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Damages Awards Are Not “Payments” Under Reinstatement Clauses: Comerica Bank v. Pratt Introduction In Comerica Bank, Inc. v. Larry Pratt, 25a0228n.06 (6th Cir. May 5, 2025), the Sixth Circuit...
Reservation of Overpayment Credits in Marital Property Division: Waiver Through Pretrial Stipulation Introduction This case, O’Dea v. Downs, arises from a property‐division proceeding ancillary to...
Expansion of AEDPA Tolling: Fla. R. App. P. 9.141(d) Petitions as “Properly Filed” Introduction This commentary examines the Eleventh Circuit’s decision in Jimmy Geathers, III v. Secretary,...
Ensuring Reliability in CSAAS-Based Expert Testimony: Daubert Compliance under MRE 702 Introduction The Michigan Supreme Court’s May 2, 2025 order in People of the State of Michigan v. Juan Jose Del...
Habeas Corpus Relief for Void Habitual-Criminal Sentences and the Limits of Nunc Pro Tunc Corrections Introduction Ballheim v. Settles (318 Neb. 873, 2025) arose from Trever Ballheim’s collateral...
Protecting Foreclosure Surplus Under the Takings Clause: Sikorsky v. City of Newburgh Introduction In Sikorsky v. City of Newburgh, 23-1171-cv (2d Cir. May 2, 2025), the Second Circuit addressed...
Balancing Child Welfare, Abduction Risk, and Cryptocurrency Gains: Discretion in Parenting Time and Property Division Introduction In In the Matter of Jonathan Kent and Lei Luo (Supreme Court of New...
Clarification of Child Find Obligations and FAPE Requirements for Dyslexic Students under IDEA 1. Introduction The Fifth Circuit’s decision in Moore-Watson v. Rankin County Public School District...
Pain as Symptom, Not Compensable Condition: Delsignore v. Timberline Logging Enterprises Precedent Introduction In John J. Delsignore v. Timberline Logging Enterprises, LLC, the Supreme Court of...
“Stay Within the Mandate”: Effective Assistance of Counsel on Remittal after People v. Nathan (2025) Introduction The Fourth Department’s 2025 decision in People v. Nathan, 238 A.D.3d 1516, tackles a...
Qualified Immunity for Discretionary Functions: De Novo Review and the Limits of Internal Policies Introduction In Jason Moorhead v. West Virginia Army National Guard and West Virginia Mountaineer...
Clarification of Lease Lookback Provisions and Standards of Review in State Airport Hangar Rent Appeals Introduction This decision arises from a consolidated appeal by five tenants of state-owned...
Ensuring Voluntary Admissions in Child Protective Plea Hearings: Obligatory Record Completeness and Advisements Introduction In the matter In re T. Hewitt, Minor, the Michigan Supreme Court, by a...
Consent Threshold for Eighth Amendment Prison Sexual Abuse Claims Introduction David C.L. Walton, a state prisoner in Wisconsin, sued prison nurse Ashley Nehls under 42 U.S.C. § 1983, alleging that...
Allocation of Nonresident Guided Hunt Permits Upholds Alaska Constitutional Principles Introduction In Robert Cassell v. State of Alaska, Department of Fish & Game, Board of Game (Supreme Court No....
Clarifying COA Requirements and Ineffective Assistance Analysis under §2255: United States v. Guzman-Dominguez Introduction United States v. Guzman-Dominguez, decided by the Tenth Circuit on May 2,...
Defendant-Caused Delay Bars Sixth Amendment Speedy Trial Claim Introduction United States v. Eric Michael Schuster, 25a0113p.06 (6th Cir. May 2, 2025), is a published Sixth Circuit decision...
Harmless Allocution Error in Unlawful Reentry Sentencing: Clarifying Plain Error Review under Fed. R. Crim. P. 32 Introduction This commentary examines United States v. Rudys Osvaldo Torres, No....
Probable Cause Suffices for Pre-Revocation Detention: Limits of Due-Process in Probation Revocation Introduction In Dion Horton v. Administrative Judge Jill Rangos (3d Cir. 2025), a panel of the...
Physician’s Duty Under FTCA: No Liability for Emotional Distress from Treatment-Related Discharge Threat Introduction In David D. Richardson v. United States, the Third Circuit addressed whether a...