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protection-of-fanciful-trademarks-and-recovery-of-infringer& Case Commentaries

No Constructive Notice from Tracks Alone: Fifth Circuit Reaffirms Mississippi’s Temporal Proof Requirement in Slip‑and‑Fall Cases

No Constructive Notice from Tracks Alone: Fifth Circuit Reaffirms Mississippi’s Temporal Proof Requirement in Slip‑and‑Fall Cases

Date: Oct 2, 2025
No Constructive Notice from Tracks Alone: Fifth Circuit Reaffirms Mississippi’s Temporal Proof Requirement in Slip‑and‑Fall Cases Introduction In Harrison v. Houchens Food Group, the United States...
“Actual Knowledge” Means an Actual Inference: Fifth Circuit Reaffirms Strict Pleading for K–12 Title IX Liability in Monroe v. Aldine ISD

“Actual Knowledge” Means an Actual Inference: Fifth Circuit Reaffirms Strict Pleading for K–12 Title IX Liability in Monroe v. Aldine ISD

Date: Oct 2, 2025
“Actual Knowledge” Means an Actual Inference: Fifth Circuit Reaffirms Strict Pleading for K–12 Title IX Liability in Monroe v. Aldine ISD Introduction In an unpublished per curiam decision, the...
No Heightened Review Without an Arguable Limitations Bar: Fifth Circuit Affirms Rule 41(b) Dismissal of a Post-Conviction Rule 41(g) Property-Return Action

No Heightened Review Without an Arguable Limitations Bar: Fifth Circuit Affirms Rule 41(b) Dismissal of a Post-Conviction Rule 41(g) Property-Return Action

Date: Oct 2, 2025
No Heightened Review Without an Arguable Limitations Bar: Fifth Circuit Affirms Rule 41(b) Dismissal of a Post-Conviction Rule 41(g) Property-Return Action Introduction In Sanusi v. United States,...
No Free Appellate Stay: Tenth Circuit BAP Affirms Conversion Where Chapter 11 Was Used to Avoid a Supersedeas Bond Absent Immediate Financial Distress

No Free Appellate Stay: Tenth Circuit BAP Affirms Conversion Where Chapter 11 Was Used to Avoid a Supersedeas Bond Absent Immediate Financial Distress

Date: Oct 2, 2025
No Free Appellate Stay: Tenth Circuit BAP Affirms Conversion Where Chapter 11 Was Used to Avoid a Supersedeas Bond Absent Immediate Financial Distress Introduction This commentary examines the Tenth...
Ivey v. Tuggle: State‑Law Attacks on Prison Administrative Reclassification and 85% Credit Eligibility Are Not Cognizable Under § 2241

Ivey v. Tuggle: State‑Law Attacks on Prison Administrative Reclassification and 85% Credit Eligibility Are Not Cognizable Under § 2241

Date: Oct 2, 2025
Ivey v. Tuggle: State‑Law Attacks on Prison Administrative Reclassification and 85% Credit Eligibility Are Not Cognizable Under § 2241 Introduction In Ivey v. Tuggle, No. 25-7049 (10th Cir. Sept. 30,...
Private Resort to Courts Is Not “State Action”: Tenth Circuit Affirms § 1983 Dismissal and Clarifies Post–Rule 59(e) Appellate Requirements in Pollak v. Strong

Private Resort to Courts Is Not “State Action”: Tenth Circuit Affirms § 1983 Dismissal and Clarifies Post–Rule 59(e) Appellate Requirements in Pollak v. Strong

Date: Oct 2, 2025
Private Resort to Courts Is Not “State Action”: Tenth Circuit Affirms § 1983 Dismissal and Clarifies Post–Rule 59(e) Appellate Requirements in Pollak v. Strong Court: United States Court of Appeals...
Neutral, Generally Applicable Funding Conditions: Tenth Circuit Upholds Colorado’s UPK Nondiscrimination Rule and Limits Expressive Association in Preschool Admissions

Neutral, Generally Applicable Funding Conditions: Tenth Circuit Upholds Colorado’s UPK Nondiscrimination Rule and Limits Expressive Association in Preschool Admissions

