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

Clarifying the Use of Arrest Records and Section 3553(a)(2)(A) Factors in Supervised Release Revocation Sentencing

Clarifying the Use of Arrest Records and Section 3553(a)(2)(A) Factors in Supervised Release Revocation Sentencing

Date: Apr 26, 2025
Clarifying the Use of Arrest Records and Section 3553(a)(2)(A) Factors in Supervised Release Revocation Sentencing Introduction United States v. Gregory (2d Cir. Apr. 25, 2025) addresses two...
No Standing for Independent-Contractor Affiliates to Seek Counsel Disqualification: An Analysis of McGuire v. The McGuire Group, Inc. (2025 NY Slip Op 02468)

No Standing for Independent-Contractor Affiliates to Seek Counsel Disqualification: An Analysis of McGuire v. The McGuire Group, Inc. (2025 NY Slip Op 02468)

Date: Apr 26, 2025
No Standing for Independent-Contractor Affiliates to Seek Counsel Disqualification: A Commentary on McGuire v. The McGuire Group, Inc. (2025 NY Slip Op 02468) Introduction The Fourth Department’s...
Granath v. Monroe County: Clarifying “Reckless Disregard” and Confirming that Lights-and-Sirens Are Not a Pre-Condition to VTL §1104 Immunity

Granath v. Monroe County: Clarifying “Reckless Disregard” and Confirming that Lights-and-Sirens Are Not a Pre-Condition to VTL §1104 Immunity

Date: Apr 26, 2025
Granath v. Monroe County: Clarifying “Reckless Disregard” and Confirming that Lights-and-Sirens Are Not a Pre-Condition to VTL §1104 Immunity 1. Introduction Granath v. Monroe County, 237 A.D.3d 1594...
Clarifying the Futility Exception in ADEA Prima Facie Cases: Cohen v. Arnot Health, Inc.

Clarifying the Futility Exception in ADEA Prima Facie Cases: Cohen v. Arnot Health, Inc.

Date: Apr 26, 2025
Clarifying the Futility Exception in ADEA Prima Facie Cases Introduction Cohen v. Arnot Health, Inc. is a summary order from the United States Court of Appeals for the Second Circuit, decided April...
Substantial Evidence Over Treating‐Physician Deference in LHWCA Disability Claims

Substantial Evidence Over Treating‐Physician Deference in LHWCA Disability Claims

Date: Apr 26, 2025
Substantial Evidence Over Treating‐Physician Deference in LHWCA Disability Claims Introduction Dedic v. Fluor Federal, decided April 25, 2025 by the United States Court of Appeals for the Second...
Rule 56(f) and the Right to Essential Discovery: Ordonez v. Capitol Farmers Market, Inc.

Rule 56(f) and the Right to Essential Discovery: Ordonez v. Capitol Farmers Market, Inc.

Date: Apr 26, 2025
Rule 56(f) and the Right to Essential Discovery Before Summary Judgment Introduction In Ordonez v. Capitol Farmers Market, Inc., SC-2024-0424 (Ala. Apr. 25, 2025), the Supreme Court of Alabama...
Jurisdictional and Substantive Limits on ASORCNA Relief: Civil-Filing Requirement and Exclusion of Custodial Sexual Misconduct

Jurisdictional and Substantive Limits on ASORCNA Relief: Civil-Filing Requirement and Exclusion of Custodial Sexual Misconduct

Date: Apr 26, 2025
Jurisdictional and Substantive Limits on ASORCNA Relief: Civil-Filing Requirement and Exclusion of Custodial Sexual Misconduct Introduction In Briana Marquise Matthews v. State of Alabama, 2025 WL...
Upward Variance for Recent Serious Criminal Conduct Under 18 U.S.C. § 3553(a)

Upward Variance for Recent Serious Criminal Conduct Under 18 U.S.C. § 3553(a)

Date: Apr 26, 2025
Upward Variance for Recent Serious Criminal Conduct Under 18 U.S.C. § 3553(a) Introduction United States v. Lewis, 10th Cir. No. 24-6095 (Apr. 25, 2025), addresses the scope of a sentencing court’s...
Amendment to U.S.S.G. §4A1.3(b)(1) Advisory: No Mandate for Downward Variance Based on Minor Marijuana Conviction

Amendment to U.S.S.G. §4A1.3(b)(1) Advisory: No Mandate for Downward Variance Based on Minor Marijuana Conviction

Date: Apr 26, 2025
Amendment to U.S.S.G. §4A1.3(b)(1) Advisory: No Mandate for Downward Variance Based on Minor Marijuana Conviction Introduction United States v. Carlos Estrada, Nos. 23-3370 & 23-3378 (7th Cir. Apr....
Prisoner Access to Direct-Acting Antivirals and Eighth Amendment Deliberate Indifference: Ricks v. Khan

Prisoner Access to Direct-Acting Antivirals and Eighth Amendment Deliberate Indifference: Ricks v. Khan

