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

Confrontation Beyond “Similar Motive”: Michigan Supreme Court flags distinct constitutional and evidentiary inquiries and questions diligence when cooperators go missing

Date: Oct 9, 2025

Confrontation Beyond “Similar Motive”: The Michigan Supreme Court flags distinct constitutional and evidentiary inquiries and questions diligence when cooperators go missing Introduction In People of...

Oros and Chambers Remain Controlling—But the Court Signals Reassessment of Premeditation and Police “Effect-on-Listener” Testimony in People v. Turner

Date: Oct 9, 2025

Oros and Chambers Remain Controlling—But the Court Signals Reassessment of Premeditation and Police “Effect-on-Listener” Testimony in People v. Turner Case: People of Michigan v. Keith Devon Turner,...

OV 13 Means “Felonious Activity,” Not “Felony Convictions”: Denial of Leave in People v. Carey and the Unresolved Scope of Kaczmarek for Post‑Revocation Guidelines Challenges

Date: Oct 9, 2025

OV 13 Means “Felonious Activity,” Not “Felony Convictions”: Denial of Leave in People v. Carey and the Unresolved Scope of Kaczmarek for Post‑Revocation Guidelines Challenges Introduction In People...

Retaliatory Eviction at the End of “Hybrid” Leases: Michigan Supreme Court Signals Reconsideration of the Fixed‑Term Exception and Remands for Full Review

Date: Oct 9, 2025

Retaliatory Eviction at the End of “Hybrid” Leases: Michigan Supreme Court Signals Reconsideration of the Fixed‑Term Exception and Remands for Full Review Introduction In Prudential Properties v....

State v. Price: Nebraska adopts abuse-of-discretion review for expanded news media coverage objections; clarifies Miranda waiver/invocation and reaffirms no jail‑time credit against life sentences

Date: Oct 9, 2025

State v. Price: Nebraska adopts abuse-of-discretion review for expanded news media coverage objections; clarifies Miranda waiver/invocation and reaffirms no jail‑time credit against life sentences...

Invited Error Waives Instructional Objections; Single-Count Third-Degree Sexual Abuse Requires No Act-Specific Jury Instruction

Date: Oct 9, 2025

Invited Error Waives Instructional Objections; Single-Count Third-Degree Sexual Abuse Requires No Act-Specific Jury Instruction Introduction This commentary examines the Supreme Court of Wyoming’s...

Consent Decree Dissolution Does Not Terminate Divestment Contracts: Alaska Supreme Court Clarifies Contract Survival and Permissive Intervention in ARTA Enforcement

Date: Oct 9, 2025

Consent Decree Dissolution Does Not Terminate Divestment Contracts: Alaska Supreme Court Clarifies Contract Survival and Permissive Intervention in ARTA Enforcement Court: Supreme Court of the State...

Independent Warrant Analysis Required for Ride‑Hail App Searches During Traffic Stops: Second Circuit’s Nonprecedential Reminder in Etere v. Nassau County

Date: Oct 9, 2025

Independent Warrant Analysis Required for Ride‑Hail App Searches During Traffic Stops: Second Circuit’s Nonprecedential Reminder in Etere v. Nassau County Introduction In Etere v. Nassau County (No....

No Clearly Established Right to Proximity-Based Religious Accommodation in Prison Laundry: Tripathy v. Lockwood (2d Cir. 2025 Summary Order)

Date: Oct 9, 2025

No Clearly Established Right to Proximity-Based Religious Accommodation in Prison Laundry: Tripathy v. Lockwood (2d Cir. 2025 Summary Order) Introduction This commentary analyzes the Second Circuit’s...

Reaffirming Individualized Justifications Yet Affirming via Plain-Error Narrow Constructions: The Second Circuit’s Approach to Special Supervised Release Conditions in United States v. Schloss

Date: Oct 9, 2025

Reaffirming Individualized Justifications Yet Affirming via Plain-Error Narrow Constructions: The Second Circuit’s Approach to Special Supervised Release Conditions in United States v. Schloss...

Fee-Shifting After Remand: Second Circuit Confirms § 1447(c) Awards in “Unusual Circumstances” and Permits Post-Precedent Reasonableness Assessment

Date: Oct 9, 2025

Fee-Shifting After Remand: Second Circuit Confirms § 1447(c) Awards in “Unusual Circumstances” and Permits Post-Precedent Reasonableness Assessment Introduction In City of New York v. Exxon Mobil...

