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tenth-circuit-upholds-stringent-& Case Commentaries


First Circuit Tightens Evidentiary Bar for Economic-Loss and Consequential-Damages Awards, and Re-affirms the Narrow “Obstinacy” Standard for Fees: Commentary on Coco Rico, LLC v. Universal Insurance Co.

First Circuit Tightens Evidentiary Bar for Economic-Loss and Consequential-Damages Awards, and Re-affirms the Narrow “Obstinacy” Standard for Fees: Commentary on Coco Rico, LLC v. Universal Insurance Co.

Date: Jun 23, 2025
First Circuit Tightens Evidentiary Bar for Economic-Loss and Consequential-Damages Awards, and Re-affirms the Narrow “Obstinacy” Standard for Fees Introduction In Coco Rico, LLC v. Universal...

    Coco Rico, LLC v. Universal Insurance Co.: The First Circuit Tightens Evidentiary Standards
    for Consequential Damages and Caps Jury BI & EE Awards to the Proven Loss

Coco Rico, LLC v. Universal Insurance Co.: The First Circuit Tightens Evidentiary Standards for Consequential Damages and Caps Jury BI & EE Awards to the Proven Loss

Date: Jun 23, 2025
Coco Rico, LLC v. Universal Insurance Company (1st Cir. 2025): A Landmark on Evidentiary Rigor for Consequential Damages, Business-Interruption Caps, and “Obstinacy”–Based Fee Awards 1. Introduction...
“Commonsense Redressability” — Diamond Alternative Energy v. EPA and the Expansion of Article III Standing

“Commonsense Redressability” — Diamond Alternative Energy v. EPA and the Expansion of Article III Standing

Date: Jun 23, 2025
“Commonsense Redressability” — Diamond Alternative Energy, LLC v. EPA and the Expansion of Article III Standing 1. Introduction Diamond Alternative Energy, LLC v. Environmental Protection Agency, 606...

        “No Retribution on Revocation” –  The Supervised-Release Principle in Esteras v. United States (2025)

“No Retribution on Revocation” – The Supervised-Release Principle in Esteras v. United States (2025)

Date: Jun 23, 2025
“No Retribution on Revocation” – The New Supervised-Release Principle in Esteras v. United States (606 U.S.___ 2025) I. Introduction On 20 June 2025, the U.S. Supreme Court, in Esteras v. United...
“Any Person Adversely Affected” Means What It Says:  FDA v. R. J. Reynolds Vapor Co. and the Expansion of Statutory Standing Under the Tobacco Control Act

“Any Person Adversely Affected” Means What It Says: FDA v. R. J. Reynolds Vapor Co. and the Expansion of Statutory Standing Under the Tobacco Control Act

Date: Jun 23, 2025
“Any Person Adversely Affected” Means What It Says: FDA v. R. J. Reynolds Vapor Co. (2025) and the Expansion of Statutory Standing Under the Tobacco Control Act 1. Introduction The United States...
Beyond “Minimum Contacts” – The U.S. Supreme Court Widens the Fifth-Amendment Horizon for Federal Personal-Jurisdiction in Anti-Terrorism Litigation

Beyond “Minimum Contacts” – The U.S. Supreme Court Widens the Fifth-Amendment Horizon for Federal Personal-Jurisdiction in Anti-Terrorism Litigation

Date: Jun 23, 2025
Beyond “Minimum Contacts” – The Fifth Amendment, Foreign Affairs, and the New Constitutional Standard for Federal Personal-Jurisdiction 1. Introduction In Fuld v. Palestine Liberation Organization,...
“Exclusive” No More?  McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. and the Re-Opening of District-Court Review under the Hobbs Act

“Exclusive” No More? McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. and the Re-Opening of District-Court Review under the Hobbs Act

Date: Jun 23, 2025
“Exclusive” No More? McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. and the Re-Opening of District-Court Review under the Hobbs Act 1. Introduction On 20 June 2025, the U.S. Supreme Court...
Stanley v. City of Sanford — Cementing a Temporal Limit on “Qualified Individual” Status under ADA Title I

Stanley v. City of Sanford — Cementing a Temporal Limit on “Qualified Individual” Status under ADA Title I

Date: Jun 23, 2025
Stanley v. City of Sanford (2025): The Supreme Court Imposes a Temporal Boundary on Who Qualifies as a “Qualified Individual” under ADA Title I 1. Introduction Stanley v. City of Sanford, 606 U.S....
Kilburn v. VCAM: Emotional-Distress Damages Now Recoverable for Negligent-Supervision Claims Without Proof of Physical Injury When the Underlying Wrong is an Intentional Tort

Kilburn v. VCAM: Emotional-Distress Damages Now Recoverable for Negligent-Supervision Claims Without Proof of Physical Injury When the Underlying Wrong is an Intentional Tort

Date: Jun 23, 2025
Kilburn v. VCAM Commentary: A New Path for Emotional-Distress Recovery in Negligent-Supervision Actions Introduction Ciara Kilburn & Brona Kilburn v. Bill Simmon & Vermont Community Access Media,...
Shaffer v. Northeast Kingdom Human Services: Vermont Supreme Court Clarifies Scope of Comparative-Negligence Defenses Against Non-Parties

Shaffer v. Northeast Kingdom Human Services: Vermont Supreme Court Clarifies Scope of Comparative-Negligence Defenses Against Non-Parties

Date: Jun 23, 2025
Shaffer v. Northeast Kingdom Human Services, Inc.: 2025 VT 31 – A New Limit on “Empty-Chair” Comparative Negligence in Vermont Introduction In Shaffer v. Northeast Kingdom Human Services, Inc., the...
“Control” Equals “Legal Right to Obtain”: Nebraska Supreme Court Tightens Discovery Obligations for LLC Members in Bajjuri v. Karney

