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  • Commentaries
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retrospective-application-of-prehire-labor-agreements:-laborers& Case Commentaries

FRE 601 Trumps: Fourth Circuit Holds that State Expert-Qualification Rules Govern Medical-Malpractice Elements in Federal Court

FRE 601 Trumps: Fourth Circuit Holds that State Expert-Qualification Rules Govern Medical-Malpractice Elements in Federal Court

Date: Aug 19, 2025
FRE 601 Trumps: Fourth Circuit Holds that State Expert-Qualification Rules Govern Medical-Malpractice Elements in Federal Court 1. Introduction In Manuel Moreno v. Dr. Carol C. Bosholm, Nos....
Moreno v. Bosholm – The Fourth Circuit Embraces Rule 601:
State Expert-Competency Standards Now Control Medical Malpractice Claims in Federal Court

Moreno v. Bosholm – The Fourth Circuit Embraces Rule 601: State Expert-Competency Standards Now Control Medical Malpractice Claims in Federal Court

Date: Aug 19, 2025
Federal Rule of Evidence 601 Mandates Application of State Expert-Competency Rules in Federal Medical-Malpractice Actions: A Commentary on Manuel Moreno v. Carol Bosholm (4th Cir. 2025) 1....
Time-of-Conviction Prevails: Fourth Circuit Clarifies “Controlled Substance Offense” Analysis and Upholds Use of Virginia § 18.2-248 and 21 U.S.C. § 841(a)(1) Convictions for Career-Offender Status

Time-of-Conviction Prevails: Fourth Circuit Clarifies “Controlled Substance Offense” Analysis and Upholds Use of Virginia § 18.2-248 and 21 U.S.C. § 841(a)(1) Convictions for Career-Offender Status

Date: Aug 19, 2025
Time-of-Conviction Prevails: Fourth Circuit Clarifies “Controlled Substance Offense” Analysis and Upholds Use of Virginia § 18.2-248 and 21 U.S.C. § 841(a)(1) Convictions for Career-Offender Status...
Extending the § 362(b)(4) Police & Regulatory Power Exception to Private-Party Contempt Motions: Commentary on Cory Markham v. Auto Cycle Exchange Services, Inc.

Extending the § 362(b)(4) Police & Regulatory Power Exception to Private-Party Contempt Motions: Commentary on Cory Markham v. Auto Cycle Exchange Services, Inc.

Date: Aug 19, 2025
Extending the § 362(b)(4) Police & Regulatory Power Exception to Private-Party Contempt Motions Commentary on Cory Markham v. Auto Cycle Exchange Services, Inc., BAP No. CO-24-19 (10th Cir. BAP Aug....
United States v. Simmons: Tenth Circuit Clarifies that § 844 Recidivist Felony Possession—Not Subject to the Categorical Approach—Can Support the § 2K2.1(b)(6)(B) Firearm-Drug Enhancement

United States v. Simmons: Tenth Circuit Clarifies that § 844 Recidivist Felony Possession—Not Subject to the Categorical Approach—Can Support the § 2K2.1(b)(6)(B) Firearm-Drug Enhancement

Date: Aug 19, 2025
United States v. Simmons: Tenth Circuit Clarifies that § 844 Recidivist Felony Possession—Not Subject to the Categorical Approach—Can Support the § 2K2.1(b)(6)(B) Firearm-Drug Enhancement 1....

        Community-Caretaking Revisited:  United States v. Ulibarri  Affirms Opperman
        Primacy and Validates Mixed-Motive Vehicle Impoundments

Community-Caretaking Revisited: United States v. Ulibarri Affirms Opperman Primacy and Validates Mixed-Motive Vehicle Impoundments

Date: Aug 19, 2025
Community-Caretaking Revisited: United States v. Ulibarri Affirms Opperman Primacy and Validates Mixed-Motive Vehicle Impoundments 1. Introduction In United States v. Ulibarri, No. 24-2080 (10th Cir....
“Bivens Survives the Inspector General Act”: A Commentary on Arias v. Herzon (1st Cir. 2025)

“Bivens Survives the Inspector General Act”: A Commentary on Arias v. Herzon (1st Cir. 2025)

