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

United States v. Robinson: Genuine Memory Loss Does Not Bar Admission of Prior Testimonial Statements When Cross-Examination Is Possible

United States v. Robinson: Genuine Memory Loss Does Not Bar Admission of Prior Testimonial Statements When Cross-Examination Is Possible

Date: Jul 11, 2025
United States v. Robinson: Genuine Memory Loss Does Not Bar Admission of Prior Testimonial Statements When Cross-Examination Is Possible Introduction This commentary analyses the Seventh Circuit’s...
Hanrahan v. State: Distinct Attorney-Fee Caps for Each “Single Accidental Injury” under New Mexico’s Workers’ Compensation Act

Hanrahan v. State: Distinct Attorney-Fee Caps for Each “Single Accidental Injury” under New Mexico’s Workers’ Compensation Act

Date: Jul 11, 2025
Hanrahan v. State: Distinct Attorney-Fee Caps for Each “Single Accidental Injury” under New Mexico’s Workers’ Compensation Act 1. Introduction Court: Supreme Court of New Mexico Date: 9 July 2025...
The “Pena Quorum Principle”: Open-Meetings Act Violations Demand Quorum Action for County-Official Recall

The “Pena Quorum Principle”: Open-Meetings Act Violations Demand Quorum Action for County-Official Recall

Date: Jul 11, 2025
The “Pena Quorum Principle”: Open-Meetings Act Violations Demand Quorum Action for County-Official Recall 1. Introduction In Pena v. Rio Arriba County Commissioner, No. S-1-SC-40411 (N.M. July 9,...
The “Perry Rule” – Odor-Based Probable Cause Survives Marijuana Decriminalization in New Mexico

The “Perry Rule” – Odor-Based Probable Cause Survives Marijuana Decriminalization in New Mexico

Date: Jul 11, 2025
The “Perry Rule” – Odor-Based Probable Cause Survives Marijuana Decriminalization in New Mexico Introduction The Supreme Court of New Mexico’s decision in State v. Perry, No. S-1-SC-40187 (July 9,...
Presumed Patient Reliance in Emergency-Room Care:  Markel v. William Beaumont Hospital (Mich. 2025)

Presumed Patient Reliance in Emergency-Room Care: Markel v. William Beaumont Hospital (Mich. 2025)

Date: Jul 11, 2025
Presumed Patient Reliance in Emergency-Room Care: Markel v. William Beaumont Hospital (Michigan Supreme Court, 2025) Introduction Markel v. William Beaumont Hospital, decided by the Michigan Supreme...
“Single-Family Residence Purposes” Re-Defined:  Berlin Trust v. Rubin and the Future of Short-Term Rentals in Michigan

“Single-Family Residence Purposes” Re-Defined: Berlin Trust v. Rubin and the Future of Short-Term Rentals in Michigan

Date: Jul 11, 2025
“Single-Family Residence Purposes” Re-Defined: Berlin Trust v. Rubin and the Future of Short-Term Rentals in Michigan 1. Introduction Swift Estates, a nine-home lakeside enclave in Berrien County,...
People v. Morris: The Michigan Supreme Court Clarifies that OV-19 Requires Fact-Specific Proof of an Actual Security Threat, Not Mere Drug Possession During Jail Intake

People v. Morris: The Michigan Supreme Court Clarifies that OV-19 Requires Fact-Specific Proof of an Actual Security Threat, Not Mere Drug Possession During Jail Intake

Date: Jul 11, 2025
People v. Morris: The Michigan Supreme Court Clarifies that OV-19 Requires Fact-Specific Proof of an Actual Security Threat, Not Mere Drug Possession During Jail Intake Introduction On 9 July 2025,...
“Fictitious‐Staff Deception” as Professional Misconduct: Hunter Sets a Higher Bar for Dishonesty-Based Sanctions in Ohio

“Fictitious‐Staff Deception” as Professional Misconduct: Hunter Sets a Higher Bar for Dishonesty-Based Sanctions in Ohio

Date: Jul 11, 2025
“Fictitious‐Staff Deception” as Professional Misconduct: Disciplinary Counsel v. Hunter (2025-Ohio-2406) and the Escalation of Sanctions for Patterned Dishonesty 1. Introduction In Disciplinary...
Affirmation of New York City’s Post-“60/40” Zoning Regime: Second Circuit Re-validates Content-Neutral Regulation of Adult Businesses

Affirmation of New York City’s Post-“60/40” Zoning Regime: Second Circuit Re-validates Content-Neutral Regulation of Adult Businesses

Date: Jul 11, 2025
Affirmation of New York City’s Post-“60/40” Zoning Regime: Second Circuit Re-validates Content-Neutral Regulation of Adult Businesses Introduction The case of 59 Murray Enterprises, Inc. v. City of...
Reaffirming the Absence of a Private Right of Action under the ACAA and Clarifying Post-Pandemic Mootness: Commentary on Abadi v. Fauci (2d Cir. 2025)

Reaffirming the Absence of a Private Right of Action under the ACAA and Clarifying Post-Pandemic Mootness: Commentary on Abadi v. Fauci (2d Cir. 2025)

Date: Jul 11, 2025
Reaffirming the Absence of a Private Right of Action under the ACAA and Clarifying Post-Pandemic Mootness: Commentary on Abadi v. Fauci, 24-2365-cv (2d Cir. 2025) Introduction Abadi v. Fauci is a pro...
Angarita v. Bondi: Second Circuit Reaffirms the Departure Bar’s Jurisdictional Force and Strict Exhaustion in Motions to Reopen

Angarita v. Bondi: Second Circuit Reaffirms the Departure Bar’s Jurisdictional Force and Strict Exhaustion in Motions to Reopen

