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

Judicial Notice of a Prior Competency Finding Is Permissible Without Vouching; Strict Timeliness for Rule 37 Appeals Confirmed — Commentary on United States v. Ferrer‑Sosa (1st Cir.)

Date: Oct 1, 2025

Judicial Notice of a Prior Competency Finding Is Permissible Without Vouching; Strict Timeliness for Rule 37 Appeals Confirmed — United States v. Ferrer‑Sosa (1st Cir.) Introduction This commentary...

Reasonable Efforts May Be Satisfied by Prior and Ongoing Services; Trial Court Credibility Findings Govern Post‑Termination Visitation (In re D.G. and L.G.)

Date: Oct 1, 2025

Reasonable Efforts May Be Satisfied by Prior and Ongoing Services; Trial Court Credibility Findings Govern Post‑Termination Visitation Commentary on In re D.G. and L.G., No. 24-595 (W. Va. Sept. 30,...

United States v. Luciano: Seventh Circuit Reaffirms Boundaries of Anders Review and Common Trial/Sentencing Claims in a Nonprecedential Disposition

Date: Oct 1, 2025

United States v. Luciano: Seventh Circuit Reaffirms Boundaries of Anders Review and Common Trial/Sentencing Claims in a Nonprecedential Disposition Introduction This commentary examines the Seventh...

Seventh Circuit Reaffirms Reliability-Over-Suggestiveness for Single-Photo Identifications, Proper Venue in Conspiracy Cases, and Presumptive Reasonableness of Below-Guidelines Sentences in an Anders Dismissal

Date: Oct 1, 2025

Seventh Circuit Reaffirms Reliability-Over-Suggestiveness for Single-Photo Identifications, Proper Venue in Conspiracy Cases, and Presumptive Reasonableness of Below-Guidelines Sentences in an Anders...

Refusal Is Not a Shield: Seventh Circuit Confirms That “Reasonably Calculated” Notice, Including Alternative Delivery and Judicial Notice of Associated Addresses, Satisfies OSHA Service for Summary Enforcement

Date: Oct 1, 2025

Refusal Is Not a Shield: Seventh Circuit Confirms That “Reasonably Calculated” Notice, Including Alternative Delivery and Judicial Notice of Associated Addresses, Satisfies OSHA Service for Summary...

Consent to Legal Guardianship Does Not Limit Court’s Authority to Terminate Parental Rights When No Reasonable Likelihood of Correction Exists

Date: Oct 1, 2025

Consent to Legal Guardianship Does Not Limit Court’s Authority to Terminate Parental Rights When No Reasonable Likelihood of Correction Exists Introduction In a memorandum decision issued on...

No Clearly Established Fourth Amendment Bar to Trousers-Down Gun Search or 20‑Minute Seclusion in Schools; Sixth Circuit Affirms Interlocutory Review of Qualified Immunity on Plaintiff’s Facts

Date: Oct 1, 2025

No Clearly Established Fourth Amendment Bar to Trousers-Down Gun Search or 20‑Minute Seclusion in Schools; Sixth Circuit Affirms Interlocutory Review of Qualified Immunity on Plaintiff’s Facts...

Fair Access, Not Blind Deference: Sixth Circuit Limits Preclusion of Prison Disciplinary Findings and Clarifies Video-Based Summary Judgment

Date: Oct 1, 2025

Fair Access, Not Blind Deference: Sixth Circuit Limits Preclusion of Prison Disciplinary Findings and Clarifies Video-Based Summary Judgment Introduction In Brent James Nash v. Austin Bryce and...

Only Executive Orders Are Appealable in GLC COAM Arbitrations: Georgia Supreme Court Clarifies That Interim Awards Do Not Trigger the 10‑Day Review Deadline

Date: Oct 1, 2025

Only Executive Orders Are Appealable in GLC COAM Arbitrations: Georgia Supreme Court Clarifies That Interim Awards Do Not Trigger the 10‑Day Review Deadline Case: Ultra Group of Companies, Inc. v....

No Unwarranted Disparity Shown by Aggregate Statistics: Eleventh Circuit Affirms Statutory-Maximum Upward Variance and Consecutive Revocation Term for Immediate Recidivism in Child-Pornography Case

Date: Oct 1, 2025

No Unwarranted Disparity Shown by Aggregate Statistics: Eleventh Circuit Affirms Statutory-Maximum Upward Variance and Consecutive Revocation Term for Immediate Recidivism in Child-Pornography Case...