Date: Aug 19, 2025
“Bivens Survives the Inspector General Act” A Comprehensive Commentary on Arias v. Herzon, No. 23-1618 (1st Cir. 2025) 1. Introduction Arias v. Herzon presented the U.S. Court of Appeals for the...
“Reasonable Prediction” Prevails: Hussey v. City of Cambridge and the First Circuit’s Reinforcement of Deference to Law-Enforcement Employers in Social-Media Speech

“Reasonable Prediction” Prevails: Hussey v. City of Cambridge and the First Circuit’s Reinforcement of Deference to Law-Enforcement Employers in Social-Media Speech

Date: Aug 19, 2025
“Reasonable Prediction” Prevails: Hussey v. City of Cambridge and the First Circuit’s Reinforcement of Deference to Law-Enforcement Employers in Social-Media Speech 1. Introduction In Hussey v. City...
The “Indirect-Supplier” Doctrine: First Circuit Clarifies Duty to Disclose Supply-Chain Risks in Securities Fraud Actions

The “Indirect-Supplier” Doctrine: First Circuit Clarifies Duty to Disclose Supply-Chain Risks in Securities Fraud Actions

Date: Aug 19, 2025
The “Indirect-Supplier” Doctrine: First Circuit Clarifies Duty to Disclose Supply-Chain Risks in Securities Fraud Actions Introduction In State Teachers Retirement System of Ohio v. Charles River...
“Pending-Litigation Abeyance” Doctrine: Sullivan v. Baker Ranches and the State Engineer’s Discretion to Suspend Water-Rights Investigations

“Pending-Litigation Abeyance” Doctrine: Sullivan v. Baker Ranches and the State Engineer’s Discretion to Suspend Water-Rights Investigations

Date: Aug 19, 2025
“Pending-Litigation Abeyance” Doctrine: Sullivan v. Baker Ranches and the State Engineer’s Discretion to Suspend Water-Rights Investigations 1. Introduction Case: Sullivan, P.E. v. Baker Ranches,...
State v. Hendricks: Affirmative Conduct as “Child Neglect” Absent Injury—North Dakota Supreme Court Clarifies the Abuse/Neglect Divide

State v. Hendricks: Affirmative Conduct as “Child Neglect” Absent Injury—North Dakota Supreme Court Clarifies the Abuse/Neglect Divide

Date: Aug 19, 2025
State v. Hendricks: Affirmative Conduct as “Child Neglect” Absent Injury—North Dakota Supreme Court Clarifies the Abuse/Neglect Divide Introduction State v. Hendricks, 2025 ND 143, presented the...
“Equity Does Not Rescue Negligence” – The New Ohio Rule on Untimely Lease-Renewal Options (Ashland Global Holdings, Inc. v. SuperAsh Remainderman, Ltd. Partnership, 2025-Ohio-2835)

“Equity Does Not Rescue Negligence” – The New Ohio Rule on Untimely Lease-Renewal Options (Ashland Global Holdings, Inc. v. SuperAsh Remainderman, Ltd. Partnership, 2025-Ohio-2835)

Date: Aug 19, 2025
“Equity Does Not Rescue Negligence” – The New Ohio Rule on Untimely Lease-Renewal Options A Commentary on Ashland Global Holdings, Inc. v. SuperAsh Remainderman, Ltd. Partnership, 2025-Ohio-2835 1....
Reaffirming the Burden of Proof in Inmate Public-Records Mandamus Actions: A Commentary on State ex rel. Alford v. Diehl (2025-Ohio-2836)

Reaffirming the Burden of Proof in Inmate Public-Records Mandamus Actions: A Commentary on State ex rel. Alford v. Diehl (2025-Ohio-2836)

Date: Aug 19, 2025
Reaffirming the Burden of Proof in Inmate Public-Records Mandamus Actions: State ex rel. Alford v. Diehl (2025-Ohio-2836) 1. Introduction In State ex rel. Alford v. Diehl, 2025-Ohio-2836, the Supreme...

