standards-for-& Case Commentaries

No Look-Through for FAA § 9: First Circuit Orders Without-Prejudice Dismissal and Avoids Standing Inquiry Post-Badgerow

Date: Oct 23, 2025

No Look-Through for FAA § 9: First Circuit Orders Without-Prejudice Dismissal and Avoids Standing Inquiry Post-Badgerow Case: Puerto Rico Telephone Company, Inc. v. WorldNet Telecommunications, LLC...

StandWithUs v. MIT: First Circuit Harmonizes Title VI with the First Amendment and Rejects a Per Se Equation of Anti‑Zionism with Antisemitism

Date: Oct 23, 2025

StandWithUs v. MIT: First Circuit Harmonizes Title VI with the First Amendment and Rejects a Per Se Equation of Anti‑Zionism with Antisemitism Introduction In StandWithUs Center for Legal Justice v....

Silence Is Not Acceptance; Unilateral UCC-1 Filings Cannot Create Security Interests; and Courts May Dismiss as Frivolous Before Deciding IFP: Third Circuit’s Non-Precedential Affirmance in Nah v. Carvana

Date: Oct 23, 2025

Silence Is Not Acceptance; Unilateral UCC-1 Filings Cannot Create Security Interests; and Courts May Dismiss as Frivolous Before Deciding IFP: Third Circuit’s Non-Precedential Affirmance in Nah v....

Colorado River Controls Mixed Declaratory/Injunctive Actions; “Ready, Willing, and Able” for Texas Equitable Redemption Requires Conjunctive Proof: Commentary on All About Property, L.L.C. v. Midland Mortgage (5th Cir. 2025)

Date: Oct 23, 2025

Colorado River Controls Mixed Declaratory/Injunctive Actions; “Ready, Willing, and Able” for Texas Equitable Redemption Requires Conjunctive Proof: Commentary on All About Property, L.L.C. v. Midland...

Contractual Pre‑Suit ADR Can Trigger a CGL “Duty to Defend,” and Wrongful Denial Waives Consent-to-ADR; Bankruptcy Assignment Does Not Bar Indemnity Litigation

Date: Oct 23, 2025

Contractual Pre‑Suit ADR Can Trigger a CGL “Duty to Defend,” and Wrongful Denial Waives Consent-to-ADR; Bankruptcy Assignment Does Not Bar Indemnity Litigation Case: BPX Prod. Co. v. Certain...

No Internet Shortcut: Creditor’s Right to Repayment and Escrow Possession Qualify as “Property” Under Wire Fraud; Interstate Proof Required for Online Wires

Date: Oct 23, 2025

No Internet Shortcut: Creditor’s Right to Repayment and Escrow Possession Qualify as “Property” Under Wire Fraud; Interstate Proof Required for Online Wires Introduction In United States v. Baker,...

Tenth Circuit Clarifies Wire Fraud “Property”: Creditor’s Collection Right and Escrow Possession Qualify; Internet Use Alone Does Not Satisfy Interstate Element; Grand Jury May Initiate §401 Contempt

Date: Oct 23, 2025

Tenth Circuit Clarifies Wire Fraud “Property”: Creditor’s Collection Right and Escrow Possession Qualify; Internet Use Alone Does Not Satisfy Interstate Element; Grand Jury May Initiate §401 Contempt...

Prospective Application of Amended S.Ct.Prac.R. 4.03(A) and Strict Limits on Habeas Relief Reaffirmed: Gordon v. Smith

Date: Oct 22, 2025

Prospective Application of Amended S.Ct.Prac.R. 4.03(A) and Strict Limits on Habeas Relief Reaffirmed: Gordon v. Smith Introduction In Gordon v. Smith, 2025-Ohio-4768, the Supreme Court of Ohio...

Strict, Time-of-Filing Compliance with R.C. 2969.25(A): No Post-Filing Cure via Updated Affidavits or Civ.R. 15 in State ex rel. Harris v. Schwendeman

Date: Oct 22, 2025

Strict, Time-of-Filing Compliance with R.C. 2969.25(A): No Post-Filing Cure via Updated Affidavits or Civ.R. 15 Introduction In State ex rel. Harris v. Schwendeman, Slip Opinion No. 2025-Ohio-4769,...

A Bifurcated Test for “Cruel or Unusual”: Wyoming Supreme Court Clarifies Article 1, § 14 and Declines Categorical Protections for Emerging Adults

Date: Oct 22, 2025

A Bifurcated Test for “Cruel or Unusual”: Wyoming Supreme Court Clarifies Article 1, § 14 and Declines Categorical Protections for Emerging Adults Introduction In Christopher Robert Hicks v. The...

