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tenth-circuit-upholds-stringent-&amp Case Commentaries

“Primarily Omissions” Re-Defined: Sixth Circuit’s Two-Step Test for Affiliated Ute and Rigorous Comcast Damages Review in Diane Owens v. FirstEnergy

“Primarily Omissions” Re-Defined: Sixth Circuit’s Two-Step Test for Affiliated Ute and Rigorous Comcast Damages Review in Diane Owens v. FirstEnergy

Date: Aug 15, 2025
“Primarily Omissions” Re-Defined: Sixth Circuit’s Two-Step Test for Affiliated Ute and Rigorous Comcast Damages Review in Diane Owens v. FirstEnergy 1. Introduction The United States Court of Appeals...
Reaffirming Exhaustion via Ginther Motions: Sixth Circuit Clarifies § 2254 Procedure in Fischer v. Nagy

Reaffirming Exhaustion via Ginther Motions: Sixth Circuit Clarifies § 2254 Procedure in Fischer v. Nagy

Date: Aug 15, 2025
Reaffirming Exhaustion via Ginther Motions: Sixth Circuit Clarifies § 2254 Procedure in Fischer v. Nagy 1 Introduction The United States Court of Appeals for the Sixth Circuit has once again...
Heiney v. Moore: Sixth Circuit Declines to Extend the Adams “Entire-Transcript” Rule to Trial Exhibits in § 2254 Habeas Review

Heiney v. Moore: Sixth Circuit Declines to Extend the Adams “Entire-Transcript” Rule to Trial Exhibits in § 2254 Habeas Review

Date: Aug 15, 2025
Heiney v. Moore: Sixth Circuit Declines to Extend the Adams “Entire-Transcript” Rule to Trial Exhibits in § 2254 Habeas Review Introduction Jake Paul Heiney, an orthopedic surgeon convicted in Ohio...
Beyond CPNI: Sixth Circuit Confirms FCC’s § 201(b) Power to Regulate PII Breach Reporting and Narrows the CRA “Substantially-the-Same” Bar

Beyond CPNI: Sixth Circuit Confirms FCC’s § 201(b) Power to Regulate PII Breach Reporting and Narrows the CRA “Substantially-the-Same” Bar

Date: Aug 15, 2025
Beyond CPNI: Sixth Circuit Confirms FCC’s § 201(b) Power to Regulate PII Breach Reporting and Narrows the CRA “Substantially-the-Same” Bar Introduction In Ohio Telecom Association v. FCC, Nos....
Re-affirming Nexus and Particular-Social-Group Precision: The Significance of Aguilar-Mejia v. Bondi (6th Cir. 2025)

Re-affirming Nexus and Particular-Social-Group Precision: The Significance of Aguilar-Mejia v. Bondi (6th Cir. 2025)

Date: Aug 15, 2025
Re-affirming Nexus and Particular-Social-Group Precision: Aguilar-Mejia v. Bondi and the Sixth Circuit’s 2025 Guidance on Gang-Related Asylum Claims 1. Introduction Case: Pedro Aguilar-Mejia v....
Broad Authority Confirmed: Sixth Circuit Affirms FCC Power under § 201(b) to Mandate Data-Breach Reporting of PII

Broad Authority Confirmed: Sixth Circuit Affirms FCC Power under § 201(b) to Mandate Data-Breach Reporting of PII

Date: Aug 15, 2025
Broad Authority Confirmed: Sixth Circuit Affirms FCC Power under § 201(b) to Mandate Data-Breach Reporting of PII Introduction Texas Association of Business v. FCC consolidates three petitions for...
Sixth Circuit Clarifies that Umbrella Policies Do Not “Drop-Down” to Provide Underinsured-Motorist Coverage Absent Clear Incorporation Language

Sixth Circuit Clarifies that Umbrella Policies Do Not “Drop-Down” to Provide Underinsured-Motorist Coverage Absent Clear Incorporation Language