        “Hedging Is Not a Concession” – The Nevada Supreme Court Clarifies When Trial Counsel’s Reference to a Lesser-Included Offence Triggers McCoy-Type Error

“Hedging Is Not a Concession” – The Nevada Supreme Court Clarifies When Trial Counsel’s Reference to a Lesser-Included Offence Triggers McCoy-Type Error

Date: Aug 19, 2025
“Hedging Is Not a Concession” – The Nevada Supreme Court Clarifies When Trial Counsel’s Reference to a Lesser-Included Offence Triggers McCoy-Type Error Introduction In Coddington (Ryan) v. Warden,...
Reaffirming the Regulatory Safe Harbor & Contractual Limitations on Utility Customers: Commentary on Garmong v. Sierra Pacific Power Co., Inc.

Reaffirming the Regulatory Safe Harbor & Contractual Limitations on Utility Customers: Commentary on Garmong v. Sierra Pacific Power Co., Inc.

Date: Aug 19, 2025
Reaffirming the Regulatory Safe Harbor & Contractual Limitations on Utility Customers: Commentary on Garmong v. Sierra Pacific Power Company, Inc., Supreme Court of Nevada (2025) 1. Introduction The...
“Water as an Assessment” – The New Rule from Maxwell Trust v. Saticoy Bay LLC (Nev. 2025)

“Water as an Assessment” – The New Rule from Maxwell Trust v. Saticoy Bay LLC (Nev. 2025)

Date: Aug 19, 2025
“Water as an Assessment”: The Supreme Court of Nevada Recognizes Utility Charges as Lien-Triggering Assessments under NRS 116.3116 Introduction Maxwell Trust v. Saticoy Bay LLC Series 3414 Big Sur,...
Valjo v. Euphoria Wellness: Nevada Supreme Court Bars Revival of Time-Barred Claims Through Post-Hoc Ownership Agreements

Valjo v. Euphoria Wellness: Nevada Supreme Court Bars Revival of Time-Barred Claims Through Post-Hoc Ownership Agreements

Date: Aug 19, 2025
Valjo v. Euphoria Wellness – Nevada Supreme Court Bars Revival of Time-Barred Claims Through Post-Hoc Ownership Agreements 1. Introduction In Valjo, Inc. v. Euphoria Wellness, LLC (Nos. 87929 &...
“No Second Bite at the Apple” – Nevada Supreme Court Bars Renewal of Statute-of-Limitations Period by Later Assignment (Valjo, Inc. v. Euphoria Wellness, LLC)

“No Second Bite at the Apple” – Nevada Supreme Court Bars Renewal of Statute-of-Limitations Period by Later Assignment (Valjo, Inc. v. Euphoria Wellness, LLC)

Date: Aug 19, 2025
“No Second Bite at the Apple” – Nevada Supreme Court Bars Renewal of Statute-of-Limitations Period by Later Assignment Commentary on Valjo, Inc. v. Euphoria Wellness, LLC, Nos. 87929 & 88137 (Nev....
Watrous v. Porter Medical Center (2025 VT 47):  Hospital Policy Alone Cannot Establish the Standard of Care & Appellate Deference to Jury Findings on Rule 59 Motions

Watrous v. Porter Medical Center (2025 VT 47): Hospital Policy Alone Cannot Establish the Standard of Care & Appellate Deference to Jury Findings on Rule 59 Motions

Date: Aug 19, 2025
Watrous v. Porter Medical Center (2025 VT 47) Hospital Policy Alone Cannot Establish the Standard of Care & Appellate Deference to Jury Findings on Rule 59 Motions 1. Introduction The Vermont Supreme...
“Unsupervised” Re-Defined: Vermont Affirms Broad DCF Discretion in Risk-of-Sexual-Harm Substantiations – Commentary on In re Appeal of S.C.-M., 2025 VT 48

“Unsupervised” Re-Defined: Vermont Affirms Broad DCF Discretion in Risk-of-Sexual-Harm Substantiations – Commentary on In re Appeal of S.C.-M., 2025 VT 48

Date: Aug 19, 2025
“Unsupervised” Re-Defined: Vermont Affirms Broad DCF Discretion in Risk-of-Sexual-Harm Substantiations Commentary on In re Appeal of S.C.-M., 2025 VT 48 1. Introduction The Vermont Supreme Court’s...
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