No Cognizable PSG for Generic Police Informants and No Political-Opinion Nexus; CAT Requires Particularized Risk: Second Circuit’s Summary Order in Velecela Rojas v. Bondi

Date: Oct 1, 2025

No Cognizable PSG for Generic Police Informants and No Political-Opinion Nexus; CAT Requires Particularized Risk: Second Circuit’s Summary Order in Velecela Rojas v. Bondi Court: United States Court...

Competency ≠ Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency and Demands Timely Appeals from Rule 37 Indicative Rulings — United States v. Vázquez‑Rijos

Date: Oct 1, 2025

Competency ≠ Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency and Demands Timely Appeals from Rule 37 Indicative Rulings Case: United States v. Vázquez‑Rijos (1st Cir.)...

Reasonable Efforts Clarified: Prior-Case Services and Futility Can Satisfy DHS’s Reunification Duty in Recidivist Neglect Cases

Date: Oct 1, 2025

Reasonable Efforts Clarified: Prior-Case Services and Futility Can Satisfy DHS’s Reunification Duty in Recidivist Neglect Cases Introduction In re D.G. and L.G., No. 24-620 (W. Va. Sept. 30, 2025),...

In re B.S.: The 15/22-Month Permanency Cap Meaningfully Limits Improvement-Period Extensions; Near-Completion of Treatment Is Not a “Compelling Circumstance”

Date: Oct 1, 2025

In re B.S.: The 15/22-Month Permanency Cap Meaningfully Limits Improvement-Period Extensions; Near-Completion of Treatment Is Not a “Compelling Circumstance” Introduction In this memorandum decision,...

In re B.N.: Delineated, Best‑Interest Visitation for Relative Caregivers Without a Grandparent Visitation Act Motion—and Strict Standing Limits for Non‑Intervenor Grandparents

Date: Oct 1, 2025

In re B.N.: Delineated, Best‑Interest Visitation for Relative Caregivers Without a Grandparent Visitation Act Motion—and Strict Standing Limits for Non‑Intervenor Grandparents Introduction The...

Temporary Guardianship Does Not Defeat Abuse-and-Neglect Jurisdiction; Voluntary Relinquishment Bars Case-Plan Attacks — Commentary on In re A.F. and K.F. (W. Va. Sept. 30, 2025)

Date: Oct 1, 2025

Temporary Guardianship Does Not Defeat Abuse-and-Neglect Jurisdiction; Voluntary Relinquishment Bars Case-Plan Attacks — Commentary on In re A.F. and K.F. (W. Va. Sept. 30, 2025) Introduction This...

Termination Without Less Restrictive Alternatives and a Rigorous “Substantial Change” Threshold for Post‑Dispositional Improvement Periods: Commentary on In re A.F. and H.J.

Date: Oct 1, 2025

Termination Without Less Restrictive Alternatives and a Rigorous “Substantial Change” Threshold for Post‑Dispositional Improvement Periods: Commentary on In re A.F. and H.J. Introduction This...

Williams v. State: Georgia Supreme Court Reaffirms Broad Trial-Court Discretion to Admit Victims’ Domestic‑Violence Statements Under Rule 807

Date: Oct 1, 2025

Williams v. State: Georgia Supreme Court Reaffirms Broad Trial-Court Discretion to Admit Victims’ Domestic‑Violence Statements Under Rule 807 Court: Supreme Court of Georgia | Date: September 30,...

Eleventh Circuit: Sentencing Statistics Alone Do Not Prove § 3553(a)(6) Disparity; Statutory-Max Upward Variance and Consecutive Revocation Term Upheld for Child-Pornography Recidivist

Date: Oct 1, 2025

Eleventh Circuit: Sentencing Statistics Alone Do Not Prove § 3553(a)(6) Disparity; Statutory-Max Upward Variance and Consecutive Revocation Term Upheld for Child-Pornography Recidivist Introduction...

Direct Admissions as Direct Evidence: Green v. State Reaffirms That OCGA § 24-14-6 Does Not Apply When the State Presents Any Admission by the Accused

Date: Oct 1, 2025

Direct Admissions as Direct Evidence: Green v. State Reaffirms That OCGA § 24-14-6 Does Not Apply When the State Presents Any Admission by the Accused Introduction In Green v. State, the Supreme...

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