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

Arraignment as a Substitution Deadline: Pre‑Arraignment Motions to Substitute Are Timely in Montana Criminal Cases

Date: Jan 7, 2026

Arraignment as a Substitution Deadline: Pre‑Arraignment Motions to Substitute Are Timely in Montana Criminal Cases 1. Introduction In S.L. v. MONTANA FOURTH JUDICIAL DISTRICT COURT, MISSOULA COUNTY,...

Separate-Vote Rule Bars “Single-Target” Initiatives that Revoke and Regrant Broad Constitutional Powers

Date: Jan 7, 2026

Separate-Vote Rule Bars “Single-Target” Initiatives that Revoke and Regrant Broad Constitutional Powers Introduction In T.E.I. v. Knudsen (2026 MT 2), the Montana Supreme Court, exercising original...

TEDRA Grants District Courts Broad Subject-Matter Jurisdiction to Decide Declaratory Rights in Estate Assets Despite Ongoing Probate

Date: Jan 7, 2026

TEDRA Grants District Courts Broad Subject-Matter Jurisdiction to Decide Declaratory Rights in Estate Assets Despite Ongoing Probate Introduction Nelson v. Wylie (Idaho Supreme Court, January 6,...

Wyoming Article 1, § 38 Protects Abortion as a Fundamental Health Care Decision; Strict Scrutiny Applies; Salerno “No-Set-of-Circumstances” Facial-Challenge Standard Rejected

Date: Jan 7, 2026

Wyoming Article 1, § 38 Protects Abortion as a Fundamental Health Care Decision; Strict Scrutiny Applies; Salerno “No-Set-of-Circumstances” Facial-Challenge Standard Rejected Case: State of Wyoming;...

Nonclient Deposits into Attorney Escrow Do Not Create a Fiduciary Duty Absent an Escrow Agreement; Aiding-and-Abetting Fraud Requires Proof of Actual Knowledge

Date: Jan 7, 2026

Nonclient Deposits into Attorney Escrow Do Not Create a Fiduciary Duty Absent an Escrow Agreement; Aiding-and-Abetting Fraud Requires Proof of Actual Knowledge Introduction In Groisman v. Jeffrey...

Pre-2024 U.S.S.G. § 2B1.1 Requires the Greater of Actual or Intended Loss (and Upholds Upward Variances in Pandemic-Relief Fraud)

Date: Jan 7, 2026

Pre-2024 U.S.S.G. § 2B1.1 Requires the Greater of Actual or Intended Loss (and Upholds Upward Variances in Pandemic-Relief Fraud) Case: United States v. Omar Loaces Gonzalez (11th Cir., Jan. 6, 2026)...

Harmless-Error Affirmance Despite § 875(c) Indictment Omitting Subjective Mens Rea When the Record Establishes Recklessness/Knowledge and a “True Threat” in Context

Date: Jan 7, 2026

Harmless-Error Affirmance Despite § 875(c) Indictment Omitting Subjective Mens Rea When the Record Establishes Recklessness/Knowledge and a “True Threat” in Context I. Introduction Case: United...

Exterior Camera Surveillance at a Storage Facility Is Not a Fourth Amendment Search Absent Trespass or a Reasonable Expectation of Privacy

Date: Jan 7, 2026

Exterior Camera Surveillance at a Storage Facility Is Not a Fourth Amendment Search Absent Trespass or a Reasonable Expectation of Privacy Case: United States v. Orlando Bernard Easter (6th Cir. Jan....

Minimal-Nexus Good Faith: Reliance on a Warrant to Search a Home When the Suspect’s Crime-Related Vehicle Is Parked There

Date: Jan 7, 2026

Minimal-Nexus Good Faith: Reliance on a Warrant to Search a Home When the Suspect’s Crime-Related Vehicle Is Parked There Introduction In United States v. Williams (10th Cir. Jan. 2, 2026)...

NIH Cannot Impose an Across-the-Board Indirect-Cost Cap by “Guidance” Where an Appropriations Rider and HHS Regulations Preserve Negotiated Rates

Date: Jan 7, 2026

NIH Cannot Impose an Across-the-Board Indirect-Cost Cap by “Guidance” Where an Appropriations Rider and HHS Regulations Preserve Negotiated Rates 1. Introduction In Association of American...

