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tennessee-supreme-court-affirms-defendant& Case Commentaries

Tenth Circuit Holds EAJA Applies to Habeas Challenges to Immigration Detention: “Any Civil Action” Includes Immigration Habeas

Tenth Circuit Holds EAJA Applies to Habeas Challenges to Immigration Detention: “Any Civil Action” Includes Immigration Habeas

Date: Nov 5, 2025
Tenth Circuit Holds EAJA Applies to Habeas Challenges to Immigration Detention: “Any Civil Action” Includes Immigration Habeas Introduction This published decision from the U.S. Court of Appeals for...
Audience Matters: Tenth Circuit Confirms External Whistleblowing by Government Lawyers Is Not “Pursuant to” Official Duties Under Garcetti/Pickering

Audience Matters: Tenth Circuit Confirms External Whistleblowing by Government Lawyers Is Not “Pursuant to” Official Duties Under Garcetti/Pickering

Date: Nov 5, 2025
Audience Matters: Tenth Circuit Confirms External Whistleblowing by Government Lawyers Is Not “Pursuant to” Official Duties Under Garcetti/Pickering Introduction In Timmins v. Plotkin, No. 24-1160...
Robin v. State: Wyoming Affirms 911 Calls Made During an Ongoing Emergency Are Nontestimonial and Admissible as Excited Utterances

Robin v. State: Wyoming Affirms 911 Calls Made During an Ongoing Emergency Are Nontestimonial and Admissible as Excited Utterances

Date: Nov 5, 2025
Robin v. State: Wyoming Affirms 911 Calls Made During an Ongoing Emergency Are Nontestimonial and Admissible as Excited Utterances Introduction In Michael Isreal Robin, Sr. v. State of Wyoming, 2025...
Attempted Armed Robbery Needs No Express Demand; Deliberate-Intent Murder May Be Proven by Circumstantial Timeline and Post-Offense Conduct: Commentary on State v. Sanders (N.M. 2025)

Attempted Armed Robbery Needs No Express Demand; Deliberate-Intent Murder May Be Proven by Circumstantial Timeline and Post-Offense Conduct: Commentary on State v. Sanders (N.M. 2025)

Date: Nov 5, 2025
Attempted Armed Robbery Needs No Express Demand; Deliberate-Intent Murder May Be Proven by Circumstantial Timeline and Post-Offense Conduct: Commentary on State v. Sanders (N.M. 2025) Note on...
Post‑Enactment COLAs Are Not “Accrued Benefits” Under Article III, § 20(a): Camacho v. Settlement Fund (2025 MP 10)

Post‑Enactment COLAs Are Not “Accrued Benefits” Under Article III, § 20(a): Camacho v. Settlement Fund (2025 MP 10)

Date: Nov 4, 2025
Post‑Enactment COLAs Are Not “Accrued Benefits” Under Article III, § 20(a): Camacho v. Settlement Fund (2025 MP 10) Introduction In Camacho v. Settlement Fund, 2025 MP 10 (Nov. 3, 2025), the Supreme...
Illinois Supreme Court Requires Midtrial Directed‑Verdict Rulings Before the Defense Presents Evidence: People v. Johnson, 2025 IL 130447

Illinois Supreme Court Requires Midtrial Directed‑Verdict Rulings Before the Defense Presents Evidence: People v. Johnson, 2025 IL 130447

Date: Nov 4, 2025
Illinois Supreme Court Requires Midtrial Directed‑Verdict Rulings Before the Defense Presents Evidence: People v. Johnson, 2025 IL 130447 Introduction In People v. Johnson, 2025 IL 130447, the...
Fifth Circuit Limits NLRB Remedies to Equitable Relief Under NLRA §10(c), Rejecting Thryv’s “Foreseeable Harms” Damages

Fifth Circuit Limits NLRB Remedies to Equitable Relief Under NLRA §10(c), Rejecting Thryv’s “Foreseeable Harms” Damages

