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  • Commentaries
  • Judgments

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

Marketing-Triggered Age Restrictions on Dietary Supplements Survive Central Hudson and Avoid FDCA Preemption: Second Circuit Affirms Denial of Preliminary Injunction in CRN v. James

Marketing-Triggered Age Restrictions on Dietary Supplements Survive Central Hudson and Avoid FDCA Preemption: Second Circuit Affirms Denial of Preliminary Injunction in CRN v. James

Date: Nov 16, 2025
Marketing-Triggered Age Restrictions on Dietary Supplements Survive Central Hudson and Avoid FDCA Preemption: Second Circuit Affirms Denial of Preliminary Injunction in CRN v. James Introduction This...
Paused-Clock Timeliness After Reopening and Strict Pleading Standards in Meme-Stock RICO/Antitrust Suits: Donnahue George v. Ken Griffin (11th Cir. 2025)

Paused-Clock Timeliness After Reopening and Strict Pleading Standards in Meme-Stock RICO/Antitrust Suits: Donnahue George v. Ken Griffin (11th Cir. 2025)

Date: Nov 16, 2025
Paused-Clock Timeliness After Reopening and Strict Pleading Standards in Meme-Stock RICO/Antitrust Suits: Donnahue George v. Ken Griffin (11th Cir. 2025) Introduction In an unpublished, per curiam...
Community-Protection Inferences from Repeated Drug Use Permissibly Support Revocation Sentences: Eleventh Circuit Affirms Within-Guidelines Term After Esteras

Community-Protection Inferences from Repeated Drug Use Permissibly Support Revocation Sentences: Eleventh Circuit Affirms Within-Guidelines Term After Esteras

Date: Nov 16, 2025
Community-Protection Inferences from Repeated Drug Use Permissibly Support Revocation Sentences: Eleventh Circuit Affirms Within-Guidelines Term After Esteras Introduction In United States v. Edward...
No Final Decision, No Federal Case: Sixth Circuit Clarifies Finality for Land‑Use and RLUIPA Claims; Code‑Enforcement Threats Are Not “Threats of Force” Under the FACE Act

No Final Decision, No Federal Case: Sixth Circuit Clarifies Finality for Land‑Use and RLUIPA Claims; Code‑Enforcement Threats Are Not “Threats of Force” Under the FACE Act

Date: Nov 16, 2025
No Final Decision, No Federal Case: Sixth Circuit Clarifies Finality for Land‑Use and RLUIPA Claims; Code‑Enforcement Threats Are Not “Threats of Force” Under the FACE Act Introduction In Daniel...
Enforcement of Prefiling Restrictions and Waiver by Inadequate Briefing: Tenth Circuit Affirms Striking of Post‑Judgment Motion and Labels Appeal Frivolous in Massey v. Computershare

Enforcement of Prefiling Restrictions and Waiver by Inadequate Briefing: Tenth Circuit Affirms Striking of Post‑Judgment Motion and Labels Appeal Frivolous in Massey v. Computershare

Date: Nov 16, 2025
Enforcement of Prefiling Restrictions and Waiver by Inadequate Briefing: Tenth Circuit Affirms Striking of Post‑Judgment Motion and Labels Appeal Frivolous in Massey v. Computershare Introduction In...
No Collateral Attacks on Subject-Matter Jurisdiction: Tenth Circuit reinforces res judicata and upholds fees and filing restrictions in Massey v. Computershare

No Collateral Attacks on Subject-Matter Jurisdiction: Tenth Circuit reinforces res judicata and upholds fees and filing restrictions in Massey v. Computershare

Date: Nov 16, 2025
No Collateral Attacks on Subject-Matter Jurisdiction: Tenth Circuit reinforces res judicata and upholds fees and filing restrictions in Massey v. Computershare Introduction In Massey v. Computershare...
Rejecting Relevant Conduct Triggers § 3584’s Consecutive Default—and Underdeveloped Plain-Error Appeals Are Waived: Commentary on United States v. Cerrato-Avila (10th Cir. 2025)

Rejecting Relevant Conduct Triggers § 3584’s Consecutive Default—and Underdeveloped Plain-Error Appeals Are Waived: Commentary on United States v. Cerrato-Avila (10th Cir. 2025)