Date: Aug 15, 2025
Sixth Circuit Clarifies that Umbrella Policies Do Not “Drop-Down” to Provide Underinsured-Motorist Coverage Absent Clear Incorporation Language Introduction Thomas Rable, as administrator of the...
“The Mercer-Kinser Rule” –  Sixth Circuit Endorses Use of Bookmarks and Sexualized Texts to Prove Knowledge and Intent in Digital-Age Child-Pornography Prosecutions

“The Mercer-Kinser Rule” – Sixth Circuit Endorses Use of Bookmarks and Sexualized Texts to Prove Knowledge and Intent in Digital-Age Child-Pornography Prosecutions

Date: Aug 15, 2025
“The Mercer-Kinser Rule” – Sixth Circuit Endorses Use of Bookmarks and Sexualized Texts to Prove Knowledge and Intent in Digital-Age Child-Pornography Prosecutions 1. Introduction United States v....
United States v. Martinez: The Tenth Circuit’s Firm Line on Suppression-Motion Waiver and the Ongoing Constitutionality of 18 U.S.C. § 922(g)(1) After Rahimi

United States v. Martinez: The Tenth Circuit’s Firm Line on Suppression-Motion Waiver and the Ongoing Constitutionality of 18 U.S.C. § 922(g)(1) After Rahimi

Date: Aug 15, 2025
United States v. Martinez: The Tenth Circuit’s Firm Line on Suppression-Motion Waiver and the Ongoing Constitutionality of 18 U.S.C. § 922(g)(1) After Rahimi Introduction United States v. Martinez,...
Safeguarding the Residential Status Quo:  Byron v. Rainbow Estates HOA and the Stringent Application of Montana’s Preliminary-Injunction Test in Covenant–Enforcement Disputes

Safeguarding the Residential Status Quo: Byron v. Rainbow Estates HOA and the Stringent Application of Montana’s Preliminary-Injunction Test in Covenant–Enforcement Disputes

Date: Aug 15, 2025
Safeguarding the Residential Status Quo: Byron v. Rainbow Estates HOA and the Stringent Application of Montana’s Preliminary-Injunction Test in Covenant–Enforcement Disputes 1. Introduction Byron v....
Montana Supreme Court Clarifies Curative Effect of Post-Hearing Findings on Premature Ex Parte Third-Party Parenting Orders – Commentary on In re Parenting of D.C.S., 2025 MT 179

Montana Supreme Court Clarifies Curative Effect of Post-Hearing Findings on Premature Ex Parte Third-Party Parenting Orders – Commentary on In re Parenting of D.C.S., 2025 MT 179

Date: Aug 15, 2025
Montana Supreme Court Clarifies Curative Effect of Post-Hearing Findings on Premature Ex Parte Third-Party Parenting Orders A Commentary on In re Parenting of D.C.S., 2025 MT 179 (DA 24-0547) 1....
Jackson v. Jackson: Montana High Court Confirms Right to Discovery & Hearing Once “Changed Circumstances” Are Plausibly Alleged in Child-Support Modifications

Jackson v. Jackson: Montana High Court Confirms Right to Discovery & Hearing Once “Changed Circumstances” Are Plausibly Alleged in Child-Support Modifications

Date: Aug 15, 2025
Jackson v. Jackson: Montana High Court Confirms Right to Discovery & Hearing Once “Changed Circumstances” Are Plausibly Alleged in Child-Support Modifications 1. Introduction The Montana Supreme...
“Public-Interest Override” After the 2017 Amendments –  Matter of B.J.B. and the Court’s Discretion to Impose Lifetime Sex-Offender Registration on Juveniles

“Public-Interest Override” After the 2017 Amendments – Matter of B.J.B. and the Court’s Discretion to Impose Lifetime Sex-Offender Registration on Juveniles