Date: Nov 4, 2025
Fifth Circuit Limits NLRB Remedies to Equitable Relief Under NLRA §10(c), Rejecting Thryv’s “Foreseeable Harms” Damages Introduction In Hiran Management v. NLRB, the U.S. Court of Appeals for the...
Animus Alone Is Not Enough: Third Circuit Reaffirms That Executive Land-Use Enforcement Must “Shock the Conscience” to Violate Substantive Due Process

Animus Alone Is Not Enough: Third Circuit Reaffirms That Executive Land-Use Enforcement Must “Shock the Conscience” to Violate Substantive Due Process

Date: Nov 3, 2025
Animus Alone Is Not Enough: Third Circuit Reaffirms That Executive Land-Use Enforcement Must “Shock the Conscience” to Violate Substantive Due Process Introduction In Codorun Farms Inc. v. West...
No Monell or Supervisory Liability Without a Predicate Constitutional Violation; Failure to Challenge an Independent Ground Forfeits the Appeal — Williams v. Luther (3d Cir. 2025)

No Monell or Supervisory Liability Without a Predicate Constitutional Violation; Failure to Challenge an Independent Ground Forfeits the Appeal — Williams v. Luther (3d Cir. 2025)

Date: Nov 3, 2025
No Monell or Supervisory Liability Without a Predicate Constitutional Violation; Failure to Challenge an Independent Ground Forfeits the Appeal — Williams v. Luther (3d Cir. 2025) Introduction This...
Prudential Ripeness for Permit-Cap Takings and Plat-Designated Greenbelts Outside Texas Strips-and-Gores: An In-Depth Commentary on Legacy Housing v. City of Horseshoe Bay (5th Cir. 2025)

Prudential Ripeness for Permit-Cap Takings and Plat-Designated Greenbelts Outside Texas Strips-and-Gores: An In-Depth Commentary on Legacy Housing v. City of Horseshoe Bay (5th Cir. 2025)

Date: Nov 3, 2025
Prudential Ripeness for Permit-Cap Takings and Plat-Designated Greenbelts Outside Texas Strips-and-Gores: Legacy Housing v. City of Horseshoe Bay Introduction In Legacy Housing Corporation v. City of...
No Standalone “Chilled-Speech” Claim: Fifth Circuit Reaffirms Adverse-Action Requirement for First Amendment Employment Retaliation and Recognizes Pre‑Enforcement Standing for Alleged Unwritten Campus Speech Codes

No Standalone “Chilled-Speech” Claim: Fifth Circuit Reaffirms Adverse-Action Requirement for First Amendment Employment Retaliation and Recognizes Pre‑Enforcement Standing for Alleged Unwritten Campus Speech Codes

Date: Nov 3, 2025
No Standalone “Chilled-Speech” Claim: Fifth Circuit Reaffirms Adverse-Action Requirement for First Amendment Employment Retaliation and Recognizes Pre‑Enforcement Standing for Alleged Unwritten...
No Civil Conspiracy Without an Independently Actionable Predicate; Interference with Parental Rights Requires Actual Removal from Custody

No Civil Conspiracy Without an Independently Actionable Predicate; Interference with Parental Rights Requires Actual Removal from Custody

Date: Nov 3, 2025
No Civil Conspiracy Without an Independently Actionable Predicate; Interference with Parental Rights Requires Actual Removal from Custody Case: Amy Kissinger-Stankevitz v. Town of Tappahannock, et...
Fourth Circuit Holds that a Principal Officer’s Ratification Cures Appointments Clause Defects in Rulemaking and Is Not Impermissibly Retroactive

Fourth Circuit Holds that a Principal Officer’s Ratification Cures Appointments Clause Defects in Rulemaking and Is Not Impermissibly Retroactive

Date: Nov 3, 2025
Fourth Circuit Holds that a Principal Officer’s Ratification Cures Appointments Clause Defects in Rulemaking and Is Not Impermissibly Retroactive Case: Eliza Wille v. Howard Lutnik (and related...
No More Boilerplate: Fourth Circuit Requires Meaningful Engagement with Country‑Conditions Evidence in Gender‑Based Asylum and CAT Claims

No More Boilerplate: Fourth Circuit Requires Meaningful Engagement with Country‑Conditions Evidence in Gender‑Based Asylum and CAT Claims