Date: Nov 16, 2025
Rejecting Relevant Conduct Triggers § 3584’s Consecutive Default—and Underdeveloped Plain-Error Appeals Are Waived Introduction In United States v. Cerrato-Avila, No. 24-1193 (10th Cir. Nov. 13,...
Tenth Circuit Reaffirms Non‑Cognizability of Restitution Challenges Under § 2255 and Emphasizes Frye Prejudice Showing for Plea‑Bargaining IAC at the COA Stage

Tenth Circuit Reaffirms Non‑Cognizability of Restitution Challenges Under § 2255 and Emphasizes Frye Prejudice Showing for Plea‑Bargaining IAC at the COA Stage

Date: Nov 16, 2025
Tenth Circuit Reaffirms Non‑Cognizability of Restitution Challenges Under § 2255 and Emphasizes Frye Prejudice Showing for Plea‑Bargaining IAC at the COA Stage Introduction In United States v....
Refusal to Participate in Internal Investigation Is Not Protected Activity Absent a Contemporaneous, Good‑Faith Belief of Opposing Discrimination

Refusal to Participate in Internal Investigation Is Not Protected Activity Absent a Contemporaneous, Good‑Faith Belief of Opposing Discrimination

Date: Nov 16, 2025
Refusal to Participate in Internal Investigation Is Not Protected Activity Absent a Contemporaneous, Good‑Faith Belief of Opposing Discrimination Court: United States Court of Appeals for the Seventh...
“Appearance” Requires Readiness to Proceed: Seventh Circuit’s Nonprecedential Reaffirmation on Self-Representation, Speedy Trial Exclusions, and Sentencing Enhancements in United States v. Kevin Smith

“Appearance” Requires Readiness to Proceed: Seventh Circuit’s Nonprecedential Reaffirmation on Self-Representation, Speedy Trial Exclusions, and Sentencing Enhancements in United States v. Kevin Smith

Date: Nov 16, 2025
“Appearance” Requires Readiness to Proceed: Seventh Circuit’s Nonprecedential Reaffirmation on Self-Representation, Speedy Trial Exclusions, and Sentencing Enhancements in United States v. Kevin...
Modernizing Florida Civil Practice: Clarified E-Filing/E-Service in Summons, Enhanced Pleading Requirements for Chapter 82 Possession Actions, and Plain-Language Updates to Rule 1.442

Modernizing Florida Civil Practice: Clarified E-Filing/E-Service in Summons, Enhanced Pleading Requirements for Chapter 82 Possession Actions, and Plain-Language Updates to Rule 1.442

Date: Nov 16, 2025
Modernizing Florida Civil Practice: Clarified E-Filing/E-Service in Summons, Enhanced Pleading Requirements for Chapter 82 Possession Actions, and Plain-Language Updates to Rule 1.442 Introduction On...
Florida Supreme Court Aligns CPC Scoresheet with 2025 Statutory Enhancements: New Multipliers for Aggravated Animal Cruelty (1.25) and Fleeing/Eluding (1.5)

Florida Supreme Court Aligns CPC Scoresheet with 2025 Statutory Enhancements: New Multipliers for Aggravated Animal Cruelty (1.25) and Fleeing/Eluding (1.5)

Date: Nov 16, 2025
Florida Supreme Court Aligns CPC Scoresheet with 2025 Statutory Enhancements: New Multipliers for Aggravated Animal Cruelty (1.25) and Fleeing/Eluding (1.5) Introduction In a per curiam...
Mandatory Online Publication of Local Court Governance and Electronic-First Records Retention: Florida Supreme Court Amends Rules 2.215, 2.265, and 2.430

Mandatory Online Publication of Local Court Governance and Electronic-First Records Retention: Florida Supreme Court Amends Rules 2.215, 2.265, and 2.430

Date: Nov 16, 2025
Mandatory Online Publication of Local Court Governance and Electronic-First Records Retention: Florida Supreme Court Amends Rules 2.215, 2.265, and 2.430 Introduction This commentary analyzes the...
No Default Without Proper Service: Third Circuit Reaffirms Nonparty-Service Requirement and Disfavors Defaults in Pro Se § 1983 Litigation

