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Discretion, Not Exclusion: Sixth Circuit Clarifies Rule 32(a) Admissibility and the Retroactive Reach of Amended Rule 801(d)(2) 1. Introduction Insight Terminal Solutions v. Cecelia Financial...
The Howell Rule: Qualified Immunity Shields Warrantless Entry When Officers Smell Marijuana After Announcing Their Presence Introduction In Matthew Howell v. Justin McCormick, No. 24-5570 (6th Cir....
Equitable Tolling Opens the Tax Court Door: Sixth Circuit Declares § 6213(a) Deadline Non-Jurisdictional Introduction In Naysha Y. Oquendo v. Commissioner of Internal Revenue, the United States Court...
Spousal Authority Over Impounded Marital Vehicles & Benchmark-Free Upward Variances: A Commentary on United States v. Candelaria (10th Cir. 2025) Introduction The United States Court of Appeals for...
First Circuit Narrows Duty-to-Defend for Additional Insureds: “Sole-Liability” & Strict-Notice Requirement Under Claims-Made Policies Introduction In BI 40 LLC v. Ironshore Specialty Insurance Co.,...
“Solely-as-a-Result” Means Exactly That: First Circuit Narrows Additional-Insured Coverage and Reaffirms Strict Notice Duties in Claims-Made Policies Introduction In BI 40 LLC v. Ironshore Specialty...
Clarifying “Material Additions” Under the False Claims Act’s Public-Disclosure Bar Commentary on United States ex rel. Robert V. Smith v. Jay Odom & Okaloosa County Board of County Commissioners,...
No Ineffective-Assistance Exception: Supreme Court of Connecticut Bars Late Opening of Habeas Judgments under § 52-212a 1. Introduction In Clue v. Commissioner of Correction, 348 Conn. ___ (2025),...
PeakCM v. ATAS: Vermont Supreme Court Narrows the “Special-Relationship” Exception and Re-Affirms a Strict Economic-Loss Rule in Construction-Product Litigation Introduction PeakCM, LLC v....
Cutter v. Vojnovic: Derivative Standing Denied for General Partners and Modern Clarification of Partnership Formation in North Carolina 1. Introduction In Cutter v. Vojnovic, the Supreme Court of...
“Present Candor over Past Reform” The North Carolina Supreme Court Redefines the Temporal Focus of the “Good Moral Character” Inquiry for Justice-Officer Certification 1. Introduction In Devalle v....
Durbin v. Durbin: Escalating Parental Conflict as a “Substantial Change in Circumstances” Justifying Custody Modification 1. Introduction Durbin v. Durbin, decided by the Supreme Court of North...
Howell v. Cooper: The North Carolina Supreme Court Broadens Direct State-Constitutional Remedies for Economic Restrictions in Public Emergencies Introduction In Howell v. Cooper (22 Aug 2025) the...
“Unexplained Severe Abuse = Predictive Neglect” & “No Sua Sponte Review”: A Comprehensive Commentary on In re E.H. & R.H., Supreme Court of North Carolina (2025) 1. Introduction The Supreme Court of...
No-Inducement Standard for North Carolina Referral-Sales Claims Jackson v. Home Depot U.S.A., Inc. (N.C. 2025) I. Introduction Jackson v. Home Depot U.S.A., Inc. is the North Carolina Supreme Court’s...
“Situational-Awareness” and Contributory Negligence: The Precedential Reach of Moseley v. Hendricks (Supreme Court of North Carolina, 2025) 1. Introduction Moseley v. Hendricks is a sharply divided...
From “Rational” to “Reasonable”: N.C. Bar & Tavern Association v. Stein (2025) and the Re-Tooling of Fruits-of-Labor Doctrine Introduction In N.C. Bar and Tavern Association v. Stein, the Supreme...
Administrative Agencies Barred from Deciding As-Applied Constitutional Tax Challenges: A Full Commentary on N.C. Department of Revenue v. Philip Morris USA, Inc., Supreme Court of North Carolina...
“Good-Bye, Chevron: The Supreme Court of North Carolina Re-Establishes Pure De Novo Review in Savage v. N.C. Department of Transportation” 1. Introduction Savage v. N.C. Dep’t of Transportation, No....
Household-Pet or Livestock? Schroeder v. Oak Grove Farm HOA and the Re-Entrenchment of the Jury as Arbiter of Fact in Restrictive-Covenant Disputes 1. Introduction In Schroeder v. Oak Grove Farm...