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

State Law at the Time of the Prior Conviction Controls: Eleventh Circuit Reaffirms Dubois Rule for Guidelines “Controlled Substance Offense” Predicates

Date: Nov 9, 2025

State Law at the Time of the Prior Conviction Controls: Eleventh Circuit Reaffirms Dubois Rule for Guidelines “Controlled Substance Offense” Predicates Introduction In United States v. Jacklin...

Divisibility of N.J. § 2C:14‑2c and Predicate “Sex Offense Conviction” Status under U.S.S.G. § 4B1.5(a): Eleventh Circuit’s Analysis in United States v. Hass

Date: Nov 9, 2025

Divisibility of N.J. § 2C:14‑2c and Predicate “Sex Offense Conviction” Status under U.S.S.G. § 4B1.5(a): Eleventh Circuit’s Analysis in United States v. Hass Introduction In United States v. Hass...

United States v. Hill: Timeliness and Materiality as Gatekeepers—No Brady Duty for State-Held Evidence and No CI Disclosure When Informant Is Peripheral

Date: Nov 9, 2025

United States v. Hill: Timeliness and Materiality as Gatekeepers—No Brady Duty for State-Held Evidence and No CI Disclosure When Informant Is Peripheral Introduction In this unpublished, per curiam...

United States v. Lagary Williams: Eleventh Circuit Reaffirms No-Notice Rule for Upward Variances and Permits Use of Uncharged Overdose Death Under § 3553(a)

Date: Nov 9, 2025

United States v. Lagary Williams: Eleventh Circuit Reaffirms No-Notice Rule for Upward Variances and Permits Use of Uncharged Overdose Death Under § 3553(a) Court: U.S. Court of Appeals for the...

No Bona Fide Doubt, No Hearing: Eleventh Circuit Reaffirms Trial-Court Discretion to Decline Mid‑Trial Competency Re‑Evaluation and to Impose an Upward § 3553(a) Variance

Date: Nov 9, 2025

No Bona Fide Doubt, No Hearing: Eleventh Circuit Reaffirms Trial-Court Discretion to Decline Mid‑Trial Competency Re‑Evaluation and to Impose an Upward § 3553(a) Variance Case: United States v....

Sixth Circuit Clarifies: Complete Denial of Union Intervention Is Immediately Appealable; Police Union May Intervene as of Right at the Liability Stage When Monell Claims Target CBA-Rooted Policies

Date: Nov 9, 2025

Sixth Circuit Clarifies: Complete Denial of Union Intervention Is Immediately Appealable; Police Union May Intervene as of Right at the Liability Stage When Monell Claims Target CBA-Rooted Policies...

Night Blindness Can Qualify as an ADA Disability: Sixth Circuit Affirms Broad ADAAA Standard and Protects Good‑Faith Accommodation Requests

Date: Nov 9, 2025

Night Blindness Can Qualify as an ADA Disability: Sixth Circuit Affirms Broad ADAAA Standard and Protects Good‑Faith Accommodation Requests Introduction In Rebecca Edwards v. Shelby County, Tennessee...

Tenth Circuit Clarifies: Requests to Reply to a Magistrate’s R&R Do Not Toll the Appeal Deadline; Finality Assessed on the Face of the Judgment

Date: Nov 9, 2025

Tenth Circuit Clarifies: Requests to Reply to a Magistrate’s R&R Do Not Toll the Appeal Deadline; Finality Assessed on the Face of the Judgment Introduction In MacIntyre v. Supreme Court of Colorado,...

Tenth Circuit Confirms: § 1983 Injunctive/Declaratory Relief Requires Official-Capacity Suits; New Mexico Civil Rights Act Does Not Waive Eleventh Amendment Immunity in Federal Court

Date: Nov 9, 2025

Tenth Circuit Confirms: § 1983 Injunctive/Declaratory Relief Requires Official-Capacity Suits; New Mexico Civil Rights Act Does Not Waive Eleventh Amendment Immunity in Federal Court Introduction In...

When Video Shows Ongoing Resistance, K‑9 Force to Secure Handcuffs Is Not “Malicious and Sadistic” Under the Eighth Amendment

Date: Nov 9, 2025

When Video Shows Ongoing Resistance, K‑9 Force to Secure Handcuffs Is Not “Malicious and Sadistic” Under the Eighth Amendment Introduction This commentary examines the Seventh Circuit’s...

