restricting-general-jurisdiction:-second-circuit& Case Commentaries

Deemed‑Admitted Noncooperation and Failure to Return Client File Warrant a One‑Year‑and‑One‑Day Suspension: In re Tristan Patrick Gilley

Date: Sep 11, 2025

Deemed‑Admitted Noncooperation and Failure to Return Client File Warrant a One‑Year‑and‑One‑Day Suspension: In re Tristan Patrick Gilley Introduction In In re: Tristan Patrick Gilley, No. 2025-B-0713...

Spears v. Frame: Habeas Orders Must Contain Petitioner-Specific Findings; Incorporating a Co‑Defendant’s Findings Is Insufficient for Meaningful Appellate Review

Date: Sep 11, 2025

Spears v. Frame: Habeas Orders Must Contain Petitioner-Specific Findings; Incorporating a Co‑Defendant’s Findings Is Insufficient for Meaningful Appellate Review Court: Supreme Court of Appeals of...

Rule 35(b) in West Virginia: No Entitlement to Appointed Experts and Concise Orders Can Suffice — State v. Jeffery (W. Va. Sept. 10, 2025)

Date: Sep 11, 2025

Rule 35(b) in West Virginia: No Entitlement to Appointed Experts and Concise Orders Can Suffice — State v. Jeffery Introduction In State of West Virginia v. Joey Keith Jeffery, No. 23-538 (Kanawha...

Eleventh Circuit Clarifies PLRA “Three-Strikes”: Jurisdictional Dismissals and Prior § 1915(g) Dismissals Do Not Count Absent an Express Failure-to-State-a-Claim Basis

Date: Sep 11, 2025

Eleventh Circuit Clarifies PLRA “Three-Strikes”: Jurisdictional Dismissals and Prior § 1915(g) Dismissals Do Not Count Absent an Express Failure-to-State-a-Claim Basis Case: George Walter Brewster,...

Device‑Location Data Is CPNI Under § 222: Second Circuit Upholds FCC Forfeiture and Clarifies Seventh Amendment Path via § 504(a)

Date: Sep 11, 2025

Device‑Location Data Is CPNI Under § 222: Second Circuit Upholds FCC Forfeiture and Clarifies Seventh Amendment Path via § 504(a) Introduction This commentary analyzes the Second Circuit’s decision...

For Pre‑2021 Asylum Filings, Past Persecution Triggers a Presumption that Internal Relocation Is Unreasonable—Burden Rests with DHS (Sahni v. Bondi)

Date: Sep 11, 2025

For Pre‑2021 Asylum Filings, Past Persecution Triggers a Presumption that Internal Relocation Is Unreasonable—Burden Rests with DHS (Sahni v. Bondi) Introduction This commentary analyzes the Second...

Pretext Turns on the Decisionmaker’s Actual Belief; Temporal Proximity Alone Cannot Overcome Documented, Pre‑Existing Nonrenewal Plans

Date: Sep 11, 2025

Pretext Turns on the Decisionmaker’s Actual Belief; Temporal Proximity Alone Cannot Overcome Documented, Pre‑Existing Nonrenewal Plans Introduction In this unpublished decision, the Fourth Circuit...

Rendon v. White Castle Systems, Inc.: Reversible Error to Conflate Tenant and Landowner Duties in Sidewalk Cases; Medical Expenses Limited to Amounts Actually Owed

Date: Sep 11, 2025

Rendon v. White Castle Systems, Inc.: Reversible Error to Conflate Tenant and Landowner Duties in Sidewalk Cases; Medical Expenses Limited to Amounts Actually Owed Introduction In Rendon v. White...

Pleading-Stage Survival of Contribution Claims Against Municipalities for Defective Street Appurtenances and “Special Use” Liability of Non‑Owner Occupiers

Date: Sep 11, 2025

Pleading-Stage Survival of Contribution Claims Against Municipalities for Defective Street Appurtenances and “Special Use” Liability of Non‑Owner Occupiers Introduction In N.I. v. City of New York...

“Children” Means Under 18 for § 2251(e), and § 3283’s Child‑Abuse Limitations Apply to Mann Act § 2421: Commentary on United States v. Deakins (6th Cir. 2025)

Date: Sep 11, 2025

“Children” Means Under 18 for § 2251(e), and § 3283’s Child‑Abuse Limitations Apply to Mann Act § 2421: Commentary on United States v. Deakins (6th Cir. 2025) Introduction In United States v....

