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  • Commentaries
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reaffirming-tellabs:-sixth-circuit-establishes-correct-& Case Commentaries

“Public-Interest Override” After the 2017 Amendments –  Matter of B.J.B. and the Court’s Discretion to Impose Lifetime Sex-Offender Registration on Juveniles

“Public-Interest Override” After the 2017 Amendments – Matter of B.J.B. and the Court’s Discretion to Impose Lifetime Sex-Offender Registration on Juveniles

Date: Aug 15, 2025
“Public-Interest Override” After the 2017 Amendments – Supreme Court of Montana Clarifies Judicial Discretion to Require Lifetime Sex-Offender Registration for Juveniles 1. Introduction The Supreme...
Matter of S.W. & D.W.: Clarifying Montana’s “No-Reunification Efforts” Exception Where Prior Terminations and Chronic, Severe Neglect Co-Exist

Matter of S.W. & D.W.: Clarifying Montana’s “No-Reunification Efforts” Exception Where Prior Terminations and Chronic, Severe Neglect Co-Exist

Date: Aug 15, 2025
Matter of S.W. & D.W. (2025 MT 178): Clarifying Montana’s “No-Reunification Efforts” Exception Where Prior Terminations and Chronic, Severe Neglect Co-Exist 1. Introduction The Supreme Court of...
2025 MT 178 – When “No Reasonable Efforts” Meets Prior Terminations: The Supreme Court of Montana Sharpens the Boundaries of § 41-3-423, MCA

2025 MT 178 – When “No Reasonable Efforts” Meets Prior Terminations: The Supreme Court of Montana Sharpens the Boundaries of § 41-3-423, MCA

Date: Aug 15, 2025
2025 MT 178 – When “No Reasonable Efforts” Meets Prior Terminations: Clarifying the Department’s Obligation and Defining “Chronic, Severe Neglect” Introduction In Matter of S.W. & D.W., 2025 MT 178,...
State v. Songer (2025 MT 176): Re-affirming the Unavailability Requirement for Remote Testimony and the Necessity of Re-Sentencing When Dependent Convictions Are Vacated

State v. Songer (2025 MT 176): Re-affirming the Unavailability Requirement for Remote Testimony and the Necessity of Re-Sentencing When Dependent Convictions Are Vacated

Date: Aug 15, 2025
State v. Songer (2025 MT 176): Re-affirming the Unavailability Requirement for Remote Testimony and the Necessity of Re-Sentencing When Dependent Convictions Are Vacated Introduction In State v. J....
The “Songer Standard” – Mandatory Proof of Witness Unavailability Before Playing Preserved Testimony

The “Songer Standard” – Mandatory Proof of Witness Unavailability Before Playing Preserved Testimony

Date: Aug 15, 2025
The “Songer Standard” – Mandatory Proof of Witness Unavailability Before Playing Preserved Testimony Introduction State v. J. Songer, 2025 MT 176, is a multi-issue decision from the Montana Supreme...
State v. Songer: Montana Supreme Court Demands Strict Proof of Witness “Unavailability” Before Video Testimony Is Admitted

State v. Songer: Montana Supreme Court Demands Strict Proof of Witness “Unavailability” Before Video Testimony Is Admitted

Date: Aug 15, 2025
State v. Songer: Montana Supreme Court Demands Strict Proof of Witness “Unavailability” Before Video Testimony Is Admitted Introduction In State v. Jory Jerae Songer, 2025 MT 176, the Supreme Court...
Assignment-as-Cancellation Doctrine: Montana Supreme Court Redefines Policy Transfers in Victory Insurance v. State (2025 MT 180)

Assignment-as-Cancellation Doctrine: Montana Supreme Court Redefines Policy Transfers in Victory Insurance v. State (2025 MT 180)

Date: Aug 15, 2025
Assignment-as-Cancellation Doctrine: Montana Supreme Court Redefines Policy Transfers in Victory Insurance v. State (2025 MT 180) 1. Introduction Victory Insurance Company (“Victory”), a Montana...
Extending the Dormant Commerce Clause to Federally-Prohibited Markets:  A Commentary on Variscite NY Four, LLC v. New York State Cannabis Control Board

Extending the Dormant Commerce Clause to Federally-Prohibited Markets: A Commentary on Variscite NY Four, LLC v. New York State Cannabis Control Board

Date: Aug 15, 2025
Extending the Dormant Commerce Clause to Federally-Prohibited Markets: A Commentary on Variscite NY Four, LLC v. New York State Cannabis Control Board (2d Cir. 2025) 1. Introduction Variscite NY...
“When Accommodation Ends and Accountability Begins” – Eleventh Circuit Affirms Dismissal With Prejudice for Willful Non-Compliance by Overseas Pro Se Litigant

“When Accommodation Ends and Accountability Begins” – Eleventh Circuit Affirms Dismissal With Prejudice for Willful Non-Compliance by Overseas Pro Se Litigant

Date: Aug 15, 2025
“When Accommodation Ends and Accountability Begins” – Eleventh Circuit Affirms Dismissal With Prejudice for Willful Non-Compliance by Overseas Pro Se Litigant Introduction Bozorgmehr Pouyeh v. Public...
United States v. Quintero: Eleventh Circuit Affirms MDLEA Jurisdiction in Exclusive Economic Zones and Upholds Broad Definition of “Vessel Without Nationality”

United States v. Quintero: Eleventh Circuit Affirms MDLEA Jurisdiction in Exclusive Economic Zones and Upholds Broad Definition of “Vessel Without Nationality”

