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strict-enforcement-of-probation-conditions:-a-landmark-decision-in-in-re:-michael-thomas-joseph, Case Commentaries

State v. Popp: Narrowing “Reasonable Suspicion” When the Predicate Offense is Littering under Idaho Code § 18-7031

State v. Popp: Narrowing “Reasonable Suspicion” When the Predicate Offense is Littering under Idaho Code § 18-7031

Date: Jul 4, 2025
State v. Popp (2025): Narrowing “Reasonable Suspicion” When the Predicate Offense is Littering under Idaho Code § 18-7031 1. Introduction State v. Popp is the Idaho Supreme Court’s most recent...
Narrowing OV 7 After the 2015 Amendments: “Similarly Egregious” Conduct and an Intent-to-Heighten-Fear Requirement Highlighted in People v. Brownfield

Narrowing OV 7 After the 2015 Amendments: “Similarly Egregious” Conduct and an Intent-to-Heighten-Fear Requirement Highlighted in People v. Brownfield

Date: Jul 4, 2025
Narrowing OV 7 After the 2015 Amendments: “Similarly Egregious” Conduct and an Intent-to-Heighten-Fear Requirement Highlighted in People v. Brownfield Introduction This commentary analyzes the...
Certification Is Not a Vehicle to Revisit Settled Law: Michigan Supreme Court Declines to Answer Federal Certified Question on the Medical-Malpractice Damages Cap

Certification Is Not a Vehicle to Revisit Settled Law: Michigan Supreme Court Declines to Answer Federal Certified Question on the Medical-Malpractice Damages Cap

Date: Jul 4, 2025
Certification Is Not a Vehicle to Revisit Settled Law: Michigan Supreme Court Declines to Answer Federal Certified Question on the Medical-Malpractice Damages Cap Introduction This commentary...
“All Issues Are for the Arbitrator”: Lamonaco v. Experian and the Eleventh Circuit’s Express Recognition that Waiver Can Be Validly Delegated

“All Issues Are for the Arbitrator”: Lamonaco v. Experian and the Eleventh Circuit’s Express Recognition that Waiver Can Be Validly Delegated

Date: Jul 4, 2025
“All Issues Are for the Arbitrator”: Lamonaco v. Experian and the Eleventh Circuit’s Express Recognition that Waiver Can Be Validly Delegated 1. Introduction Lamonaco v. Experian Information...
“Finality & Forfeiture”: The Indiana Supreme Court’s Reinforcement of Strict Appellate Deadlines in Juvenile Delinquency Matters – Comment on State of Indiana v. B.H. (2025)

“Finality & Forfeiture”: The Indiana Supreme Court’s Reinforcement of Strict Appellate Deadlines in Juvenile Delinquency Matters – Comment on State of Indiana v. B.H. (2025)

Date: Jul 3, 2025
“Finality & Forfeiture”: The Indiana Supreme Court’s Reinforcement of Strict Appellate Deadlines in Juvenile Delinquency Matters – Comment on State of Indiana v. B.H. (2025) 1. Introduction In State...
Johnston v. Court-Appointed Receiver (2d Cir. 2025):  Automatic Chapter 15 Stay Does Not Shield a Debtor’s Own Affirmative Claims in a U.S. Equity Receivership

Johnston v. Court-Appointed Receiver (2d Cir. 2025): Automatic Chapter 15 Stay Does Not Shield a Debtor’s Own Affirmative Claims in a U.S. Equity Receivership

Date: Jul 3, 2025
Johnston v. Court-Appointed Receiver (2d Cir. 2025): Automatic Chapter 15 Stay Does Not Shield a Debtor’s Own Affirmative Claims in a U.S. Equity Receivership 1. Introduction John Johnston and Edward...