Censure, Not Suspension, for Dual Misdemeanor DWI Convictions Where Mitigation Is Strong: Matter of Halton

Date: Sep 11, 2025

Censure, Not Suspension, for Dual Misdemeanor DWI Convictions Where Mitigation Is Strong: Matter of Halton Introduction In Matter of Halton, 2025 NY Slip Op 04902 (Appellate Division, Second...

Sixth Circuit Holds First Step Act Time Credits Cannot Reduce Supervised Release; Habeas Challenges Become Moot Upon Release

Date: Sep 11, 2025

Sixth Circuit Holds First Step Act Time Credits Cannot Reduce Supervised Release; Habeas Challenges Become Moot Upon Release Case: Terrell Anthony Hargrove v. Ian Healy, No. 24-3809 (6th Cir. Sept....

Prospective Only: Fourth Circuit Limits Ex parte Young Relief in Takings Cases to Post-Judgment Interest on State-Held Unclaimed Property

Date: Sep 11, 2025

Prospective Only: Fourth Circuit Limits Ex parte Young Relief in Takings Cases to Post-Judgment Interest on State-Held Unclaimed Property Introduction In Steven G. Albert v. Brooke E. Lierman, the...

Nevada Supreme Court Enforces Contractual Irreparable-Harm Presumptions to Support Mandatory Injunction and Specific Performance in Convertible Note Disputes

Date: Sep 11, 2025

Nevada Supreme Court Enforces Contractual Irreparable-Harm Presumptions to Support Mandatory Injunction and Specific Performance in Convertible Note Disputes Introduction In Blackstar Enterprise...

“Good Cause” Means More Than Docket Delay; Written Motion Required for Improvement Periods: Commentary on In re J.S.-1 and J.S.-2 (W. Va. Sept. 10, 2025)

Date: Sep 11, 2025

“Good Cause” Means More Than Docket Delay; Written Motion Required for Improvement Periods: Commentary on In re J.S.-1 and J.S.-2 (W. Va. Sept. 10, 2025) Introduction In re J.S.-1 and J.S.-2 is a...

Nonparticipation Precludes Improvement Period: West Virginia Supreme Court Reaffirms Denial of Improvement Period and Termination Where Parent Fails to Engage, Despite Mental Health Claims

Date: Sep 11, 2025

Nonparticipation Precludes Improvement Period: West Virginia Supreme Court Reaffirms Denial of Improvement Period and Termination Where Parent Fails to Engage, Despite Mental Health Claims...

Tenth Circuit Clarifies: No Post‑Judgment Right to Unseal or Obtain Records Absent a Particularized Legal Need or Pending Proceeding — United States v. Geddes

Date: Sep 11, 2025

Tenth Circuit Clarifies: No Post‑Judgment Right to Unseal or Obtain Records Absent a Particularized Legal Need or Pending Proceeding — United States v. Geddes Introduction In United States v. Geddes,...

Compatibility and Proximity Control: Third Circuit Reaffirms LCM Capability Under § 2K2.1(a)(3), Applies Perez’s Close‑Proximity Presumption, and Rejects Probationer’s Second Amendment Challenge

Date: Sep 11, 2025

Compatibility and Proximity Control: Third Circuit Reaffirms LCM Capability Under § 2K2.1(a)(3), Applies Perez’s Close‑Proximity Presumption, and Rejects Probationer’s Second Amendment Challenge...

Equitable Estoppel Cannot Broaden “Between the Parties” Arbitration Clauses; Principal’s Waiver Extinguishes an Agent’s Ability to Compel Arbitration — Fucci v. First American Title Insurance Co. (10th Cir. 2025)

Date: Sep 11, 2025

Equitable Estoppel Cannot Broaden “Between the Parties” Arbitration Clauses; Principal’s Waiver Extinguishes an Agent’s Ability to Compel Arbitration — Fucci v. First American Title Insurance Co....

No Committee, No Replacement: Strict Pre-Filing Committee-of-Five Designation Required to Fill Nonpartisan Candidate Vacancies under R.C. 3513.31(F)

Date: Sep 11, 2025

No Committee, No Replacement: Strict Pre-Filing Committee-of-Five Designation Required to Fill Nonpartisan Candidate Vacancies under R.C. 3513.31(F) Introduction In State ex rel. Vermilion Campaign...

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