Rooker–Feldman Bars Federal Damages Claims That Depend on Undoing a State Foreclosure Judgment; Futility and Willful Noncompliance Justify Dismissal With Prejudice

Date: Jan 7, 2026

Rooker–Feldman Bars Federal Damages Claims That Depend on Undoing a State Foreclosure Judgment; Futility and Willful Noncompliance Justify Dismissal With Prejudice 1. Introduction In Roy Dixon v....

Above-Guidelines Variances: Serious Uncharged Conduct Can Supply a Sufficiently Compelling Justification Without a Numerical “Variance Math” Explanation

Date: Jan 7, 2026

Above-Guidelines Variances: Serious Uncharged Conduct Can Supply a Sufficiently Compelling Justification Without a Numerical “Variance Math” Explanation Introduction United States v. Jerry J. Jones...

Termination for Timekeeping Discrepancies Is Not an ADA “Failure to Accommodate” Absent a Denied Accommodation, and Pretext Fails Under the Honest-Belief Rule

Date: Jan 7, 2026

Termination for Timekeeping Discrepancies Is Not an ADA “Failure to Accommodate” Absent a Denied Accommodation, and Pretext Fails Under the Honest-Belief Rule I. Introduction In William Shears v....

United States v. David Johnson: Admitting “Secondary-Evidence” Summary Slides and Treating Written Summary Contempt Orders as Immediately Appealable Final Judgments

Date: Jan 7, 2026

United States v. David Johnson: Admitting “Secondary-Evidence” Summary Slides and Treating Written Summary Contempt Orders as Immediately Appealable Final Judgments Court: Court of Appeals for the...

United States v. Johnson — Contempt Orders Are Immediately Appealable; Expert PowerPoint Slides May Be Admitted as Secondary-Evidence Summaries

Date: Jan 7, 2026

United States v. Johnson: Criminal Contempt Orders Are Immediately Appealable (14-Day Deadline), and Expert PowerPoint Slides May Be Admitted as “Secondary-Evidence Summaries” When Backed by Admitted...

Rule 60(b)(5) Vacatur of § 1988 Fees After Jurisdictional Vacatur of Merits Relief (No Separate Fee Appeal Required)

Date: Jan 7, 2026

Rule 60(b)(5) Vacatur of § 1988 Fees After Jurisdictional Vacatur of Merits Relief (No Separate Fee Appeal Required) Case: Pool v. City of Houston, No. 24-20138 (5th Cir. Jan. 2, 2026) Court: United...

Biweekly Predetermined Pay with Hourly “Accounting” Satisfies § 541.602(a): Fourth Circuit Clarifies Salary-Basis for Highly Compensated Fire Chiefs

Date: Jan 7, 2026

Biweekly Predetermined Pay with Hourly “Accounting” Satisfies § 541.602(a): Fourth Circuit Clarifies Salary-Basis for Highly Compensated Fire Chiefs 1. Introduction In Anthony Kelly v. City of...

KTCA Discretionary-Function Immunity Bars Negligent-Supervision Claims Attacking Patient-Protection Policies (Hennessey v. University of Kansas Hospital Authority)

Date: Jan 7, 2026

KTCA Discretionary-Function Immunity Bars Negligent-Supervision Claims Attacking Patient-Protection Policies (Hennessey v. University of Kansas Hospital Authority) Introduction In Hennessey v....

Tasby v. The State: Stereotype- and Class-Coded Rationales as Pretext in Reverse Batson Challenges

Date: Jan 7, 2026

Tasby v. The State: Stereotype- and Class-Coded Rationales as Pretext in Reverse Batson Challenges Introduction In Tasby v. The State (A25A0067, Court of Appeals of Georgia, May 29, 2025) (not...

NIH May Not Impose an Across-the-Board Indirect-Cost Cap by “Guidance” Under the Appropriations Rider and HHS Deviation Regulations

Date: Jan 7, 2026

NIH May Not Impose an Across-the-Board Indirect-Cost Cap by “Guidance” Under the Appropriations Rider and HHS Deviation Regulations Court: U.S. Court of Appeals for the First Circuit (Rikelman,...

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