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tenth-circuit-upholds-stringent-& Case Commentaries

State v. Sweet – Waiver of Non-Jurisdictional Indictment Defects After a Guilty Plea

State v. Sweet – Waiver of Non-Jurisdictional Indictment Defects After a Guilty Plea

Date: Aug 25, 2025
State v. Sweet – Waiver of Non-Jurisdictional Indictment Defects After a Guilty Plea Introduction In State v. Tony T. Sweet, Opinion No. 28297 (Aug. 20, 2025), the South Carolina Supreme Court...
“Mission-Based Use” as a Religious Purpose: Idaho Supreme Court Broadens the Scope of the § 63-602B Property-Tax Exemption

“Mission-Based Use” as a Religious Purpose: Idaho Supreme Court Broadens the Scope of the § 63-602B Property-Tax Exemption

Date: Aug 25, 2025
“Mission-Based Use” as a Religious Purpose: Idaho Supreme Court Broadens the Scope of the § 63-602B Property-Tax Exemption Introduction First Presbyterian Church of Boise, Idaho, Inc. (FPC) sought a...
Westman v. ISIF: The “Sole-Cause” Clarification of Idaho Code § 72-332 Liability

Westman v. ISIF: The “Sole-Cause” Clarification of Idaho Code § 72-332 Liability

Date: Aug 25, 2025
Westman v. Industrial Special Indemnity Fund: The Supreme Court of Idaho Clarifies the “Sole-Cause” Exception to Fund Liability under Idaho Code § 72-332 Introduction In Westman v. Industrial Special...
State v. Frias: Clarifying Proximate Causation and the “Criminal-Negligence” Threshold under Idaho Code § 18-7004

State v. Frias: Clarifying Proximate Causation and the “Criminal-Negligence” Threshold under Idaho Code § 18-7004

Date: Aug 25, 2025
State v. Frias: Clarifying Proximate Causation and the “Criminal-Negligence” Threshold under Idaho Code § 18-7004 Introduction In State v. Frias, Docket No. 50950-2023 (Idaho Aug. 20, 2025), the...
Clarifying “Favorable Termination” After a Guilty Plea: The Second Circuit’s Charge-by-Charge Rule in Carruthers v. Colton

Clarifying “Favorable Termination” After a Guilty Plea: The Second Circuit’s Charge-by-Charge Rule in Carruthers v. Colton

Date: Aug 25, 2025
Clarifying “Favorable Termination” After a Guilty Plea: The Second Circuit’s Charge-by-Charge Rule in Carruthers v. Colton Introduction On 20 August 2025 the United States Court of Appeals for the...
“Direct and Material Contribution” Defeats CDA § 230 Immunity for Emissions-Control “Defeat Devices” – A Commentary on United States v. EZ Lynk (2d Cir. 2025)

“Direct and Material Contribution” Defeats CDA § 230 Immunity for Emissions-Control “Defeat Devices” – A Commentary on United States v. EZ Lynk (2d Cir. 2025)

Date: Aug 25, 2025
“Direct and Material Contribution” Defeats CDA § 230 Immunity for Emissions-Control “Defeat Devices” A Comprehensive Commentary on United States v. EZ Lynk, 24-2386 (2d Cir. Aug. 20 2025) 1....
“Fields v. BOP”: The Third Circuit’s Definitive Rejection of New Bivens Remedies for Federal-Prisoner Claims

“Fields v. BOP”: The Third Circuit’s Definitive Rejection of New Bivens Remedies for Federal-Prisoner Claims

Date: Aug 25, 2025
“Fields v. BOP”: The Third Circuit’s Definitive Rejection of New Bivens Remedies for Federal-Prisoner Claims Introduction Andrew Fields, a federal inmate, sued multiple prison officials under Bivens...
Contextual Materiality & Discovery Rights in Securities Fraud: The Third Circuit Rejects the “Total-Eclipse” Standard in Boilermaker Blacksmith National Pension Trust v. Maiden Holdings Ltd.