Date: Aug 15, 2025
“Public-Interest Override” After the 2017 Amendments – Supreme Court of Montana Clarifies Judicial Discretion to Require Lifetime Sex-Offender Registration for Juveniles 1. Introduction The Supreme...
Matter of S.W. & D.W.: Clarifying Montana’s “No-Reunification Efforts” Exception Where Prior Terminations and Chronic, Severe Neglect Co-Exist

Matter of S.W. & D.W.: Clarifying Montana’s “No-Reunification Efforts” Exception Where Prior Terminations and Chronic, Severe Neglect Co-Exist

Date: Aug 15, 2025
Matter of S.W. & D.W. (2025 MT 178): Clarifying Montana’s “No-Reunification Efforts” Exception Where Prior Terminations and Chronic, Severe Neglect Co-Exist 1. Introduction The Supreme Court of...
2025 MT 178 – When “No Reasonable Efforts” Meets Prior Terminations: The Supreme Court of Montana Sharpens the Boundaries of § 41-3-423, MCA

2025 MT 178 – When “No Reasonable Efforts” Meets Prior Terminations: The Supreme Court of Montana Sharpens the Boundaries of § 41-3-423, MCA

Date: Aug 15, 2025
2025 MT 178 – When “No Reasonable Efforts” Meets Prior Terminations: Clarifying the Department’s Obligation and Defining “Chronic, Severe Neglect” Introduction In Matter of S.W. & D.W., 2025 MT 178,...
State v. Songer (2025 MT 176): Re-affirming the Unavailability Requirement for Remote Testimony and the Necessity of Re-Sentencing When Dependent Convictions Are Vacated

State v. Songer (2025 MT 176): Re-affirming the Unavailability Requirement for Remote Testimony and the Necessity of Re-Sentencing When Dependent Convictions Are Vacated

Date: Aug 15, 2025
State v. Songer (2025 MT 176): Re-affirming the Unavailability Requirement for Remote Testimony and the Necessity of Re-Sentencing When Dependent Convictions Are Vacated Introduction In State v. J....
The “Songer Standard” – Mandatory Proof of Witness Unavailability Before Playing Preserved Testimony

The “Songer Standard” – Mandatory Proof of Witness Unavailability Before Playing Preserved Testimony

Date: Aug 15, 2025
The “Songer Standard” – Mandatory Proof of Witness Unavailability Before Playing Preserved Testimony Introduction State v. J. Songer, 2025 MT 176, is a multi-issue decision from the Montana Supreme...
State v. Songer: Montana Supreme Court Demands Strict Proof of Witness “Unavailability” Before Video Testimony Is Admitted

State v. Songer: Montana Supreme Court Demands Strict Proof of Witness “Unavailability” Before Video Testimony Is Admitted

Date: Aug 15, 2025
State v. Songer: Montana Supreme Court Demands Strict Proof of Witness “Unavailability” Before Video Testimony Is Admitted Introduction In State v. Jory Jerae Songer, 2025 MT 176, the Supreme Court...
Assignment-as-Cancellation Doctrine: Montana Supreme Court Redefines Policy Transfers in Victory Insurance v. State (2025 MT 180)

Assignment-as-Cancellation Doctrine: Montana Supreme Court Redefines Policy Transfers in Victory Insurance v. State (2025 MT 180)

Date: Aug 15, 2025
Assignment-as-Cancellation Doctrine: Montana Supreme Court Redefines Policy Transfers in Victory Insurance v. State (2025 MT 180) 1. Introduction Victory Insurance Company (“Victory”), a Montana...
Extending the Dormant Commerce Clause to Federally-Prohibited Markets:  A Commentary on Variscite NY Four, LLC v. New York State Cannabis Control Board

Extending the Dormant Commerce Clause to Federally-Prohibited Markets: A Commentary on Variscite NY Four, LLC v. New York State Cannabis Control Board

Date: Aug 15, 2025
Extending the Dormant Commerce Clause to Federally-Prohibited Markets: A Commentary on Variscite NY Four, LLC v. New York State Cannabis Control Board (2d Cir. 2025) 1. Introduction Variscite NY...
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