“Control” Equals “Legal Right to Obtain”: Nebraska Supreme Court Tightens Discovery Obligations for LLC Members in Bajjuri v. Karney

Date: Jun 23, 2025
“Control” Equals “Legal Right to Obtain” Nebraska Supreme Court Tightens Discovery Obligations for LLC Members in Bajjuri v. Karney Introduction On 20 June 2025 the Nebraska Supreme Court, in Bajjuri...
“Sounds, Silence and Remorse” – State v. Vazquez and the Admissibility of Post-Incident Behaviour & Police-Interview Context Under Nebraska Evidence Law

“Sounds, Silence and Remorse” – State v. Vazquez and the Admissibility of Post-Incident Behaviour & Police-Interview Context Under Nebraska Evidence Law

Date: Jun 23, 2025
“Sounds, Silence and Remorse” – State v. Vazquez and the Admissibility of Post-Incident Behaviour & Police-Interview Context Under Nebraska Evidence Law 1. Introduction In State v. Vazquez, 319 Neb....
“Request, Not Order” – Kentucky Supreme Court Clarifies the Limits of Police Pocket-Emptying Requests in Consensual Encounters

“Request, Not Order” – Kentucky Supreme Court Clarifies the Limits of Police Pocket-Emptying Requests in Consensual Encounters

Date: Jun 23, 2025
“Request, Not Order” – Kentucky Supreme Court Clarifies the Limits of Police Pocket-Emptying Requests in Consensual Encounters 1. Introduction In Bobby Ray Osborne v. Commonwealth of Kentucky,...
“One Missed Appearance, Many Offenses” – Kentucky Supreme Court Clarifies the Unit-of-Prosecution for First-Degree Bail Jumping

“One Missed Appearance, Many Offenses” – Kentucky Supreme Court Clarifies the Unit-of-Prosecution for First-Degree Bail Jumping

Date: Jun 23, 2025
“One Missed Appearance, Many Offenses” – Kentucky Supreme Court Clarifies the Unit-of-Prosecution for First-Degree Bail Jumping Introduction In Brandon Blair v. Commonwealth of Kentucky, the Supreme...
The “Carson Waiver” Clarified: When a Clear “No-Objection” Extinguishes Appellate Review in Kentucky

The “Carson Waiver” Clarified: When a Clear “No-Objection” Extinguishes Appellate Review in Kentucky

Date: Jun 23, 2025
The “Carson Waiver” Clarified: When a Clear “No-Objection” Extinguishes Appellate Review in Kentucky Introduction In Cassandra Carson v. Commonwealth of Kentucky (Ky. Sup. Ct. No. 2023-SC-0320-MR, 20...
Hall v. Commonwealth: Clarifying Invited-Error Waiver and Contextual 404(b) Evidence in Forcible-Compulsion Sodomy Cases

Hall v. Commonwealth: Clarifying Invited-Error Waiver and Contextual 404(b) Evidence in Forcible-Compulsion Sodomy Cases

Date: Jun 23, 2025
Hall v. Commonwealth: Clarifying Invited-Error Waiver and Contextual 404(b) Evidence in Forcible-Compulsion Sodomy Cases Introduction The Supreme Court of Kentucky’s unpublished memorandum opinion in...
Reaffirming the Admissibility of Prior Similar Sexual Acts Under KRE 404(b) and the Directed-Verdict Threshold in “Continuing Course of Conduct” Offenses – Commentary on Owens v. Commonwealth (Ky. 2025)

Reaffirming the Admissibility of Prior Similar Sexual Acts Under KRE 404(b) and the Directed-Verdict Threshold in “Continuing Course of Conduct” Offenses – Commentary on Owens v. Commonwealth (Ky. 2025)

Date: Jun 23, 2025
Reaffirming the Admissibility of Prior Similar Sexual Acts Under KRE 404(b) and the Directed-Verdict Threshold in “Continuing Course of Conduct” Offenses Commentary on Darrin Owens v. Commonwealth of...
Commonwealth v. Young: DUI as a Lesser-Included Offense of Wanton Murder – A New Double-Jeopardy Safeguard in Kentucky

Commonwealth v. Young: DUI as a Lesser-Included Offense of Wanton Murder – A New Double-Jeopardy Safeguard in Kentucky

Date: Jun 23, 2025
Commonwealth v. Young: DUI as a Lesser-Included Offense of Wanton Murder – A New Double-Jeopardy Safeguard in Kentucky Introduction On 20 June 2025, the Supreme Court of Kentucky decided David Young...
“Remote Testimony as a Last Resort” – The New Confrontation-Clause Standard after Earl K. Johnson v. Commonwealth of Kentucky

“Remote Testimony as a Last Resort” – The New Confrontation-Clause Standard after Earl K. Johnson v. Commonwealth of Kentucky

Date: Jun 23, 2025
“Remote Testimony as a Last Resort” – The New Confrontation-Clause Standard after Earl K. Johnson v. Commonwealth of Kentucky Introduction On 20 June 2025 the Supreme Court of Kentucky rendered a...
Prior Cross-Examination at an Aborted Trial Satisfies the Confrontation Clause on Retrial: Commentary on Elsie Franklin v. Commonwealth of Kentucky (2025)

Prior Cross-Examination at an Aborted Trial Satisfies the Confrontation Clause on Retrial: Commentary on Elsie Franklin v. Commonwealth of Kentucky (2025)

Date: Jun 23, 2025
Prior Cross-Examination at an Aborted Trial Satisfies the Confrontation Clause on Retrial Comprehensive Commentary on Elsie Franklin v. Commonwealth of Kentucky, Supreme Court of Kentucky, 20 June...
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