No Default Without Proper Service: Third Circuit Reaffirms Nonparty-Service Requirement and Disfavors Defaults in Pro Se § 1983 Litigation

Date: Nov 16, 2025
No Default Without Proper Service: Third Circuit Reaffirms Nonparty-Service Requirement and Disfavors Defaults in Pro Se § 1983 Litigation Introduction In John M. Gera v. Borough of Frackville, the...
Waiver-by-Amendment: Third Circuit Finds Plaintiff Forfeits Challenge to Removal by Non-Defendant After Adding Remover as a Party; Case-Management Memoranda Count as “Other Paper” for § 1446(b)(3)

Waiver-by-Amendment: Third Circuit Finds Plaintiff Forfeits Challenge to Removal by Non-Defendant After Adding Remover as a Party; Case-Management Memoranda Count as “Other Paper” for § 1446(b)(3)

Date: Nov 16, 2025
Waiver-by-Amendment: Third Circuit Finds Plaintiff Forfeits Challenge to Removal by Non-Defendant After Adding Remover as a Party; Case-Management Memoranda Count as “Other Paper” for § 1446(b)(3)...
Post-Esteras boundaries on “seriousness” at supervised-release revocation: Third Circuit affirms upward variance in United States v. Hardeman

Post-Esteras boundaries on “seriousness” at supervised-release revocation: Third Circuit affirms upward variance in United States v. Hardeman

Date: Nov 16, 2025
Post-Esteras boundaries on “seriousness” at supervised-release revocation: Third Circuit affirms upward variance in United States v. Hardeman Introduction In United States v. Taire Hardeman, the...
Post‑Esteras Boundaries in Revocation Sentencing: Third Circuit Affirms Upward Variance Grounded in Breach of Trust and Violation Conduct in United States v. Taire Hardeman

Post‑Esteras Boundaries in Revocation Sentencing: Third Circuit Affirms Upward Variance Grounded in Breach of Trust and Violation Conduct in United States v. Taire Hardeman

Date: Nov 16, 2025
Post‑Esteras Boundaries in Revocation Sentencing: Third Circuit Affirms Upward Variance Grounded in Breach of Trust and Violation Conduct United States v. Taire Hardeman, No. 24‑2832 & 24‑3230 (3d...
No Express Post-Termination Clause, No Renewal Commissions: Fifth Circuit Clarifies Maryland Law on Captive Agents’ Rights in Sims Agency v. GEICO

No Express Post-Termination Clause, No Renewal Commissions: Fifth Circuit Clarifies Maryland Law on Captive Agents’ Rights in Sims Agency v. GEICO

Date: Nov 16, 2025
No Express Post-Termination Clause, No Renewal Commissions: Fifth Circuit Clarifies Maryland Law on Captive Agents’ Rights in Sims Agency v. GEICO Introduction In Sims Agency, L.L.C. v. Government...
Extreme Speeding, Without Specific Warnings or Other Aggravating Factors, Is Not Willful and Wanton Negligence Under Virginia Law

Extreme Speeding, Without Specific Warnings or Other Aggravating Factors, Is Not Willful and Wanton Negligence Under Virginia Law

Date: Nov 16, 2025
Extreme Speeding, Without Specific Warnings or Other Aggravating Factors, Is Not Willful and Wanton Negligence Under Virginia Law Introduction In Vasterling v. Dirle, No. 23-1702 (4th Cir. Nov. 12,...
Partial Disclosure Triggers Inquiry Notice: Fourth Circuit Clarifies Tolling, Accrual, and Unjust Enrichment in Mission Integrated Technologies, LLC v. Clemente

Partial Disclosure Triggers Inquiry Notice: Fourth Circuit Clarifies Tolling, Accrual, and Unjust Enrichment in Mission Integrated Technologies, LLC v. Clemente

Date: Nov 16, 2025
Partial Disclosure Triggers Inquiry Notice: Fourth Circuit Clarifies Tolling, Accrual, and Unjust Enrichment in Mission Integrated Technologies, LLC v. Clemente Introduction This published Fourth...
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