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

Abuse Liability as an Independently Sufficient Basis for FDA Marketing Denial of ENDS Products

Abuse Liability as an Independently Sufficient Basis for FDA Marketing Denial of ENDS Products

Date: Apr 25, 2025
Abuse Liability as an Independently Sufficient Basis for FDA Marketing Denial of ENDS Products Introduction This commentary examines the Eleventh Circuit’s April 24, 2025 decision in Bidi Vapor LLC...
Clarifying Review Standards in Tenth Circuit Immigration Appeals

Clarifying Review Standards in Tenth Circuit Immigration Appeals

Date: Apr 25, 2025
Clarifying Review Standards in Tenth Circuit Immigration Appeals Introduction In Toj-Riz v. Garland, No. 24-9533 (10th Cir. Apr. 24, 2025), the United States Court of Appeals for the Tenth Circuit...
Due Process in Foreclosure: Service on Known and Unknown Heirs under NM § 39-5-15

Due Process in Foreclosure: Service on Known and Unknown Heirs under NM § 39-5-15

Date: Apr 25, 2025
Due Process in Foreclosure: Service on Known and Unknown Heirs under NM § 39-5-15 Introduction The Supreme Court of New Mexico’s decision in BOKF, N.A. v. Pacheco (2025) revisits fundamental due...
Collateral Estoppel Bars Post-Foreclosure Challenges Following District Court Possession Judgments

Collateral Estoppel Bars Post-Foreclosure Challenges Following District Court Possession Judgments

Date: Apr 25, 2025
Collateral Estoppel Bars Post-Foreclosure Challenges Following District Court Possession Judgments Introduction This commentary examines the Rhode Island Supreme Court’s order in Modupe Osifodunrin...
Gates v. Hudson: Requiring Detailed Prima Facie Evidence for Tax Liability on Summary Judgment

Gates v. Hudson: Requiring Detailed Prima Facie Evidence for Tax Liability on Summary Judgment

Date: Apr 25, 2025
Gates v. Hudson: Requiring Detailed Prima Facie Evidence for Tax Liability on Summary Judgment Introduction The decision in Michael W. Gates and Susan J. Gates v. Jim Hudson, Secretary, Department of...
Factual Substantiation Requirement for Nontechnical Probation Violations under NRS 176A.510

Factual Substantiation Requirement for Nontechnical Probation Violations under NRS 176A.510

Date: Apr 25, 2025
Factual Substantiation Requirement for Nontechnical Probation Violations under NRS 176A.510 Introduction This commentary examines the Supreme Court of Nevada’s decision in Sheridan (Quashawn) v....
Exemption of Temporary Use Permits on State Trust Lands from County Land-Use Regulations

Exemption of Temporary Use Permits on State Trust Lands from County Land-Use Regulations

Date: Apr 25, 2025
Exemption of Temporary Use Permits on State Trust Lands from County Land-Use Regulations Introduction In Teton County Board of County Commissioners v. State of Wyoming, Board of Land Commissioners...
Exclusion of Post-2014 Rehabilitation-Plan Contribution Increases from Withdrawal Liability under 29 U.S.C. §1085(g)(3)

Exclusion of Post-2014 Rehabilitation-Plan Contribution Increases from Withdrawal Liability under 29 U.S.C. §1085(g)(3)

Date: Apr 25, 2025
Exclusion of Post-2014 Rehabilitation-Plan Contribution Increases from Withdrawal Liability under 29 U.S.C. §1085(g)(3) Introduction This commentary examines the Seventh Circuit’s decision in Event...
Exclusion of Post-2014 Contribution Rate Increases from Withdrawal Liability under 29 U.S.C. §1085(g)(3)

Exclusion of Post-2014 Contribution Rate Increases from Withdrawal Liability under 29 U.S.C. §1085(g)(3)

Date: Apr 25, 2025
Exclusion of Post-2014 Contribution Rate Increases from Withdrawal Liability under 29 U.S.C. §1085(g)(3) Introduction This commentary examines the decision in Pack Expo Services, LLC and Event Media...
Post-SB 1437 Aider-and-Abettor Liability: Direct Intent Requirement and Harmless Error in People v. Hin

Post-SB 1437 Aider-and-Abettor Liability: Direct Intent Requirement and Harmless Error in People v. Hin

Date: Apr 25, 2025
Post-SB 1437 Aider-and-Abettor Liability: Direct Intent Requirement and Harmless Error in People v. Hin Introduction People v. Hin (S141519, San Joaquin Co. Super. Ct. No. SF090168B) is the...
Invalidity of Damage Limitations for Willful Injury Under California Civil Code §1668

Invalidity of Damage Limitations for Willful Injury Under California Civil Code §1668

