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reaffirmation-of-strict-liability-in-manufacturers& Case Commentaries

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

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

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

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Independent Warrant Analysis Required for Ride‑Hail App Searches During Traffic Stops: Second Circuit’s Nonprecedential Reminder in Etere v. Nassau County

Independent Warrant Analysis Required for Ride‑Hail App Searches During Traffic Stops: Second Circuit’s Nonprecedential Reminder in Etere v. Nassau County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Independent Warrant Analysis Required for Ride‑Hail App Searches During Traffic Stops: Second Circuit’s Nonprecedential Reminder in Etere v. Nassau County Introduction In Etere v. Nassau County (No....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

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

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

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

“#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)

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

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

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

“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

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

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)

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)

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,...
Post‑Counterman Bomb‑Threat Prosecutions: Eleventh Circuit Confirms that “Willfully” in 18 U.S.C. § 844(e) and the Pattern “Serious Threat” Instruction Satisfy the First Amendment

Post‑Counterman Bomb‑Threat Prosecutions: Eleventh Circuit Confirms that “Willfully” in 18 U.S.C. § 844(e) and the Pattern “Serious Threat” Instruction Satisfy the First Amendment

Date: Oct 9, 2025
Post‑Counterman Bomb‑Threat Prosecutions: Eleventh Circuit Confirms that “Willfully” in 18 U.S.C. § 844(e) and the Pattern “Serious Threat” Instruction Satisfy the First Amendment Case: United States...
No Indictment Presumption for Probable Cause; Body‑Weight Pressure on Restrained Suspects and “Small‑Group” Identification: Sixth Circuit Partially Revives Claims in English v. Kral

No Indictment Presumption for Probable Cause; Body‑Weight Pressure on Restrained Suspects and “Small‑Group” Identification: Sixth Circuit Partially Revives Claims in English v. Kral

Date: Oct 9, 2025
No Indictment Presumption for Probable Cause; Body‑Weight Pressure on Restrained Suspects and “Small‑Group” Identification: Sixth Circuit Partially Revives Claims in English v. Kral Court: U.S. Court...
Mandamus as Safety Valve: Sixth Circuit Reaffirms Privilege and Work-Product Protection for Corporate Internal Investigations Triggered by Government Probes

Mandamus as Safety Valve: Sixth Circuit Reaffirms Privilege and Work-Product Protection for Corporate Internal Investigations Triggered by Government Probes

Date: Oct 9, 2025
Mandamus as Safety Valve: Sixth Circuit Reaffirms Privilege and Work-Product Protection for Corporate Internal Investigations Triggered by Government Probes Case: In re FirstEnergy Corp., No. 24-3654...
First-to-File Is Not an Independent Transfer Power: Sixth Circuit Authorizes Mandamus to Vacate Unauthorized Inter‑Circuit Transfers

First-to-File Is Not an Independent Transfer Power: Sixth Circuit Authorizes Mandamus to Vacate Unauthorized Inter‑Circuit Transfers

Date: Oct 9, 2025
First-to-File Is Not an Independent Transfer Power: Sixth Circuit Authorizes Mandamus to Vacate Unauthorized Inter‑Circuit Transfers Introduction This published Sixth Circuit decision addresses when...
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