Date: Oct 2, 2025
Neutral, Generally Applicable Funding Conditions: Tenth Circuit Upholds Colorado’s UPK Nondiscrimination Rule and Limits Expressive Association in Preschool Admissions Introduction In St. Mary...
Reckless-Force Robbery and the ACCA: Tenth Circuit Declares Oklahoma Armed Robbery Not a “Violent Felony” Under § 924(e)(2)(B)(i)

Reckless-Force Robbery and the ACCA: Tenth Circuit Declares Oklahoma Armed Robbery Not a “Violent Felony” Under § 924(e)(2)(B)(i)

Date: Oct 2, 2025
Reckless-Force Robbery and the ACCA: Tenth Circuit Declares Oklahoma Armed Robbery Not a “Violent Felony” Under § 924(e)(2)(B)(i) Introduction In United States v. Campbell (10th Cir. Sept. 30, 2025),...
McCane Still Controls After Rahimi: Tenth Circuit Reaffirms § 922(g)(1)’s Constitutionality and Clarifies Preservation When the District Court Acts Sua Sponte

McCane Still Controls After Rahimi: Tenth Circuit Reaffirms § 922(g)(1)’s Constitutionality and Clarifies Preservation When the District Court Acts Sua Sponte

Date: Oct 2, 2025
McCane Still Controls After Rahimi: Tenth Circuit Reaffirms § 922(g)(1)’s Constitutionality and Clarifies Preservation When the District Court Acts Sua Sponte Introduction In United States v. Forbis...
Gross Receipts Plus Silence: Tenth Circuit Adopts Tax-Style Burden of Production for Expenses in SSA Disability-Fraud and Expands Loss to Foreseeable Dependent and Post-Period Benefits

Gross Receipts Plus Silence: Tenth Circuit Adopts Tax-Style Burden of Production for Expenses in SSA Disability-Fraud and Expands Loss to Foreseeable Dependent and Post-Period Benefits

Date: Oct 2, 2025
Gross Receipts Plus Silence: Tenth Circuit Adopts Tax-Style Burden of Production for Expenses in SSA Disability-Fraud and Expands Loss to Foreseeable Dependent and Post-Period Benefits Introduction...
United States v. Sisney (10th Cir. 2025): Strict Enforcement of Plain-Error Briefing for Unpreserved Challenges to Supervised-Release Conditions

United States v. Sisney (10th Cir. 2025): Strict Enforcement of Plain-Error Briefing for Unpreserved Challenges to Supervised-Release Conditions

Date: Oct 2, 2025
United States v. Sisney (10th Cir. 2025): Strict Enforcement of Plain-Error Briefing for Unpreserved Challenges to Supervised-Release Conditions Introduction This commentary analyzes the Tenth...
Post-Rahimi Reaffirmation in the Tenth Circuit: § 922(g)(1) Remains Valid Against Nonviolent Felons; Sua Sponte Rulings Preserve Issues for Appeal

Post-Rahimi Reaffirmation in the Tenth Circuit: § 922(g)(1) Remains Valid Against Nonviolent Felons; Sua Sponte Rulings Preserve Issues for Appeal

Date: Oct 2, 2025
Post-Rahimi Reaffirmation in the Tenth Circuit: § 922(g)(1) Remains Valid Against Nonviolent Felons; Sua Sponte Rulings Preserve Issues for Appeal Introduction In this consolidated order and...
Tenth Circuit Adopts a Case-Specific Reading of 18 U.S.C. § 3283: Extended Limitations for Child Sexual Abuse Apply Without the Categorical Approach

Tenth Circuit Adopts a Case-Specific Reading of 18 U.S.C. § 3283: Extended Limitations for Child Sexual Abuse Apply Without the Categorical Approach

Date: Oct 2, 2025
Tenth Circuit Adopts a Case-Specific Reading of 18 U.S.C. § 3283: Extended Limitations for Child Sexual Abuse Apply Without the Categorical Approach Introduction In United States v. Tso, the Tenth...
No Pro Se Representation of Others and Heightened Gatekeeping of Extraordinary Writs: Commentary on the Supreme Court of Ohio’s October 1, 2025 Case Announcements