When Parties Fail to Provide Valuation Evidence, a District Court May Order Appraisal or Sale and Still Equitably Divide the Estate: Nonprecedential Affirmance in Marriage of Schafer

Date: Oct 22, 2025

When Parties Fail to Provide Valuation Evidence, a District Court May Order Appraisal or Sale and Still Equitably Divide the Estate: Nonprecedential Affirmance in Marriage of Schafer Court: Supreme...

No Waiver Without a Record: Montana Supreme Court Reaffirms and Clarifies § 53‑21‑119(1), MCA, Requirements for Waiver in Involuntary Commitment Proceedings

Date: Oct 22, 2025

No Waiver Without a Record: Montana Supreme Court Reaffirms and Clarifies § 53‑21‑119(1), MCA, Requirements for Waiver in Involuntary Commitment Proceedings Introduction In Matter of P.G.J., 2025 MT...

No Implied Easements from Settlement Silence: Four‑Corners Enforcement of MOUs, Strict Limits on Easement “Maintenance,” and Fees for Multiplying Proceedings (Schubert v. Toepp, 2025 MT 239)

Date: Oct 22, 2025

No Implied Easements from Settlement Silence: Four‑Corners Enforcement of MOUs, Strict Limits on Easement “Maintenance,” and Fees for Multiplying Proceedings (Schubert v. Toepp, 2025 MT 239)...

State v. Spangler (2025 MT 244N): Nonprecedential Reaffirmation that Single-Witness Testimony Can Sustain Unlawful Restraint; Remand to Correct Judgment to Attempted Assault with a Weapon

Date: Oct 22, 2025

State v. Spangler (2025 MT 244N): Nonprecedential Reaffirmation that Single-Witness Testimony Can Sustain Unlawful Restraint; Remand to Correct Judgment to Attempted Assault with a Weapon...

State v. Burrington: Medically Required Functional Restrictions Can Constitute “Protracted Impairment” for Serious Bodily Injury; Self-Defense May Be Asserted While Disputing the Injury Element

Date: Oct 22, 2025

State v. Burrington: Medically Required Functional Restrictions Can Constitute “Protracted Impairment” for Serious Bodily Injury; Self-Defense May Be Asserted While Disputing the Injury Element...

Reaffirming Hinkle: “Reasonable Evidence” Must Show Unconsciousness at the Moment of the Crime to Warrant an Automatism Instruction

Date: Oct 22, 2025

Reaffirming Hinkle: “Reasonable Evidence” Must Show Unconsciousness at the Moment of the Crime to Warrant an Automatism Instruction Introduction In State of West Virginia v. Timothy W. (No. 23-518),...

Ordinance Amendments Can Moot Systemic Challenges; Extraordinary Writs Cannot Compel Discretionary Permit Decisions Absent Arbitrary or Capricious Conduct

Date: Oct 22, 2025

Ordinance Amendments Can Moot Systemic Challenges; Extraordinary Writs Cannot Compel Discretionary Permit Decisions Absent Arbitrary or Capricious Conduct Introduction In Susan Casdorph v. City of...

Burks v. State: No Inherent Prejudice from Co‑Defendants’ Mid‑Voir Dire Guilty Pleas; Post‑Incision Autopsy Photos Admissible; Single Online Comment Insufficient for Change of Venue

Date: Oct 22, 2025

Burks v. State: No Inherent Prejudice from Co‑Defendants’ Mid‑Voir Dire Guilty Pleas; Post‑Incision Autopsy Photos Admissible; Single Online Comment Insufficient for Change of Venue Introduction In...

No Per Se Miranda Custody for 10-13 Behavioral Health Interviews; Pattern Insanity and Intoxication Instructions Suffice — Gravitt v. State (Ga. 2025)

Date: Oct 22, 2025

No Per Se Miranda Custody for 10-13 Behavioral Health Interviews; Pattern Insanity and Intoxication Instructions Suffice Commentary on Gravitt v. State, Supreme Court of Georgia (Decided Oct. 21,...

Strategic Non-Objections and Prison Gang Expertise: Georgia Supreme Court Clarifies Ineffective Assistance and Relevance Standards in Momon v. State

Date: Oct 22, 2025

Strategic Non-Objections and Prison Gang Expertise: Georgia Supreme Court Clarifies Ineffective Assistance and Relevance Standards in Momon v. State Introduction In Momon v. State, the Supreme Court...