UAGPPJA Is the Exclusive Basis for Adult Guardianship Jurisdiction in New Hampshire; “Home State” Is Determined by Physical Presence and a Respondent’s Objection Defeats Significant‑Connection Jurisdiction

Date: Nov 9, 2025

UAGPPJA Is the Exclusive Basis for Adult Guardianship Jurisdiction in New Hampshire; “Home State” Is Determined by Physical Presence and a Respondent’s Objection Defeats Significant‑Connection...

All TERC Appellants Bear Dual Burdens; Verified Actual Rents Are Permissible in the Mass‑Appraisal Income Approach

Date: Nov 9, 2025

All TERC Appellants Bear Dual Burdens; Verified Actual Rents Are Permissible in the Mass‑Appraisal Income Approach Introduction In Pinnacle Enterprises, Inc., and Midland Heights Apartments, L.L.C....

Physical Dispossession Is “Direct Physical Loss,” and “Accident” Is Viewed From the Insured’s Perspective Under All‑Perils Policies

Date: Nov 9, 2025

Physical Dispossession Is “Direct Physical Loss,” and “Accident” Is Viewed From the Insured’s Perspective Under All‑Perils Policies Case: U.S. Specialty Insurance Co. v. D S Avionics Unlimited LLC,...

Ordinary-Meaning Rule Defines “Trade or Craft” as Manual/Artistic Skill and Limits ERISA Deference to the Administrator’s Stated Reasons

Date: Nov 8, 2025

Ordinary-Meaning Rule Defines “Trade or Craft” as Manual/Artistic Skill and Limits ERISA Deference to the Administrator’s Stated Reasons Introduction In Clyde Rombach, III v. Plumbers Local Union No....

Contemporaneous Falsity and Strategic-Review Disclosures Defeat Omission-Based Securities Claims

Date: Nov 8, 2025

Contemporaneous Falsity and Strategic-Review Disclosures Defeat Omission-Based Securities Claims Introduction In a non-precedential but instructive decision, the U.S. Court of Appeals for the Third...

United States v. Marc Anthony: Third Circuit clarifies that mental impairment and low Miranda-comprehension testing do not, without police coercion, invalidate a Miranda waiver; “knowing and intelligent” appeal carveouts construed to encompass voluntariness

Date: Nov 8, 2025

United States v. Marc Anthony: Third Circuit clarifies that mental impairment and low Miranda-comprehension testing do not, without police coercion, invalidate a Miranda waiver; “knowing and...

Credible Testimony Is Not Enough: Fifth Circuit Confirms IJs May Demand Reasonably Obtainable Corroboration for VAWA Cancellation and Enforces Exhaustion of Niz‑Chavez Stop‑Time Claims

Date: Nov 8, 2025

Credible Testimony Is Not Enough: Fifth Circuit Confirms IJs May Demand Reasonably Obtainable Corroboration for VAWA Cancellation and Enforces Exhaustion of Niz‑Chavez Stop‑Time Claims Introduction...

Additional Straight‑Time Pay Does Not Defeat the HCE Salary‑Basis Test; Magistrate Judges May Tax Costs Under Rule 54(d)(1): Commentary on Descant v. CTCI Americas (5th Cir. 2025)

Date: Nov 8, 2025

Additional Straight‑Time Pay Does Not Defeat the HCE Salary‑Basis Test; Magistrate Judges May Tax Costs Under Rule 54(d)(1) Introduction In Descant v. CTCI Americas, No. 25‑40112 (5th Cir. Nov. 6,...

Fifth Circuit Holds Unrebutted, Defendant‑Specific Forfeiture Orders Can Establish the $10,000 Threshold for Aggravated‑Felony Money‑Laundering Determinations

Date: Nov 8, 2025

Fifth Circuit Holds Unrebutted, Defendant‑Specific Forfeiture Orders Can Establish the $10,000 Threshold for Aggravated‑Felony Money‑Laundering Determinations Introduction In Dominguez Reyes v....

“Melting Ice Is Not Enough”: Fifth Circuit Refines Creation and Temporal Proof Under Louisiana’s Merchant Liability Act

Date: Nov 8, 2025

“Melting Ice Is Not Enough”: Fifth Circuit Refines Creation and Temporal Proof Under Louisiana’s Merchant Liability Act Introduction In Howard v. Brookshire Grocery Company (Super 1 Foods), No....

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