        The Right-to-Collect Doctrine:    Second Circuit Affirms §664 Liability for Conversion of Contractual Benefit-Fund Claims

The Right-to-Collect Doctrine: Second Circuit Affirms §664 Liability for Conversion of Contractual Benefit-Fund Claims

Date: Jul 3, 2025
The Right-to-Collect Doctrine: Second Circuit Affirms § 664 Liability for Conversion of Contractual Benefit-Fund Claims 1. Introduction United States v. O’Sullivan (23-7076-cr, decided 2 July 2025)...
United States v. Salim: Reaffirming Rule 48(a) Dismissals Without Defendant Consent & Tightening Access to Coram Nobis

United States v. Salim: Reaffirming Rule 48(a) Dismissals Without Defendant Consent & Tightening Access to Coram Nobis

Date: Jul 3, 2025
United States v. Salim: Reaffirming the Government’s Unilateral Authority under Rule 48(a) and Limiting Coram Nobis Relief Following Non-Prejudicial Dismissals 1. Introduction Mamdouh Mahmud Salim –...
“Solvent Traps” as Silencers & the Post-Zherka Constitutionality of 18 U.S.C. § 922(g)(1): A Commentary on United States v. Sternquist (2d Cir. 2025)

“Solvent Traps” as Silencers & the Post-Zherka Constitutionality of 18 U.S.C. § 922(g)(1): A Commentary on United States v. Sternquist (2d Cir. 2025)

Date: Jul 3, 2025
“Solvent Traps” as Silencers & the Post-Zherka Constitutionality of 18 U.S.C. § 922(g)(1) A Structured Commentary on United States v. Sternquist, 24-2135-cr (2d Cir. July 2 2025) (Summary Order)...
Second Circuit Re-Affirms Constitutionality of 18 U.S.C. § 922(g)(1) Against Post-Bruen Challenges, Even by “Non-Violent” Felons

Second Circuit Re-Affirms Constitutionality of 18 U.S.C. § 922(g)(1) Against Post-Bruen Challenges, Even by “Non-Violent” Felons

Date: Jul 3, 2025
Second Circuit Re-Affirms Constitutionality of 18 U.S.C. § 922(g)(1) Against Post-Bruen Challenges, Even by “Non-Violent” Felons Introduction United States v. Williams, No. 23-6840-cr (2d Cir. July...
“The Flinton Rule” – A Second-Circuit Mandate for Reassignment to a New ALJ After Any Unremedied Appointments-Clause Violation

“The Flinton Rule” – A Second-Circuit Mandate for Reassignment to a New ALJ After Any Unremedied Appointments-Clause Violation

Date: Jul 3, 2025
“The Flinton Rule” – A Second-Circuit Mandate for Reassignment to a New ALJ After Any Unremedied Appointments-Clause Violation 1. Introduction Flinton v. Commissioner of Social Security, Docket No....
“A Tale of Two Plaintiffs” – The Second Circuit’s Dual-Track Standard for Assessing Sincerity of Religious Beliefs at Summary Judgment (Gardner-Alfred v. Federal Reserve Bank of New York)

“A Tale of Two Plaintiffs” – The Second Circuit’s Dual-Track Standard for Assessing Sincerity of Religious Beliefs at Summary Judgment (Gardner-Alfred v. Federal Reserve Bank of New York)

Date: Jul 3, 2025
“A Tale of Two Plaintiffs” – The Second Circuit’s Dual-Track Standard for Assessing Sincerity of Religious Beliefs at Summary Judgment (Gardner-Alfred v. Federal Reserve Bank of New York, 23-7544, 2d...
“No Vacatur Outside the Seat”: Second Circuit Rules U.S. Courts Lack Subject-Matter Jurisdiction to Set Aside Foreign Arbitral Awards under FAA § 203

“No Vacatur Outside the Seat”: Second Circuit Rules U.S. Courts Lack Subject-Matter Jurisdiction to Set Aside Foreign Arbitral Awards under FAA § 203

Date: Jul 3, 2025
“No Vacatur Outside the Seat”: Second Circuit Rules U.S. Courts Lack Subject-Matter Jurisdiction to Set Aside Foreign Arbitral Awards under FAA § 203 1. Introduction Molecular Dynamics, Ltd. v....
Commentary on United States v. Lopez (2d Cir. 2025):  Foreign Commercial Bribery Confirmed as Honest-Services Wire Fraud under 18 U.S.C. § 1346