Contextual Materiality & Discovery Rights in Securities Fraud: The Third Circuit Rejects the “Total-Eclipse” Standard in Boilermaker Blacksmith National Pension Trust v. Maiden Holdings Ltd.

Date: Aug 25, 2025
Contextual Materiality & Discovery Rights in Securities Fraud: The Third Circuit Rejects the “Total-Eclipse” Standard in Boilermaker Blacksmith National Pension Trust v. Maiden Holdings Ltd....
United States v. Rose: Refining “Good-Cause” and Reliability Standards for Hearsay in Supervised-Release Revocations

United States v. Rose: Refining “Good-Cause” and Reliability Standards for Hearsay in Supervised-Release Revocations

Date: Aug 25, 2025
United States v. Rose: Refining “Good-Cause” and Reliability Standards for Hearsay in Supervised-Release Revocations 1. Introduction United States v. Carl Rose, No. 24-2274 (3d Cir. Aug. 20 2025),...
Parole Rescission Challenges Must Proceed Under § 2254: Fifth Circuit Extends AEDPA’s One-Year Limitation and Exhaustion Requirements to State Prisoners Questioning Parole Board Action

Parole Rescission Challenges Must Proceed Under § 2254: Fifth Circuit Extends AEDPA’s One-Year Limitation and Exhaustion Requirements to State Prisoners Questioning Parole Board Action

Date: Aug 25, 2025
Parole Rescission Challenges Must Proceed Under § 2254: Fifth Circuit Extends AEDPA’s One-Year Limitation and Exhaustion Requirements to State Prisoners Questioning Parole Board Action Introduction...
No Resignation by Conduct: Sixth Circuit Clarifies That Share Transfers Alone Do Not Remove Directors or Officers under Kentucky Law – Commentary on C-Ville Fabricating, Inc. v. Tarter

No Resignation by Conduct: Sixth Circuit Clarifies That Share Transfers Alone Do Not Remove Directors or Officers under Kentucky Law – Commentary on C-Ville Fabricating, Inc. v. Tarter

Date: Aug 25, 2025
No Resignation by Conduct: Sixth Circuit Clarifies That Share Transfers Alone Do Not Remove Directors or Officers under Kentucky Law Commentary on C-Ville Fabricating, Inc. v. Joshua Tarter, 25 F.4th...
“From Vitamins to Drugs” – Sixth Circuit Clarifies Unauthorized-Medication Exclusion in Equine Mortality Policies

“From Vitamins to Drugs” – Sixth Circuit Clarifies Unauthorized-Medication Exclusion in Equine Mortality Policies

Date: Aug 25, 2025
“From Vitamins to Drugs” – Sixth Circuit Clarifies Unauthorized-Medication Exclusion in Equine Mortality Policies 1. Introduction Cypress Creek Equine, LLC v. North American Specialty Insurance Co.,...
“Sand Tires ≠ Street Tires” – Sixth Circuit Clarifies that Off-Road ATVs Are Not “Motor Vehicles” for Auto-Policy or Michigan No-Fault Coverage

“Sand Tires ≠ Street Tires” – Sixth Circuit Clarifies that Off-Road ATVs Are Not “Motor Vehicles” for Auto-Policy or Michigan No-Fault Coverage

Date: Aug 25, 2025
“Sand Tires ≠ Street Tires” – Sixth Circuit Clarifies that Off-Road ATVs Are Not “Motor Vehicles” for Auto-Policy or Michigan No-Fault Coverage Introduction Laurie Leitch’s summer ride on a Polaris...
No Bivens Remedy Against ICE Agents for Immigration-Related Fourth or Fifth Amendment Violations: A Commentary on Enriquez-Perdomo v. Newman

No Bivens Remedy Against ICE Agents for Immigration-Related Fourth or Fifth Amendment Violations: A Commentary on Enriquez-Perdomo v. Newman