“#1 Brand” Claims Under the Lanham Act: The Second Circuit Clarifies That Literal Falsity Requires an Unambiguous Consumer Meaning When “Brand” May Refer to Parent or Product Lines

Date: Oct 9, 2025

“#1 Brand” Claims Under the Lanham Act: The Second Circuit Clarifies That Literal Falsity Requires an Unambiguous Consumer Meaning When “Brand” May Refer to Parent or Product Lines Introduction In...

Eleventh Circuit Clarifies: After One Instructed Repleader and Explicit Warnings, Pro Se Shotgun Pleadings May Be Dismissed With Prejudice Under Rule 41(b)

Date: Oct 9, 2025

Eleventh Circuit Clarifies: After One Instructed Repleader and Explicit Warnings, Pro Se Shotgun Pleadings May Be Dismissed With Prejudice Under Rule 41(b) Introduction In this unpublished, per...

Conditional Intent, Short Stays, and Tourist Visas: Eleventh Circuit Clarifies Habitual Residence and Harmless-Error Review in ICARA Cases

Date: Oct 9, 2025

Conditional Intent, Short Stays, and Tourist Visas: Eleventh Circuit Clarifies Habitual Residence and Harmless-Error Review in ICARA Cases Introduction In Forest Lee v. Tiffany Curcio, No. 25-11835...

Eleventh Circuit Clarifies FDCPA Limits: State‑Mandated Nonjudicial Foreclosure Notices Do Not Create “Debt Collector” Status; § 1692f(6) Requires Absence of a Present Right to Possession

Date: Oct 9, 2025

Eleventh Circuit Clarifies FDCPA Limits: State‑Mandated Nonjudicial Foreclosure Notices Do Not Create “Debt Collector” Status; § 1692f(6) Requires Absence of a Present Right to Possession...

“Play ALJ, Not Doctor”: Eleventh Circuit Affirms ALJ’s Authority Under Post‑2017 SSA Regulations to Reject Medical Opinion Limitations Based on Supportability and Consistency

Date: Oct 9, 2025

“Play ALJ, Not Doctor”: Eleventh Circuit Affirms ALJ’s Authority Under Post‑2017 SSA Regulations to Reject Medical Opinion Limitations Based on Supportability and Consistency Case: Marta Rivera v....

Independent Obligations Under California Law Do Not Excuse Self‑Help Termination; Good‑Faith Amount‑in‑Controversy Pleading Controls Diversity Jurisdiction

Date: Oct 9, 2025

Independent Obligations Under California Law Do Not Excuse Self‑Help Termination; Good‑Faith Amount‑in‑Controversy Pleading Controls Diversity Jurisdiction Case: Music Royalty Consulting, Inc. v....

Eleventh Circuit Reaffirms Two Gatekeepers: Specific, Merits-Based Grounds Are Required to Withdraw Rule 36 Admissions, and FCRA §1681s‑2(b) Claims Fail Absent Proof of Inaccuracy—No Right to an Oral Hearing on Summary Judgment

Date: Oct 9, 2025

Eleventh Circuit Reaffirms Two Gatekeepers: Specific, Merits-Based Grounds Are Required to Withdraw Rule 36 Admissions, and FCRA §1681s‑2(b) Claims Fail Absent Proof of Inaccuracy—No Right to an Oral...

No Plain Error in Dual Lay–Expert Agent Narrative; Express Assent Invokes Invited-Error Bar to Modified Allen Charge — United States v. Kentrail Brown (11th Cir. 2025)

Date: Oct 9, 2025

No Plain Error in Dual Lay–Expert Agent Narrative; Express Assent Invokes Invited-Error Bar to Modified Allen Charge — United States v. Kentrail Brown (11th Cir. 2025) Introduction In United States...

Appeal Waivers Enforced, Rule 11 Factual-Basis Challenges Allowed, and “Protective” Gun Possession Suffices for § 924(c)’s “In Furtherance” Element: Commentary on United States v. Elbert (11th Cir. 2025)

Date: Oct 9, 2025

Appeal Waivers Enforced, Rule 11 Factual-Basis Challenges Allowed, and “Protective” Gun Possession Suffices for § 924(c)’s “In Furtherance” Element Commentary on United States v. Mario Lenard Elbert,...