Commentary on United States v. Lopez (2d Cir. 2025): Foreign Commercial Bribery Confirmed as Honest-Services Wire Fraud under 18 U.S.C. § 1346

Date: Jul 3, 2025
Foreign Commercial Bribery Confirmed as Honest-Services Wire Fraud: A Comprehensive Commentary on United States v. Lopez, 87 F.4th ___ (2d Cir. 2025) 1. Introduction United States v. Lopez is the...
Pinetree Principle: Timely and Methodologically-Sound Expert Evidence Is Essential for Insureds Under All-Risk Policies

Pinetree Principle: Timely and Methodologically-Sound Expert Evidence Is Essential for Insureds Under All-Risk Policies

Date: Jul 3, 2025
Pinetree Principle: Timely and Methodologically-Sound Expert Evidence Is Essential for Insureds Under All-Risk Policies 1. Introduction The Eleventh Circuit’s unpublished decision in 4539 Pinetree...
“Court-Created Disclosure Exception” — Brooks v. City of Southside and the Duty to Re-Evaluate Anonymity When the Court Itself Releases Sensitive Information

“Court-Created Disclosure Exception” — Brooks v. City of Southside and the Duty to Re-Evaluate Anonymity When the Court Itself Releases Sensitive Information

Date: Jul 3, 2025
“Court-Created Disclosure Exception” — Brooks v. City of Southside and the Duty to Re-Evaluate Anonymity When the Court Itself Releases Sensitive Information 1. Introduction The Eleventh Circuit’s...
“Future–Risk” Is Not “Present Disability”: The Eleventh Circuit’s Clarification on Unvaccinated Status, Religious Accommodation, and Retaliation in Pajer v. Disney

“Future–Risk” Is Not “Present Disability”: The Eleventh Circuit’s Clarification on Unvaccinated Status, Religious Accommodation, and Retaliation in Pajer v. Disney

Date: Jul 3, 2025
“Future–Risk” Is Not “Present Disability”: Eleventh Circuit Clarifies the Limits of ADA “Regarded-As” Claims and Religious Discrimination Theories in Pajer v. Disney 1. Introduction In Adam Pajer v....
Reaffirming Officers’ Limited Investigative Duty: Barnett v. Elsmore and the Threshold for “Arguable Probable Cause” in Malicious-Prosecution Claims

Reaffirming Officers’ Limited Investigative Duty: Barnett v. Elsmore and the Threshold for “Arguable Probable Cause” in Malicious-Prosecution Claims

Date: Jul 3, 2025
Reaffirming Officers’ Limited Investigative Duty: Barnett v. Elsmore and the Threshold for “Arguable Probable Cause” in Malicious-Prosecution Claims Introduction In Harry Barnett v. Justin Elsmore,...
“Particularity Means Particularity” – The Eleventh Circuit Narrows the Circumstances for Relaxing Rule 9(b) in False Claims Act Pleadings

“Particularity Means Particularity” – The Eleventh Circuit Narrows the Circumstances for Relaxing Rule 9(b) in False Claims Act Pleadings

Date: Jul 3, 2025
“Particularity Means Particularity” – The Eleventh Circuit Narrows the Circumstances for Relaxing Rule 9(b) in False Claims Act Pleadings Introduction In Monica McKoy v. Atlanta Primary Care...
Eleventh Circuit Clarifies that Unvaccinated Status Is Not a “Perceived Disability” and Neutral COVID-19 Safety Protocols Do Not Constitute Religious Discrimination

Eleventh Circuit Clarifies that Unvaccinated Status Is Not a “Perceived Disability” and Neutral COVID-19 Safety Protocols Do Not Constitute Religious Discrimination

Date: Jul 3, 2025
Eleventh Circuit Clarifies that Unvaccinated Status Is Not a “Perceived Disability” and Neutral COVID-19 Safety Protocols Do Not Constitute Religious Discrimination Introduction In Seth Schmidt v....
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