Date: Apr 25, 2025
Invalidity of Damage Limitations for Willful Injury Under California Civil Code §1668 Introduction The Supreme Court of California’s decision in New England Country Foods, LLC v. VanLaw Food...
Standby Counsel and Informed Waiver of Self-Representation: Dennis Hale v. State of Arkansas

Standby Counsel and Informed Waiver of Self-Representation: Dennis Hale v. State of Arkansas

Date: Apr 25, 2025
Standby Counsel and Informed Waiver of Self-Representation: Dennis Hale v. State of Arkansas Introduction The Supreme Court of Arkansas’s decision in Dennis Hale v. State of Arkansas, 2025 Ark. 45,...
Equitable Enforcement of Bankruptcy Fee-Disclosure Requirements and Core Jurisdiction Affirmed in In re Aquilino

Equitable Enforcement of Bankruptcy Fee-Disclosure Requirements and Core Jurisdiction Affirmed in In re Aquilino

Date: Apr 25, 2025
Equitable Enforcement of Bankruptcy Fee-Disclosure Requirements and Core Jurisdiction Affirmed in In re Aquilino Introduction In In re: Louie Joseph Aquilino and Robin Aquilino, Nos. 24-1781, 24-1782...
Linton v. Zorn: Pain-Compliance on Passive Resistors Exceeds Fourth Amendment Bounds

Linton v. Zorn: Pain-Compliance on Passive Resistors Exceeds Fourth Amendment Bounds

Date: Apr 25, 2025
Linton v. Zorn: Pain-Compliance on Passive Resistors Exceeds Fourth Amendment Bounds Introduction The Second Circuit’s April 24, 2025 decision in Linton v. Zorn arises out of a January 2015 sit-in...
Quantity Element as Essential in Attempted Delivery Charges under N.D.C.C. § 19-03.1-23: State v. Brown

Quantity Element as Essential in Attempted Delivery Charges under N.D.C.C. § 19-03.1-23: State v. Brown

Date: Apr 25, 2025
Quantity Element as Essential in Attempted Delivery Charges under N.D.C.C. § 19-03.1-23: State v. Brown Introduction State of North Dakota v. Taelor Brown (2025 ND 86) presents a critical...
Admissibility of 911 Call Recordings as Nontestimonial Present Sense Impressions under the Confrontation Clause: State v. Burton (2025)

Admissibility of 911 Call Recordings as Nontestimonial Present Sense Impressions under the Confrontation Clause: State v. Burton (2025)

Date: Apr 25, 2025
Admissibility of 911 Call Recordings as Nontestimonial Present Sense Impressions under the Confrontation Clause: State v. Burton (2025) 1. Introduction The Supreme Court of North Dakota’s decision in...
Extension of the Old Chief Principle to First-Degree Bail Jumping: Wynn v. Commonwealth

Extension of the Old Chief Principle to First-Degree Bail Jumping: Wynn v. Commonwealth

Date: Apr 25, 2025
Extension of the Old Chief Principle to First-Degree Bail Jumping: Wynn v. Commonwealth Introduction Elvis Wynn v. Commonwealth of Kentucky, 2025-SC-0573-MR (Ky. Apr. 24, 2025), addresses two pivotal...
“Expanding Corroboration” – Matter of Jahkell SS. (2025): Negative Inference and Minimal Corroboration Re-affirmed in Article 10 Neglect Proceedings

“Expanding Corroboration” – Matter of Jahkell SS. (2025): Negative Inference and Minimal Corroboration Re-affirmed in Article 10 Neglect Proceedings

Date: Apr 25, 2025
“Expanding Corroboration” – Matter of Jahkell SS. (Victoria SS.) (2025) Negative Inference and Minimal Corroboration Re-affirmed in Article 10 Neglect Proceedings Introduction Matter of Jahkell SS....
State v. Lee: Statutory Prohibition of Anticipatory Warrants Under ORS 133.545(6)

State v. Lee: Statutory Prohibition of Anticipatory Warrants Under ORS 133.545(6)

Date: Apr 25, 2025
State v. Lee: Statutory Prohibition of Anticipatory Warrants Under ORS 133.545(6) Introduction In State v. Lee, 373 Or 555 (2025), the Supreme Court of Oregon considered whether Oregon’s statutory...
Consent Discipline Guidelines for Judicial Officers with Multiple Ethics Violations: In Re David Curlin

Consent Discipline Guidelines for Judicial Officers with Multiple Ethics Violations: In Re David Curlin

Date: Apr 25, 2025
Consent Discipline Guidelines for Judicial Officers with Multiple Ethics Violations: In Re David Curlin Introduction In In Re: David Curlin, 2025-SC-0082-KB (Ky. 2025), the Supreme Court of Kentucky...
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