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

Tenth Circuit: No Presumed Lanham Act Injury Without Proof of a “Two Significant Participants” Market; Actual Injury Requires Evidence of Ad Exposure and Causation

Date: Jan 8, 2026

Tenth Circuit: No Presumed Lanham Act Injury Without Proof of a “Two Significant Participants” Market; Actual Injury Requires Evidence of Ad Exposure and Causation Introduction In Kesters...

Quiet Title in Delaware: “Clear and Convincing” for Title Strength, but “Preponderance” for Lineage Facts; Laches Requires Prejudice

Date: Jan 8, 2026

Quiet Title in Delaware: “Clear and Convincing” for Title Strength, but “Preponderance” for Lineage Facts; Laches Requires Prejudice 1. Introduction In Chavez T. Williams v. Cynthia H. Hall (Del....

Recorded “Context-Only” Informant Statements Do Not Trigger Confrontation; § 1001 Venue Lies Where the Lie Naturally Tends to Influence Decisionmaking

Date: Jan 8, 2026

Recorded “Context-Only” Informant Statements Do Not Trigger Confrontation; § 1001 Venue Lies Where the Lie Naturally Tends to Influence Decisionmaking Case: United States v. Whitehead, No. 24-1769-cr...

Nonretroactive Guideline Amendments Are Excluded from U.S.S.G. § 1B1.13(b)(6)’s “Change in the Law” Compassionate-Release Path

Date: Jan 8, 2026

Nonretroactive Guideline Amendments Are Excluded from U.S.S.G. § 1B1.13(b)(6)’s “Change in the Law” Compassionate-Release Path I. Introduction United States v. Jose Romeu (11th Cir. Jan. 6, 2026)...

Ineffective Assistance (Strickland Prejudice) When Uncalled Witness Is Impeachable and the Record Evidence of Guilt Is Overwhelming

Date: Jan 8, 2026

Ineffective Assistance (Strickland Prejudice) When Uncalled Witness Is Impeachable and the Record Evidence of Guilt Is Overwhelming 1. Introduction In Robert Donelson v. United States (11th Cir. Jan....

Vacatur-and-Replacement Judgments Reset the Appeal Clock (Not a Rule 60(a) Correction) — Frey v. Health Mgmt Systems

Date: Jan 8, 2026

Vacatur-and-Replacement Judgments Reset the Appeal Clock (Not a Rule 60(a) Correction) — Frey v. Health Mgmt Systems I. Introduction Court: United States Court of Appeals for the Fifth Circuit Date:...

Clinical Remediation and Truthful Medical-Board Reporting, Without Concrete Harm, Do Not Supply an “Adverse Employment Action” or Retaliation Under Title VII

Date: Jan 8, 2026

Clinical Remediation and Truthful Medical-Board Reporting, Without Concrete Harm, Do Not Supply an “Adverse Employment Action” or Retaliation Under Title VII I. Introduction In Judy Pan v. Temple...

Georgia Attorney Discipline: Nunc Pro Tunc Suspension Tied to Verified Cessation of Practice—Inactive Status Date as a Supported Anchor

Date: Jan 8, 2026

Georgia Attorney Discipline: Nunc Pro Tunc Suspension Tied to Verified Cessation of Practice—Inactive Status Date as a Supported Anchor Case: In the Matter of Stephanie Dianne Woodard Court: Supreme...

UPSHAW v. THE STATE (Three Cases): Prior Drug Offenses Qualify as “Criminal Gang Activity” Admissible Under OCGA § 24-4-418 Without a Gang-Nexus Showing

Date: Jan 8, 2026

Prior Drug Offenses Qualify as “Criminal Gang Activity” Admissible Under OCGA § 24-4-418 Without a Gang-Nexus Showing 1. Introduction In UPSHAW v. THE STATE (consolidated with GLANTON v. THE STATE...

Written Findings Are Mandatory to Seal Civil Dockets and Complaints in Hawaiʻi; Mandamus Lies to Unseal Absent Rogan Findings

Date: Jan 8, 2026

Written Findings Are Mandatory to Seal Civil Dockets and Complaints in Hawaiʻi; Mandamus Lies to Unseal Absent Rogan Findings 1. Introduction In Civil Beat Law Center for Public Interest v. Kawashima...

