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

Arbitration Agreements Are Not “Health-Care Decisions”: The Kentucky Supreme Court Narrows KRS 311.631 Spousal Authority

Arbitration Agreements Are Not “Health-Care Decisions”: The Kentucky Supreme Court Narrows KRS 311.631 Spousal Authority

Date: Aug 15, 2025
Arbitration Agreements Are Not “Health-Care Decisions”: The Kentucky Supreme Court Narrows KRS 311.631 Spousal Authority Introduction In Lexington Alzheimer’s Investors, LLC d/b/a The Lantern at...
Prevailing “In Whole” Without Judicial Imprimatur: Third Department Adopts a Text‑Driven Catalyst Rule Under New York’s EAJA and Overrules Clarke v. Annucci

Prevailing “In Whole” Without Judicial Imprimatur: Third Department Adopts a Text‑Driven Catalyst Rule Under New York’s EAJA and Overrules Clarke v. Annucci

Date: Aug 15, 2025
Prevailing “In Whole” Without Judicial Imprimatur: Third Department Adopts a Text‑Driven Catalyst Rule Under New York’s EAJA and Overrules Clarke v. Annucci Case: Matter of Markey v. Tietz, 2025 NY...
Approval-as-Injury: New York Recognizes Organizational Standing to Preemptively Challenge Certified Voting Machines and Permits Recasting of Article 78 Relief

Approval-as-Injury: New York Recognizes Organizational Standing to Preemptively Challenge Certified Voting Machines and Permits Recasting of Article 78 Relief

Date: Aug 15, 2025
Approval-as-Injury: New York Recognizes Organizational Standing to Preemptively Challenge Certified Voting Machines and Permits Recasting of Article 78 Relief Introduction In Matter of Common Cause...
The Three-Day Filing Rule Is Jurisdictional: First Department Vacates Neglect Finding and Declares Prolonged Removal Unlawful in Matter of Kaius A. v. Abigail H.

The Three-Day Filing Rule Is Jurisdictional: First Department Vacates Neglect Finding and Declares Prolonged Removal Unlawful in Matter of Kaius A. v. Abigail H.

Date: Aug 15, 2025
The Three-Day Filing Rule Is Jurisdictional: First Department Vacates Neglect Finding and Declares Prolonged Removal Unlawful in Matter of Kaius A. v. Abigail H. Introduction This commentary examines...
No “Whole Story” Shortcut: New Hampshire Bars Use of Restraining Orders and Subsequent Violations as Rule 404(b) “Context” Absent a Non‑Propensity Link and Overriding Probative Value

No “Whole Story” Shortcut: New Hampshire Bars Use of Restraining Orders and Subsequent Violations as Rule 404(b) “Context” Absent a Non‑Propensity Link and Overriding Probative Value

Date: Aug 15, 2025
No “Whole Story” Shortcut: New Hampshire Bars Use of Restraining Orders and Subsequent Violations as Rule 404(b) “Context” Absent a Non‑Propensity Link and Overriding Probative Value Introduction In...
Supreme Court Clarifies that Unjust-Enrichment Claims Cannot Circumvent Mississippi’s Minutes Rule

Supreme Court Clarifies that Unjust-Enrichment Claims Cannot Circumvent Mississippi’s Minutes Rule

Date: Aug 15, 2025
Supreme Court Clarifies that Unjust-Enrichment Claims Cannot Circumvent Mississippi’s Minutes Rule Introduction In The Mississippi State Port Authority at Gulfport v. Yilport Holding A.S., No....
“Look-but-Don’t-Intimidate”:  Simpson v. Commonwealth and the Permissible Use of Courtroom Barriers Consistent with the Confrontation Clause

“Look-but-Don’t-Intimidate”: Simpson v. Commonwealth and the Permissible Use of Courtroom Barriers Consistent with the Confrontation Clause

Date: Aug 15, 2025
“Look-but-Don’t-Intimidate”: Simpson v. Commonwealth and the Permissible Use of Courtroom Barriers Consistent with the Confrontation Clause 1. Introduction Jamie Simpson appealed his 60-year sentence...
“Ross–Haydon Bridge Reconciliation Rule”: Kentucky Supreme Court Clarifies Sovereign-Immunity Limits on Refund Suits Against the State

“Ross–Haydon Bridge Reconciliation Rule”: Kentucky Supreme Court Clarifies Sovereign-Immunity Limits on Refund Suits Against the State

Date: Aug 15, 2025
“Ross–Haydon Bridge Reconciliation Rule” Kentucky Supreme Court Clarifies Sovereign-Immunity Limits on Monetary Relief and Refund Actions Introduction On 14 August 2025 the Supreme Court of Kentucky...
“Due vs. Never-Due” Refunds: The Kentucky Supreme Court Re-draws the Sovereign-Immunity Line in Long v. Commonwealth (2025)

“Due vs. Never-Due” Refunds: The Kentucky Supreme Court Re-draws the Sovereign-Immunity Line in Long v. Commonwealth (2025)

Date: Aug 15, 2025
“Due vs. Never-Due” Refunds: The Kentucky Supreme Court Re-draws the Sovereign-Immunity Line Commonwealth of Kentucky, Department of Revenue v. Long (2025) Introduction The consolidated decision in...
“Party-Affiliation ≠ State Action” – The Second Circuit’s Re-confirmation of the State-Actor Requirement in Sherpa v. Bondi

“Party-Affiliation ≠ State Action” – The Second Circuit’s Re-confirmation of the State-Actor Requirement in Sherpa v. Bondi