Date: Jul 11, 2025
Angarita v. Bondi: Second Circuit Reaffirms the Departure Bar’s Jurisdictional Force and Strict Exhaustion in Motions to Reopen Introduction On 8 July 2025, the United States Court of Appeals for the...
Reaffirming the Limits of Copyright Protection and the Absence of a Private Right of Action under Federal Criminal-Copyright Provisions: Commentary on Jones v. Atlantic Recording Corp. (2d Cir. 2025)

Reaffirming the Limits of Copyright Protection and the Absence of a Private Right of Action under Federal Criminal-Copyright Provisions: Commentary on Jones v. Atlantic Recording Corp. (2d Cir. 2025)

Date: Jul 11, 2025
Reaffirming the Limits of Copyright Protection and the Absence of a Private Right of Action under Federal Criminal-Copyright Provisions: Lessons from Jones v. Atlantic Recording Corp. (2d Cir. 2025)...
Strategic Settlements in Federal Equity Receiverships: Second Circuit Affirms Expansive District-Court Discretion

Strategic Settlements in Federal Equity Receiverships: Second Circuit Affirms Expansive District-Court Discretion

Date: Jul 11, 2025
Strategic Settlements in Federal Equity Receiverships: Second Circuit Affirms Expansive District-Court Discretion Introduction In Stadtmauer v. Court-Appointed Receiver, Nos. 24-1973-cv(L);...
United States v. Acosta: Post-Bruen Endorsement of Felon-in-Possession Prohibitions and Plain-Error Review of Gang-Association Conditions

United States v. Acosta: Post-Bruen Endorsement of Felon-in-Possession Prohibitions and Plain-Error Review of Gang-Association Conditions

Date: Jul 11, 2025
United States v. Acosta: Post-Bruen Endorsement of Felon-in-Possession Prohibitions and Plain-Error Review of Gang-Association Conditions Introduction United States v. Acosta, No. 24-965 (2d Cir....
Reaffirming the Breadth of § 371: United States v. Lingat and the Continued Vitality of the Klein Conspiracy Doctrine

Reaffirming the Breadth of § 371: United States v. Lingat and the Continued Vitality of the Klein Conspiracy Doctrine

Date: Jul 11, 2025
Reaffirming the Breadth of § 371: United States v. Lingat and the Continued Vitality of the Klein Conspiracy Doctrine 1. Introduction United States v. Lingat, No. 24-2328-cr (2d Cir. Jul. 8, 2025),...
From Jurisdictional Bar to Waivable Deadline: The Second Circuit Embraces Riley and Declares 8 U.S.C. § 1252(b)(1)’s 30-Day Limit a Non-Jurisdictional Claim-Processing Rule

From Jurisdictional Bar to Waivable Deadline: The Second Circuit Embraces Riley and Declares 8 U.S.C. § 1252(b)(1)’s 30-Day Limit a Non-Jurisdictional Claim-Processing Rule

Date: Jul 11, 2025
From Jurisdictional Bar to Waivable Deadline: The Second Circuit Embraces Riley and Declares 8 U.S.C. § 1252(b)(1)’s 30-Day Limit a Non-Jurisdictional Claim-Processing Rule 1. Introduction...
Affirming Broad Discretion to Dismiss Pro Se Actions for Discovery Non-Compliance: Gregory Makozy v. United Parcel Service

Affirming Broad Discretion to Dismiss Pro Se Actions for Discovery Non-Compliance: Gregory Makozy v. United Parcel Service

Date: Jul 11, 2025
Affirming Broad Discretion to Dismiss Pro Se Actions for Discovery Non-Compliance: Gregory Makozy v. United Parcel Service Introduction In Gregory Makozy v. United Parcel Service, the United States...
“Actual Malice Must Be Plausibly Pled”: The Eleventh Circuit’s Re-affirmation of the Twombly/Iqbal Standard in Public-Figure Defamation Cases

“Actual Malice Must Be Plausibly Pled”: The Eleventh Circuit’s Re-affirmation of the Twombly/Iqbal Standard in Public-Figure Defamation Cases

Date: Jul 11, 2025
“Actual Malice Must Be Plausibly Pled”: The Eleventh Circuit’s Re-affirmation of the Twombly/Iqbal Standard in Public-Figure Defamation Cases Introduction In Patrick Nathaniel Reed v. Brandel Eugene...
Reed v. Chamblee & Reed v. Ryan: Eleventh Circuit Re-Affirms the Twombly/Iqbal “Actual-Malice” Pleading Threshold for Public-Figure Defamation Claims

Reed v. Chamblee & Reed v. Ryan: Eleventh Circuit Re-Affirms the Twombly/Iqbal “Actual-Malice” Pleading Threshold for Public-Figure Defamation Claims

Date: Jul 11, 2025
Reed v. Chamblee & Reed v. Ryan: Eleventh Circuit Re-Affirms the Twombly/Iqbal “Actual-Malice” Pleading Threshold for Public-Figure Defamation Claims 1. Introduction The consolidated appeals in...
Eleventh Circuit Clarifies Good-Cause Requirement for Late Suppression Motions and Harmless-Error Review of Guideline Miscalculations – Commentary on United States v. Kenneth Ingram (11th Cir. 2025)

Eleventh Circuit Clarifies Good-Cause Requirement for Late Suppression Motions and Harmless-Error Review of Guideline Miscalculations – Commentary on United States v. Kenneth Ingram (11th Cir. 2025)

Date: Jul 11, 2025
Eleventh Circuit Clarifies Good-Cause Requirement for Late Suppression Motions and Harmless-Error Review of Guideline Miscalculations Commentary on United States v. Kenneth Ingram, No. 23-11251 (11th...
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