Date: Aug 25, 2025
No Bivens Remedy Against ICE Agents for Immigration-Related Fourth or Fifth Amendment Violations: A Commentary on Riccy Mabel Enriquez-Perdomo v. Ricardo A. Newman, 6th Cir. (2025) 1. Introduction In...
“Not Every Toker Is a Trigger-Puller”: The Eleventh Circuit Declares that State-Compliant Medical-Marijuana Users Are Not Automatically Disarmed under 18 U.S.C. § 922(g)(3)

“Not Every Toker Is a Trigger-Puller”: The Eleventh Circuit Declares that State-Compliant Medical-Marijuana Users Are Not Automatically Disarmed under 18 U.S.C. § 922(g)(3)

Date: Aug 25, 2025
“Not Every Toker Is a Trigger-Puller”: The Eleventh Circuit Declares that State-Compliant Medical-Marijuana Users Are Not Automatically Disarmed under 18 U.S.C. § 922(g)(3) 1. Introduction Florida...
Eleventh Circuit Re-Affirms the “Schuurman Rule”: 30-Day Appeal Clock Begins on the Amendment Deadline, Not on Later Clerk-Entered Judgment

Eleventh Circuit Re-Affirms the “Schuurman Rule”: 30-Day Appeal Clock Begins on the Amendment Deadline, Not on Later Clerk-Entered Judgment

Date: Aug 25, 2025
Eleventh Circuit Re-Affirms the “Schuurman Rule”: 30-Day Appeal Clock Begins on the Amendment Deadline, Not on Later Clerk-Entered Judgment Introduction Richard Burt, a tenured English professor at...
Seventh Circuit Re-Affirms “Spoofing = Fraud” — United States v. Gregg Smith et al. (2025)

Seventh Circuit Re-Affirms “Spoofing = Fraud” — United States v. Gregg Smith et al. (2025)

Date: Aug 25, 2025
Seventh Circuit Re-Affirms “Spoofing = Fraud” United States v. Gregg Smith, Michael Nowak & Christopher Jordan (2025) 1. Introduction In United States v. Gregg Smith, Nos. 23-2840, 23-2846 & 23-2849,...
“Spoofing” as a Stand-Alone Scheme to Defraud: A Commentary on United States v. Gregg Smith et al., 7th Cir. 2025

“Spoofing” as a Stand-Alone Scheme to Defraud: A Commentary on United States v. Gregg Smith et al., 7th Cir. 2025

Date: Aug 25, 2025
“Spoofing” as a Stand-Alone Scheme to Defraud: United States v. Gregg Smith, Michael Nowak & Christopher Jordan, Seventh Circuit 2025 Introduction United States v. Gregg Smith consolidates three...
“Spoofing Equals Fraud” – The Seventh Circuit’s Definitive Pronouncement in United States v. Smith (2025)

“Spoofing Equals Fraud” – The Seventh Circuit’s Definitive Pronouncement in United States v. Smith (2025)

Date: Aug 25, 2025
“Spoofing Equals Fraud” – The Seventh Circuit’s Definitive Pronouncement in United States v. Gregg Smith (2025) Introduction In United States v. Gregg Smith, Michael Nowak & Christopher Jordan, Nos....
Fourth Circuit Holds that the First-Amendment “Unfettered-Discretion” Doctrine Does Not Constrain a Governor’s Clemency Power to Restore Voting Rights – A Commentary on George Hawkins v. Glenn Youngkin (2025)

Fourth Circuit Holds that the First-Amendment “Unfettered-Discretion” Doctrine Does Not Constrain a Governor’s Clemency Power to Restore Voting Rights – A Commentary on George Hawkins v. Glenn Youngkin (2025)

Date: Aug 25, 2025
First Amendment Licensing Rules Stop at the Executive Door: A Comprehensive Commentary on George Hawkins v. Glenn Youngkin, 92 F.4th ___ (4th Cir. 2025) 1. Introduction In George Hawkins v. Glenn...
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