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Mandatory Vacatur of Expired PLRA Preliminary Injunctions: Voice of the Experienced v. Westcott Introduction The Fifth Circuit’s unpublished but precedentially significant decision in Voice of the...
“More Than One Motive” – The Fifth Circuit Confirms that Mixed-Motive Religious Objections Trigger Title VII Protection A Comprehensive Commentary on Wright v. Honeywell International, No. 24-30667...
Guardado v. Bondi: The Fourth Circuit’s New Mandate for Substantive Anti-Circularity Analysis of Particular Social Groups 1. Introduction Ana Cecilia Hernandez Guardado – a Salvadoran national who...
United States v. Johnson: Fourth Circuit Holds Warrantless Dog Sniff in a Common Apartment Hallway Is Not a Fourth-Amendment “Search” Introduction The published Fourth-Circuit decision in United...
“Use” v. “Brandishing” Re-Defined: The Fourth Circuit Adopts the “Imminent-Threat” Test for § 2A4.1(b)(3) Dangerous-Weapon Enhancements Introduction United States v. Thomas Faulls, Sr., No. 23-4532...
Zimmer v. Nichols: Delineating Temporal Boundaries for Equitable Fee-Shifting in Delaware Family Litigation Introduction Zimmer v. Nichols, decided by the Supreme Court of Delaware on 11 August 2025,...
Stevens v. State: Expert Testimony as a Sufficient Foundation for LC-MS/MS Blood-Toxicology Evidence Introduction In Stevens v. State, the Supreme Court of Delaware addressed whether the State must...
The “Brewster Rule”: Exceptions Remain a Mandatory Prerequisite to Appellate Review After the 2024 Amendments to Court of Chancery Rule 144 1. Introduction In In the Matter of Rolf D. Brewster, a...
People v. Goberdhan: VTL § 600 Applies Off‑Highway; Use of Juror Numbers/Initials Is Not a Mode‑of‑Proceedings Error Absent Objection Introduction This commentary examines the Appellate Division,...
People v. Reinfurt: Marijuana Legalization Does Not Retroactively Nullify Prior Out‑of‑State Marijuana Convictions for Second Felony Offender Status; Attempted Felony Assault under PL 120.10(4) Is...
Reaffirming the One-Continuous-Transaction Doctrine and the M’Naghten Insanity Standard in Capital Cases Comprehensive Commentary on Martez Abram a/k/a Martez Tarrell Abram v. State of Mississippi,...
Post‑Commencement CARES Act Stimulus Is Separate Property and Not Child Support: The Third Department’s Clarification in Ricky SS. v. Christine SS. Case: Ricky SS. v. Christine SS. (2025 NY Slip Op...
Covenant Not to Execute ≠ Release: First Department Adopts Majority Rule Preserving Insurer’s Indemnity Exposure After Consent Judgment with Assignment Introduction In Geiger v. Hudson Excess...
Mere-Continuation Successor Liability Can Reach Multiple Asset Purchasers at the Pleading Stage Commentary on Avamer 57 Fee LLC v. Hunter Boot USA LLC (App Div, 1st Dept, Aug. 7, 2025) Executive...
Streamlining the “Vexatious Litigator” Designation in Ohio: An Analysis of the Supreme Court’s 08 / 05 / 2025 Case Announcements (2025-Ohio-2749) Introduction The Supreme Court of Ohio’s Case...
State v. Rushing (2025): Clarifying Fundamental-Error Review for Visible Restraints in Capital Sentencing Introduction State of Arizona v. Jasper Phillip Rushing is the Arizona Supreme Court’s most...
Voluntary Dismissal No Longer a “Failure”: Wyoming Supreme Court Narrows the Savings Statute in Ellis v. Hiser (2025 WY 87) Dianna Ellis, as Wrongful Death Representative for the Estate of Burke...
“No-Waiver Veto”: The Supreme Court of Montana Affirms an Absolute Parental Veto over ICWA Transfer Requests Introduction In Matter of J.B., YINC, 2025 MT 170 (DA 24-0516), the Supreme Court of...
State v. Alford (2025 MT 171): Montana Supreme Court Affirms the Constitutionality of Mandatory Minimum Custodial Sentences for 4th-and-Subsequent DUI Offenses 1. Introduction The Montana Supreme...
Montana Supreme Court Reaffirms Need for Notice and Hearing Before Trial-Court Determination of Ineffective Assistance Introduction Case: State v. B. Kelsey (2025 MT 173N, DA 23-0230) – non-citable...