Rhode Island Supreme Court’s 2026 Appellate Rule Reforms: Standardized Appendices, Enforceable Filing Defaults, and Structured Emergency/Extension Practice

Date: Jan 8, 2026

Rhode Island Supreme Court’s 2026 Appellate Rule Reforms: Standardized Appendices, Enforceable Filing Defaults, and Structured Emergency/Extension Practice 1. Introduction On January 6, 2026, the...

Procedural Precedent: Michigan Supreme Court Confirms Discretion to Grant Second Extensions and Deem Late Answers Timely if Filed by a Court-Set Date

Date: Jan 8, 2026

Procedural Precedent: Michigan Supreme Court Confirms Discretion to Grant Second Extensions and Deem Late Answers Timely if Filed by a Court-Set Date Case: Jerome Dubrulle v. Great Lakes Water...

Sanchez-Cabrera v. Bondi: Generalized Emotional/Economic Hardship and Unproven Medical/Education Barriers Do Not Meet “Exceptional and Extremely Unusual Hardship” Under Deferential Post-Wilkinson Review

Date: Jan 8, 2026

Sanchez-Cabrera v. Bondi: Generalized Emotional/Economic Hardship and Unproven Medical/Education Barriers Do Not Meet “Exceptional and Extremely Unusual Hardship” Under Deferential Post-Wilkinson...

Funti v Andrews: Neutral-Principles Proof of Religious “Solemnization” Required for No-License Marriages Under DRL § 12

Date: Jan 8, 2026

Funti v Andrews: Neutral-Principles Proof of Religious “Solemnization” Required for No-License Marriages Under DRL § 12 Court: Appellate Division, First Department (Jan. 6, 2026) (Kern, J.) Core...

Stasiewicz v. South Henry’s Lake Outlet HOA / Henry’s Lake Village: Limits on Sua Sponte Res Judicata and “Mootness” Dismissals Under I.R.C.P. 12(b)(1)

Date: Jan 8, 2026

New Idaho Rule: Courts May Not Raise Res Judicata Sua Sponte, and Rule 12(b)(1) “Mootness” Dismissals Cannot Decide Intertwined Merits—Especially Where a Restrictive Easement Leaves Effectual Relief...

Compensable Consequences in Idaho: Recurrent Injury Remains Compensable Absent Proof of Rash or Deliberate Disregard

Date: Jan 8, 2026

Compensable Consequences in Idaho: Recurrent Injury Remains Compensable Absent Proof of Rash or Deliberate Disregard Introduction Miklos v. L&W Supply Corporation (Idaho Supreme Court, Jan. 6, 2026)...

Reciprocal Discipline in New York: When a Foreign Probation Sanction Becomes a Public Censure

Date: Jan 7, 2026

Reciprocal Discipline in New York: When a Foreign Probation Sanction Becomes a Public Censure 1. Introduction Matter of Tejada (2026 NY Slip Op 00020) is a reciprocal-discipline decision of the...

Reciprocal Disbarment in New York for Out-of-State Trust-Account Conversion and Client Abandonment Absent Any 22 NYCRR 1240.13 Defense

Date: Jan 7, 2026

Reciprocal Disbarment in New York for Out-of-State Trust-Account Conversion and Client Abandonment Absent Any 22 NYCRR 1240.13 Defense Introduction Matter of Richardson-Vargas is a First Department...

Seventh Circuit Tightens Standing in Telehealth-Abortion Challenges: No “Probabilistic” Members, No Generalized Stigma, and No Redress Where Other Statutes Independently Bar the Conduct

Date: Jan 7, 2026

Seventh Circuit Tightens Standing in Telehealth-Abortion Challenges: No “Probabilistic” Members, No Generalized Stigma, and No Redress Where Other Statutes Independently Bar the Conduct I....

FTC Act Unfairness in the Eleventh Circuit: § 45(n)’s Three-Factor Test Controls and Courts May “Fence In” Hidden-Fee Practices with Unavoidable, Non-Hyperlinked Disclosures and Fee-by-Fee Assent

Date: Jan 7, 2026

FTC Act Unfairness in the Eleventh Circuit: § 45(n)’s Three-Factor Test Controls and Courts May “Fence In” Hidden-Fee Practices with Unavoidable, Non-Hyperlinked Disclosures and Fee-by-Fee Assent...

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