restricting-& Case Commentaries

Broad Titles, Liberal Construction: “Vaccination Status” Encompasses EUA/Trial‑Vaccine Mandate Bans Under Montana’s Article V, § 11(3)

Date: Nov 7, 2025

Broad Titles, Liberal Construction: “Vaccination Status” Encompasses EUA/Trial‑Vaccine Mandate Bans Under Montana’s Article V, § 11(3) Introduction In Netzer, Krautter & Brown, P.C. and Donald L....

Experts Are Not Automatically Exempt from Sequestration; Presumption of Vindictiveness Bars Increased Sentences Based on Appeal or Lack of Remorse — Commentary on State v. Grimshaw, 2025 MT 250

Date: Nov 7, 2025

Experts Are Not Automatically Exempt from Sequestration; Presumption of Vindictiveness Bars Increased Sentences Based on Appeal or Lack of Remorse — Commentary on State v. Grimshaw, 2025 MT 250 Case:...

Resentencing Required When a District Court Exceeds the Statutory Maximum—Even with a Fully Suspended Term (State v. S. Foster, 2025 MT 255N)

Date: Nov 7, 2025

Resentencing Required When a District Court Exceeds the Statutory Maximum—Even with a Fully Suspended Term (State v. S. Foster, 2025 MT 255N) Court: Supreme Court of Montana Date: November 4, 2025...

State v. Ellis: Open-Driveway Encounters—No Search When Evidence Is Voluntarily Produced, and Miranda Not Required During Noncustodial Driveway Questioning

Date: Nov 7, 2025

State v. Ellis: Open-Driveway Encounters—No Search When Evidence Is Voluntarily Produced, and Miranda Not Required During Noncustodial Driveway Questioning Introduction In State v. Z. Ellis, 2025 MT...

Closing the Oglesby Loop and Limiting FOIA’s Law-Enforcement Exemptions: Third Circuit Bars “Federalization” of State Task Forces and Narrows 7(D) and 7(E) in Viola v. DOJ

Date: Nov 7, 2025

Closing the Oglesby Loop and Limiting FOIA’s Law-Enforcement Exemptions: Third Circuit Bars “Federalization” of State Task Forces and Narrows 7(D) and 7(E) in Viola v. DOJ Introduction In a...

Closing the Oglesby Loop and Recalibrating FOIA Proof: Third Circuit Tightens Exemption 7(D) and 7(E), Sets a Trial‑Exhibit Disclosure Presumption, and Limits FOIA’s Reach Over State Task Forces

Date: Nov 7, 2025

Closing the Oglesby Loop and Recalibrating FOIA Proof: Third Circuit Tightens Exemption 7(D) and 7(E), Sets a Trial‑Exhibit Disclosure Presumption, and Limits FOIA’s Reach Over State Task Forces...

Legislative Privilege Is Personal: Fifth Circuit Dismisses Appeal and Clarifies Conjunctive Test for Non‑Party Appellate Standing

Date: Nov 7, 2025

Legislative Privilege Is Personal: Fifth Circuit Dismisses Appeal and Clarifies Conjunctive Test for Non‑Party Appellate Standing Introduction In Arnold v. Barbers Hill Independent School District,...

When Rule 15, Not Rule 16, Governs Leave to Amend—and Why IRF Preadmission “Process” Allegations Don’t State FCA Fraud: Commentary on Gentry v. Encompass Health

Date: Nov 7, 2025

When Rule 15, Not Rule 16, Governs Leave to Amend—and Why IRF Preadmission “Process” Allegations Don’t State FCA Fraud: Commentary on Gentry v. Encompass Health Introduction This Fifth Circuit...

Post-Termination Return Trumps Qualified Persons: Fifth Circuit Clarifies Protective Orders Permit Return of Protected Information to the Producing Party’s Counsel

Date: Nov 7, 2025

Post-Termination Return Trumps Qualified Persons: Fifth Circuit Clarifies Protective Orders Permit Return of Protected Information to the Producing Party’s Counsel Introduction This consolidated...

Specific Post‑Termination Return Clauses Control: Fifth Circuit Clarifies That Protective Orders Do Not Bar Returning Protected Material to the Producing Party

Date: Nov 7, 2025

Specific Post‑Termination Return Clauses Control: Fifth Circuit Clarifies That Protective Orders Do Not Bar Returning Protected Material to the Producing Party Introduction In Ocwen Loan Servicing,...