Date: Aug 15, 2025
“Party-Affiliation ≠ State Action” – The Second Circuit’s Re-confirmation of the State-Actor Requirement in Sherpa v. Bondi 1. Introduction Sherpa v. Bondi, No. 23-6172 (2d Cir. Aug. 14 2025) is a...
“Never‐Due” v. “Due” Funds – The Kentucky Supreme Court’s New Two-Tier Rule for Sovereign Immunity Refund Actions

“Never‐Due” v. “Due” Funds – The Kentucky Supreme Court’s New Two-Tier Rule for Sovereign Immunity Refund Actions

Date: Aug 15, 2025
“Never-Due” v. “Due” Funds – A Commentary on Long v. Commonwealth of Kentucky, Department of Revenue (Ky. 2025) 1 · Introduction On 14 August 2025 the Supreme Court of Kentucky issued a consolidated...
Scarborough Refined: Delaware Supreme Court Clarifies Strickland-Prejudice Analysis for Missed Plea-Withdrawal Motions

Scarborough Refined: Delaware Supreme Court Clarifies Strickland-Prejudice Analysis for Missed Plea-Withdrawal Motions

Date: Aug 15, 2025
Scarborough Refined: Delaware Supreme Court Clarifies Strickland-Prejudice Analysis for Missed Plea-Withdrawal Motions Introduction In Smith v. State, No. 179, 2024 (Del. Aug. 14, 2025), the Supreme...
Enhanced Disclosure & Gate-Keeping Standards for Historic Cell-Site Evidence: Analysis of Shawn Hollingsworth, Jr. v. Commonwealth of Kentucky (2025)

Enhanced Disclosure & Gate-Keeping Standards for Historic Cell-Site Evidence: Analysis of Shawn Hollingsworth, Jr. v. Commonwealth of Kentucky (2025)

Date: Aug 15, 2025
Enhanced Disclosure & Gate-Keeping Standards for Historic Cell-Site Evidence: Commentary on Shawn Hollingsworth, Jr. v. Commonwealth of Kentucky, Supreme Court of Kentucky (2025) Introduction The...
“Never-Due” Funds and the Limits of Sovereign Immunity: A Commentary on Long v. Commonwealth of Kentucky (2025)

“Never-Due” Funds and the Limits of Sovereign Immunity: A Commentary on Long v. Commonwealth of Kentucky (2025)

Date: Aug 15, 2025
“Never-Due” Funds and the Limits of Sovereign Immunity: A Structured Commentary on Long v. Commonwealth of Kentucky (Ky. 2025) 1. Introduction The Supreme Court of Kentucky’s consolidated decision in...
“The Reach of Waiver” – How Express Agreement Forecloses Appellate Review in Kentucky: A Commentary on Kenny Dile, Jr. v. Commonwealth

“The Reach of Waiver” – How Express Agreement Forecloses Appellate Review in Kentucky: A Commentary on Kenny Dile, Jr. v. Commonwealth

Date: Aug 15, 2025
“The Reach of Waiver” – How Express Agreement Forecloses Appellate Review in Kentucky: A Structured Commentary on Kenny Dile, Jr. v. Commonwealth of Kentucky (Ky. Sup. Ct., Aug. 14 2025) 1....
“When the Youth Court Lets Go” — Clarifying Chancery-Court Jurisdiction After Voluntary Youth-Court Relinquishment

“When the Youth Court Lets Go” — Clarifying Chancery-Court Jurisdiction After Voluntary Youth-Court Relinquishment

Date: Aug 15, 2025
“When the Youth Court Lets Go” — Clarifying Chancery-Court Jurisdiction After Voluntary Youth-Court Relinquishment 1. Introduction K.S. v. M.D. and M.F.D. is the Mississippi Supreme Court’s most...
“Stacked-Probabilities” and the Preliminary Injunction: The Fourth Circuit’s New Multiplicative-Likelihood Doctrine in American Federation of Teachers v. Bessent

“Stacked-Probabilities” and the Preliminary Injunction: The Fourth Circuit’s New Multiplicative-Likelihood Doctrine in American Federation of Teachers v. Bessent

Date: Aug 14, 2025
“Stacked-Probabilities” and the Preliminary Injunction: The Fourth Circuit’s New Multiplicative-Likelihood Doctrine in American Federation of Teachers v. Bessent 1. Introduction On 12 August 2025 the...
“Ratification Trumps Procedure” – Fourth Circuit Clarifies that Homeowners May Cure an Unauthorized Referendum by Subsequent Vote

“Ratification Trumps Procedure” – Fourth Circuit Clarifies that Homeowners May Cure an Unauthorized Referendum by Subsequent Vote

Date: Aug 14, 2025
“Ratification Trumps Procedure” – Fourth Circuit Clarifies that Homeowners May Cure an Unauthorized Referendum by Subsequent Vote 1. Introduction In Jill K. Jinks v. Community Services Associates...
“The Jinks Ratification Rule” – When a Super-Majority Vote Cures Procedural Defects in Community Covenant Amendments

“The Jinks Ratification Rule” – When a Super-Majority Vote Cures Procedural Defects in Community Covenant Amendments

Date: Aug 14, 2025
“The Jinks Ratification Rule” – When a Super-Majority Vote Cures Procedural Defects in Community Covenant Amendments Introduction In Jill K. Jinks v. Sea Pines Resort LLC, Nos. 22-2013 & 22-2056 (4th...
No Duty Without the Dike: Fourth Circuit Re-Affirms Plain-Language Contract Enforcement in Infrastructure-License Agreements

No Duty Without the Dike: Fourth Circuit Re-Affirms Plain-Language Contract Enforcement in Infrastructure-License Agreements

Date: Aug 14, 2025
No Duty Without the Dike: Fourth Circuit Re-Affirms Plain-Language Contract Enforcement in Infrastructure-License Agreements 1. Introduction Jimmy Edwards v. CSX Transportation, Inc., No. 23-1909...
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