No Pro Se Representation of Others and Heightened Gatekeeping of Extraordinary Writs: Commentary on the Supreme Court of Ohio’s October 1, 2025 Case Announcements

Date: Oct 2, 2025
No Pro Se Representation of Others and Heightened Gatekeeping of Extraordinary Writs: Commentary on the Supreme Court of Ohio’s October 1, 2025 Case Announcements Introduction On October 1, 2025, the...
Waiver-Induced Mootness on Appeal: Sixth Circuit Dismisses NCAA’s Preliminary-Injunction Appeal and Declines Munsingwear Vacatur

Waiver-Induced Mootness on Appeal: Sixth Circuit Dismisses NCAA’s Preliminary-Injunction Appeal and Declines Munsingwear Vacatur

Date: Oct 2, 2025
Waiver-Induced Mootness on Appeal: Sixth Circuit Dismisses NCAA’s Preliminary-Injunction Appeal and Declines Munsingwear Vacatur Introduction This published Sixth Circuit decision arises from a...
Affirmance on Alternative Grounds: No State Action Under § 1983, Time-Barred Claims, and Kentucky Venue Control Despite Rooker-Feldman Misstep

Affirmance on Alternative Grounds: No State Action Under § 1983, Time-Barred Claims, and Kentucky Venue Control Despite Rooker-Feldman Misstep

Date: Oct 2, 2025
Affirmance on Alternative Grounds: No State Action Under § 1983, Time-Barred Claims, and Kentucky Venue Control Despite Rooker-Feldman Misstep Introduction In Alan Boyd Curtis v. Robyn Pauline...
Second Department Confirms Villages May Add MS4 Illicit-Discharge Cleanup Costs to the Tax Roll Without a Pre-Deprivation Hearing

Second Department Confirms Villages May Add MS4 Illicit-Discharge Cleanup Costs to the Tax Roll Without a Pre-Deprivation Hearing

Date: Oct 2, 2025
Second Department Confirms Villages May Add MS4 Illicit-Discharge Cleanup Costs to the Tax Roll Without a Pre-Deprivation Hearing Introduction Matter of Harbourview Realty, LLC v. Village of Roslyn...
Second Department Clarifies: LLC Law § 414 Does Not Permit Majority Removal of Member-Managers in Member-Managed LLCs Absent Express Contractual Authority

Second Department Clarifies: LLC Law § 414 Does Not Permit Majority Removal of Member-Managers in Member-Managed LLCs Absent Express Contractual Authority

Date: Oct 2, 2025
Second Department Clarifies: LLC Law § 414 Does Not Permit Majority Removal of Member-Managers in Member-Managed LLCs Absent Express Contractual Authority Case: Lengyel-Fushimi v. Bellis, 2025 NY...
No Duty Shift Without Proven Refusal: Conditional Consent Preserves Strict Liability Under NYC BC § 3309.4

No Duty Shift Without Proven Refusal: Conditional Consent Preserves Strict Liability Under NYC BC § 3309.4

Date: Oct 2, 2025
No Duty Shift Without Proven Refusal: Conditional Consent Preserves Strict Liability Under NYC BC § 3309.4 Introduction In K.K. Machine Co., Inc. v. Grillo, 2025 NY Slip Op 05225 (App Div, 2d Dept...
Course of Performance and Pandemic Rent Reductions Can Create Triable Issues of Oral Modification and Promissory Estoppel Despite No‑Oral‑Modification Clauses

Course of Performance and Pandemic Rent Reductions Can Create Triable Issues of Oral Modification and Promissory Estoppel Despite No‑Oral‑Modification Clauses

Date: Oct 2, 2025
Course of Performance and Pandemic Rent Reductions Can Create Triable Issues of Oral Modification and Promissory Estoppel Despite No‑Oral‑Modification Clauses Introduction In 2261 Realty, LLC v. Cai...
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