Date: Nov 3, 2025
No More Boilerplate: Fourth Circuit Requires Meaningful Engagement with Country‑Conditions Evidence in Gender‑Based Asylum and CAT Claims Introduction In Reyna Alfaro‑Zelaya v. Bondi, the Fourth...
United States v. Cuellar: Fourth Circuit Reaffirms Co‑Conspirator Drug Quantity Attribution and the Presumption of Reasonableness for Below‑Guidelines Sentences

United States v. Cuellar: Fourth Circuit Reaffirms Co‑Conspirator Drug Quantity Attribution and the Presumption of Reasonableness for Below‑Guidelines Sentences

Date: Nov 3, 2025
United States v. Cuellar: Fourth Circuit Reaffirms Co‑Conspirator Drug Quantity Attribution and the Presumption of Reasonableness for Below‑Guidelines Sentences Court: United States Court of Appeals...
Imputed Political Opinion Must Be Squarely Addressed; Unreasonable Arrest‑Warrant Corroboration Rejected in Asylum Cases — Commentary on Lin v. Bondi (2d Cir. 2025)

Imputed Political Opinion Must Be Squarely Addressed; Unreasonable Arrest‑Warrant Corroboration Rejected in Asylum Cases — Commentary on Lin v. Bondi (2d Cir. 2025)

Date: Nov 2, 2025
Imputed Political Opinion Must Be Squarely Addressed; Unreasonable Arrest‑Warrant Corroboration Rejected in Asylum Cases — Commentary on Lin v. Bondi (2d Cir. 2025) Case: Lin v. Bondi, No. 22-6532...
Gross Violation as a Prerequisite to Extended-Eligibility Compensatory Education: The Second Circuit’s Summary Order in Perez v. Banks

Gross Violation as a Prerequisite to Extended-Eligibility Compensatory Education: The Second Circuit’s Summary Order in Perez v. Banks

Date: Nov 2, 2025
Gross Violation as a Prerequisite to Extended-Eligibility Compensatory Education: The Second Circuit’s Summary Order in Perez v. Banks Introduction In a non-precedential Summary Order, the United...
Eleventh Circuit: Mental Illness Does Not Preclude an Upward Variance for Deterrence and Public Protection; Mere Reference to Pending State Charges Is Not Procedural Error When Disclaimed

Eleventh Circuit: Mental Illness Does Not Preclude an Upward Variance for Deterrence and Public Protection; Mere Reference to Pending State Charges Is Not Procedural Error When Disclaimed

Date: Nov 2, 2025
Eleventh Circuit: Mental Illness Does Not Preclude an Upward Variance for Deterrence and Public Protection; Mere Reference to Pending State Charges Is Not Procedural Error When Disclaimed Case:...
In the “Twilight” Between Passive and Active Resistance: Sixth Circuit Reaffirms Qualified Immunity for Taser Use During Vehicle Extraction Where Officer Suspects a Weapon

In the “Twilight” Between Passive and Active Resistance: Sixth Circuit Reaffirms Qualified Immunity for Taser Use During Vehicle Extraction Where Officer Suspects a Weapon

Date: Nov 2, 2025
In the “Twilight” Between Passive and Active Resistance: Sixth Circuit Reaffirms Qualified Immunity for Taser Use During Vehicle Extraction Where Officer Suspects a Weapon Introduction This Sixth...
“Some Harm,” Not “Unreasonable Interference”: Sixth Circuit Extends McNeal/Muldrow Hostile-Work-Environment Standard to ADA Claims and Clarifies Limits of Remote-Work Accommodations Where Onsite Essential Functions Exist

“Some Harm,” Not “Unreasonable Interference”: Sixth Circuit Extends McNeal/Muldrow Hostile-Work-Environment Standard to ADA Claims and Clarifies Limits of Remote-Work Accommodations Where Onsite Essential Functions Exist

Date: Nov 2, 2025
“Some Harm,” Not “Unreasonable Interference”: Sixth Circuit Extends McNeal/Muldrow Hostile-Work-Environment Standard to ADA Claims and Clarifies Limits of Remote-Work Accommodations Where Onsite...
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