Date: Apr 26, 2025
Prisoner Access to Direct-Acting Antivirals and Eighth Amendment Deliberate Indifference: Ricks v. Khan Introduction In Ricks v. Khan, 20-20303 (5th Cir. Apr. 25, 2025), the Fifth Circuit confronted...
Concrete Downstream Consequences Required for Informational Injury Standing Under NVRA

Concrete Downstream Consequences Required for Informational Injury Standing Under NVRA

Date: Apr 26, 2025
Concrete Downstream Consequences Required for Informational Injury Standing Under NVRA Introduction The Third Circuit’s decision in Public Interest Legal Foundation v. Secretary Commonwealth of...
Affirmative Defenses Do Not Undermine Probable Cause in § 3503(b) Defiant Trespass Arrests

Affirmative Defenses Do Not Undermine Probable Cause in § 3503(b) Defiant Trespass Arrests

Date: Apr 26, 2025
Affirmative Defenses Do Not Undermine Probable Cause in § 3503(b) Defiant Trespass Arrests Introduction This commentary examines the Third Circuit’s decision in Edwin Soto‐Santana v. Stephan Wengen,...
Establishing Probable Cause through Package Profiling, Canine Alert, and Anticipatory Warrants in Postal Drug Investigations

Establishing Probable Cause through Package Profiling, Canine Alert, and Anticipatory Warrants in Postal Drug Investigations

Date: Apr 26, 2025
Establishing Probable Cause through Package Profiling, Canine Alert, and Anticipatory Warrants in Postal Drug Investigations Introduction United States v. Mich'el Lulu Bey, decided April 25, 2025 by...
Kansas Supreme Court Declines Reasonableness Review for Non-Competition Conditions Precedent

Kansas Supreme Court Declines Reasonableness Review for Non-Competition Conditions Precedent

Date: Apr 26, 2025
Kansas Supreme Court Declines Reasonableness Review for Non-Competition Conditions Precedent Introduction Lawson v. Spirit Aerosystems, Inc. arises from a dispute between Larry A. Lawson, former CEO...
Imputed Knowledge Shields Premises Owners: Application of Mississippi Code §11-1-66 in Rose v. Nissan North America

Imputed Knowledge Shields Premises Owners: Application of Mississippi Code §11-1-66 in Rose v. Nissan North America

Date: Apr 26, 2025
Imputed Knowledge Shields Premises Owners: Application of Mississippi Code §11-1-66 in Rose v. Nissan North America Introduction Rose v. Nissan North America, decided April 25, 2025 by the Fifth...
Interdependency Requirement for Aggregating Noncontiguous Parcels Under Section 705 of the Eminent Domain Code

Interdependency Requirement for Aggregating Noncontiguous Parcels Under Section 705 of the Eminent Domain Code

Date: Apr 26, 2025
Interdependency Requirement for Aggregating Noncontiguous Parcels Under Section 705 of the Eminent Domain Code Introduction In Pignetti, G. & J. h/w, Aplts. v. PennDOT, No. 26 & 27 EAP 2023 (Pa. Apr....
Clarifying “Used Together for a Unified Purpose”: Interdependency Requirement under Section 705 of the Eminent Domain Code

Clarifying “Used Together for a Unified Purpose”: Interdependency Requirement under Section 705 of the Eminent Domain Code

Date: Apr 26, 2025
Clarifying “Used Together for a Unified Purpose”: Interdependency Requirement under Section 705 of the Eminent Domain Code Introduction This commentary examines the Supreme Court of Pennsylvania’s...
Clarifying the Voluntary-Inpatient Threshold under Pennsylvania’s MHPA

Clarifying the Voluntary-Inpatient Threshold under Pennsylvania’s MHPA

Date: Apr 26, 2025
Clarifying the Voluntary-Inpatient Threshold under Pennsylvania’s MHPA Introduction In Estate of Frederick v. Geisinger Medical Center, the Pennsylvania Supreme Court addressed whether a patient’s...
Matter of Jayden M.:  Email Service Does Not Trigger Appellate Deadlines & “Standing-Mute” Representation Constitutes Party Default

Matter of Jayden M.: Email Service Does Not Trigger Appellate Deadlines & “Standing-Mute” Representation Constitutes Party Default

Date: Apr 26, 2025
Matter of Jayden M.: Email Service Does Not Trigger Appellate Deadlines & “Standing-Mute” Representation Constitutes Party Default Introduction The Fourth Department’s decision in Matter of Jayden M....
Arcangeli v. Global Industries: Re-affirming the Manufacturer’s Continuing Duty to Warn and Heightened Burden on Summary Judgment for Design-Defect Claims Involving Used Farm Machinery

Arcangeli v. Global Industries: Re-affirming the Manufacturer’s Continuing Duty to Warn and Heightened Burden on Summary Judgment for Design-Defect Claims Involving Used Farm Machinery

Date: Apr 26, 2025
Arcangeli v. Global Industries: Re-affirming the Manufacturer’s Continuing Duty to Warn and Heightened Burden on Summary Judgment for Design-Defect Claims Involving Used Farm Machinery Introduction...
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