Disclaimers Don’t Cure a Breach: Fifth Circuit Holds That Prosecutorial Advocacy for an Above‑Guidelines Sentence Violates a Plea Agreement Even Without a Formal Variance Request

Date: Nov 7, 2025

Disclaimers Don’t Cure a Breach: Fifth Circuit Holds That Prosecutorial Advocacy for an Above‑Guidelines Sentence Violates a Plea Agreement Even Without a Formal Variance Request Introduction In...

Presentment Is Jurisdictional and Dismissal Must Be Without Prejudice: The Fifth Circuit’s FTCA Clarification and Strict Limitations Enforcement in Williams v. United States

Date: Nov 7, 2025

Presentment Is Jurisdictional and Dismissal Must Be Without Prejudice: The Fifth Circuit’s FTCA Clarification and Strict Limitations Enforcement in Williams v. United States Introduction In Williams...

Rule 33 Is Not § 2255: Sixth Circuit Requires a “Modicum of Evidence” for New‑Trial Evidentiary Hearings and Reaffirms the “Foolishness” Deliberate‑Ignorance Instruction After Ruan

Date: Nov 5, 2025

Rule 33 Is Not § 2255: Sixth Circuit Requires a “Modicum of Evidence” for New‑Trial Evidentiary Hearings and Reaffirms the “Foolishness” Deliberate‑Ignorance Instruction After Ruan Case: United...

Res judicata reaffirmed: Second Circuit bars fourth federal suit challenging NYC Campaign Finance Board clawback and cautions vexatious filers with potential leave‑to‑file sanctions

Date: Nov 5, 2025

Res judicata reaffirmed: Second Circuit bars fourth federal suit challenging NYC Campaign Finance Board clawback and cautions vexatious filers with potential leave‑to‑file sanctions Introduction In a...

Post-Filing Assignment Does Not Moot, Redundant Conspiracy Claims Are Dismissable, and “Actual Knowledge” Means Actual: The Second Circuit’s Summary Order in Fezzani v. Dweck

Date: Nov 5, 2025

Post-Filing Assignment Does Not Moot, Redundant Conspiracy Claims Are Dismissable, and “Actual Knowledge” Means Actual: The Second Circuit’s Summary Order in Fezzani v. Dweck Decision: Fezzani v....

Second Circuit Summary Order Reaffirms Minimal Due Process for Short Student Suspensions: Doe & Roe v. Levittown Public Schools

Date: Nov 5, 2025

Minimal Due Process for Ten-Day-or-Less Student Suspensions Reaffirmed; Evidence Sufficiency Review and Role-Separation Not Required (Doe & Roe v. Levittown Public Schools, 2d Cir. 2025) Case: John...

Unwilling or Unable Controls: Second Circuit Reaffirms Private-Actor Persecution Standard and Limits to the Administrative Record in Martinez‑Martinez v. Bondi

Date: Nov 5, 2025

Unwilling or Unable Controls: Second Circuit Reaffirms Private-Actor Persecution Standard and Limits to the Administrative Record in Martinez‑Martinez v. Bondi Introduction In Martinez‑Martinez v....

No “Ministerial” Shield from Section 5: Second Circuit Affirms “Necessary Participant” Liability, Scienter by Admissions, and Disgorgement Without Unsupported Expense Offsets (SEC v. Core Business One)

Date: Nov 5, 2025

No “Ministerial” Shield from Section 5: Second Circuit Affirms “Necessary Participant” Liability, Scienter by Admissions, and Disgorgement Without Unsupported Expense Offsets Case: SEC v. Core...

Reaffirming the Admissibility of Police Lay Identification Testimony and the Attempted Murder Cross-Reference in § 922(g) Sentencing: Commentary on United States v. King (2d Cir. 2025)

Date: Nov 5, 2025

Reaffirming the Admissibility of Police Lay Identification Testimony and the Attempted Murder Cross-Reference in § 922(g) Sentencing: Commentary on United States v. King (2d Cir. 2025) Introduction...

Minimal Explanation Suffices for Within-Range Revocation Sentences Under Plain Error Review: United States v. Lopez (2d Cir. 2025)

Date: Nov 5, 2025

Minimal Explanation Suffices for Within-Range Revocation Sentences Under Plain Error Review: United States v. Lopez (2d Cir. 2025) Court: U.S. Court of Appeals for the Second Circuit Date: November...

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