Date: Aug 15, 2025
United States v. Quintero: Eleventh Circuit Affirms MDLEA Jurisdiction in Exclusive Economic Zones and Upholds Broad Definition of “Vessel Without Nationality” Introduction The Eleventh Circuit’s...
Azer Scientific v. Quidel: Third Circuit Confirms that Definitive E-Mail Exchanges Can Form Binding Contracts under Pennsylvania Law

Azer Scientific v. Quidel: Third Circuit Confirms that Definitive E-Mail Exchanges Can Form Binding Contracts under Pennsylvania Law

Date: Aug 15, 2025
Azer Scientific v. Quidel: Third Circuit Confirms that Definitive E-Mail Exchanges Can Form Binding Contracts under Pennsylvania Law Introduction The Third Circuit’s decision in Azer Scientific LLC...
“Follow the Form, or Be Formed into the Class” – The Third Circuit Abandons the “Reasonable-Indication” Opt-Out Theory in Perrigo Institutional Investor Group v. Papa

“Follow the Form, or Be Formed into the Class” – The Third Circuit Abandons the “Reasonable-Indication” Opt-Out Theory in Perrigo Institutional Investor Group v. Papa

Date: Aug 15, 2025
“Follow the Form, or Be Formed into the Class” – Third Circuit Rejects the “Reasonable Indication” Opt-Out Standard under Rule 23 1. Introduction Perrigo Institutional Investor Group v. Papa, No....
United States v. Brown: Flight Equals Abandonment — A Passenger’s Loss of Standing to Challenge a Subsequent Vehicle Search

United States v. Brown: Flight Equals Abandonment — A Passenger’s Loss of Standing to Challenge a Subsequent Vehicle Search

Date: Aug 15, 2025
United States v. Brown: Flight Equals Abandonment — A Passenger’s Loss of Standing to Challenge a Subsequent Vehicle Search Introduction United States v. Tylee Brown (3d Cir. Aug. 12, 2025) addresses...
“Post-Supervision Exhaustion” – Third Circuit Affirms that Completion of State Supervision Automatically Satisfies § 2254 Exhaustion Even After District-Court Dismissal

“Post-Supervision Exhaustion” – Third Circuit Affirms that Completion of State Supervision Automatically Satisfies § 2254 Exhaustion Even After District-Court Dismissal

Date: Aug 15, 2025
“Post-Supervision Exhaustion” – Third Circuit Affirms that Completion of State Supervision Automatically Satisfies § 2254 Exhaustion Even After District-Court Dismissal I. Introduction Vamsidhar...
Sharpening the Lens of Ascertainability: B. v. Harrington and the Fifth Circuit’s Demand for Precision in Medicaid EPSDT Class Actions

Sharpening the Lens of Ascertainability: B. v. Harrington and the Fifth Circuit’s Demand for Precision in Medicaid EPSDT Class Actions

Date: Aug 15, 2025
Sharpening the Lens of Ascertainability: B. v. Harrington and the Fifth Circuit’s Demand for Precision in Medicaid EPSDT Class Actions 1. Introduction B. v. Harrington, No. 24-30244 (5th Cir. Aug....
“Speculative Future Use” Is Not Enough:  DM Arbor Court v. City of Houston and the Revitalisation of Lucas-Style Categorical Takings

“Speculative Future Use” Is Not Enough: DM Arbor Court v. City of Houston and the Revitalisation of Lucas-Style Categorical Takings

Date: Aug 15, 2025
“Speculative Future Use” Is Not Enough: DM Arbor Court v. City of Houston and the Revitalisation of Lucas-Style Categorical Takings 1. Introduction Hurricane Harvey’s devastation of the Arbor Court...
“Real-World Operability” as the Touchstone of BACT in Texas Permitting

“Real-World Operability” as the Touchstone of BACT in Texas Permitting

Date: Aug 15, 2025
“Real-World Operability” as the Touchstone of BACT in Texas Permitting Introduction In Port Arthur Community Action Network v. Texas Commission on Environmental Quality, the United States Court of...
United States v. Brown: Re-affirming Judicial Control over Multiplicitous Convictions and Post-Verdict Rule 48(a) Dismissals

United States v. Brown: Re-affirming Judicial Control over Multiplicitous Convictions and Post-Verdict Rule 48(a) Dismissals

Date: Aug 15, 2025
United States v. Brown: Re-affirming Judicial Control over Multiplicitous Convictions and Post-Verdict Rule 48(a) Dismissals 1. Introduction In United States v. Brown, No. 24-20095 (5th Cir. Aug. 12,...
Blaker v. Kroger – Reaffirming the Independence of Kentucky Workers’ Compensation Adjudications from Social-Security Disability Findings

Blaker v. Kroger – Reaffirming the Independence of Kentucky Workers’ Compensation Adjudications from Social-Security Disability Findings

Date: Aug 15, 2025
Blaker v. Kroger – Reaffirming the Independence of Kentucky Workers’ Compensation Adjudications from Social-Security Disability Findings Introduction In Robert Blaker, Jr. v. The Kroger Company, the...
Affirmative Approval Equals Waiver: Kentucky Supreme Court Re-affirms that Explicit Agreement to Jury Instructions Waives Double-Jeopardy and Jury-Unanimity Claims

Affirmative Approval Equals Waiver: Kentucky Supreme Court Re-affirms that Explicit Agreement to Jury Instructions Waives Double-Jeopardy and Jury-Unanimity Claims

Date: Aug 15, 2025
Affirmative Approval Equals Waiver: Kentucky Supreme Court Re-affirms that Explicit Agreement to Jury Instructions Waives Double-Jeopardy and Jury-Unanimity Claims Introduction Michael Dodson, the...
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