a Store Spill Is Insufficient, as a Matter of Law, to Establish Breach Introduction In Kissoon v. Wal-Mart...

Second Circuit Reaffirms Judge-Found, Preponderance-Based Criminal Forfeiture and Rejects Excessive Fines Challenge in a Crypto Money-Laundering Case

Date: Nov 9, 2025

Second Circuit Reaffirms Judge-Found, Preponderance-Based Criminal Forfeiture and Rejects Excessive Fines Challenge in a Crypto Money-Laundering Case Case: United States v. Mizrahi, No. 24-2507-cr...

No Magic Words: Implied “Reasonable Efforts” Under Rule 4(m) and a Heightened Deliberate-Indifference/Monell Showing in Prisoner § 1983 Suits

Date: Nov 9, 2025

No Magic Words: Implied “Reasonable Efforts” Under Rule 4(m) and a Heightened Deliberate-Indifference/Monell Showing in Prisoner § 1983 Suits Introduction In James Daryl West v. Sabrina Schultz, the...

No Police-Report Hearsay to Prove Dram Shop Liability at Summary Judgment: Eleventh Circuit Affirms Strict Application of FRE 803(8), 804(b)(3), and 807 in Hambrick v. Wells Fargo

Date: Nov 9, 2025

No Police-Report Hearsay to Prove Dram Shop Liability at Summary Judgment: Eleventh Circuit Affirms Strict Application of FRE 803(8), 804(b)(3), and 807 in Hambrick v. Wells Fargo Court: U.S. Court...

AEDPA Deference and Florida Arson Sentencing: No Double Jeopardy Relief for Dual Convictions of Arson of a Dwelling and Arson Causing Great Bodily Harm

Date: Nov 9, 2025

AEDPA Deference and Florida Arson Sentencing: No Double Jeopardy Relief for Dual Convictions of Arson of a Dwelling and Arson Causing Great Bodily Harm Introduction In Joseph Haas v. Secretary,...

Clisby’s “All Claims” Rule Requires Clear, Independent Pleading: Eleventh Circuit Affirms Where Plea-Advice Ineffective-Assistance Theory Was Not Distinctly Pled

Date: Nov 9, 2025

Clisby’s “All Claims” Rule Requires Clear, Independent Pleading: Eleventh Circuit Affirms Where Plea-Advice Ineffective-Assistance Theory Was Not Distinctly Pled Introduction In Manuel Emilio Alvarez...

Perceived Speech, No Conduct Required: Eleventh Circuit Clarifies Heffernan Applies to Public-Employee Retaliation Even Where the Employee Did Nothing

Date: Nov 9, 2025

Perceived Speech, No Conduct Required: Eleventh Circuit Clarifies Heffernan Applies to Public-Employee Retaliation Even Where the Employee Did Nothing Introduction This commentary analyzes the...

Practical Antagonism, Not Formal Deadlock, Controls Realignment in Derivative LLC Actions

Date: Nov 9, 2025

Practical Antagonism, Not Formal Deadlock, Controls Realignment in Derivative LLC Actions Case: Qatalyst Inc v. Pipes.AI, LLC, et al. Court: United States Court of Appeals for the Eleventh Circuit...

Leaving to Avoid Overtime for Prenatal Spousal Care May Be Protected FMLA Leave; Employer’s Failure to Notify Can Proximately Cause Termination — Commentary on James v. FedEx Freight (11th Cir. 2025)

Date: Nov 9, 2025

Leaving to Avoid Overtime for Prenatal Spousal Care May Be Protected FMLA Leave; Employer’s Failure to Notify Can Proximately Cause Termination — Commentary on James v. FedEx Freight (11th Cir. 2025)...

Objective “Reasonably Believable” Standard Governs “Credible Threats of Violence” under U.S.S.G. § 4C1.1, with Keene-Based Harmless-Error Backstop

Date: Nov 9, 2025

Objective “Reasonably Believable” Standard Governs “Credible Threats of Violence” under U.S.S.G. § 4C1.1, with Keene-Based Harmless-Error Backstop Introduction In United States v. Alexandre Ovadia,...

Compassionate Release After the 2023 Guideline Amendments: Eleventh Circuit Reaffirms that § 3553(a) Alone Can Defeat Relief (United States v. Varela)

Date: Nov 9, 2025

Compassionate Release After the 2023 Guideline Amendments: Eleventh Circuit Reaffirms that § 3553(a) Alone Can Defeat Relief Introduction In United States v. Danny Varela, No. 25-11314 (11th Cir....

United States v. Forbes: Acquitted Conduct Still Usable at Pre–Amendment 826 Sentencings; Lay “Code-Word” Testimony Upheld; §2D1.1(b)(1) Firearm Enhancement Requires Less Than §924(c)

Date: Nov 9, 2025

United States v. Forbes: Acquitted Conduct Still Usable at Pre–Amendment 826 Sentencings; Lay “Code-Word” Testimony Upheld; §2D1.1(b)(1) Firearm Enhancement Requires Less Than §924(c) Court: U.S....

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