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trial-court& Case Commentaries

Juror Exposure to Media Reports of the Trial Judge’s Perjury Arrest of a Key Witness Constitutes Structural Error Requiring Reversal

Juror Exposure to Media Reports of the Trial Judge’s Perjury Arrest of a Key Witness Constitutes Structural Error Requiring Reversal

Date: Oct 28, 2025
Juror Exposure to Media Reports of the Trial Judge’s Perjury Arrest of a Key Witness Constitutes Structural Error Requiring Reversal Introduction In Kevon Lawless v. Commonwealth of Kentucky, the...
Admonitions Cure and Mistrial as an Extreme Remedy: Kentucky Supreme Court Reaffirms High Bar and Wide Latitude in Closing Argument in Stone v. Commonwealth (Unpublished)

Admonitions Cure and Mistrial as an Extreme Remedy: Kentucky Supreme Court Reaffirms High Bar and Wide Latitude in Closing Argument in Stone v. Commonwealth (Unpublished)

Date: Oct 28, 2025
Admonitions Cure and Mistrial as an Extreme Remedy: Kentucky Supreme Court Reaffirms High Bar and Wide Latitude in Closing Argument in Stone v. Commonwealth (Unpublished) Case: Lee Stone v....
KRE 412 hearings must include all co‑defendants; interpreter’s translations of text messages do not trigger Confrontation: Commentary on Tzunux‑Zacarias v. Commonwealth (Ky. 2025)

KRE 412 hearings must include all co‑defendants; interpreter’s translations of text messages do not trigger Confrontation: Commentary on Tzunux‑Zacarias v. Commonwealth (Ky. 2025)

Date: Oct 28, 2025
KRE 412 hearings must include all co‑defendants; interpreter’s translations of text messages do not trigger Confrontation: Commentary on Tzunux‑Zacarias v. Commonwealth (Ky. 2025) Note on citation...
“Commercial Sexual Activity” Without Monetary Exchange: Kentucky Supreme Court (Unpublished) Affirms Human Trafficking Conviction Based on Obscene Material and Sexually Explicit Performances

“Commercial Sexual Activity” Without Monetary Exchange: Kentucky Supreme Court (Unpublished) Affirms Human Trafficking Conviction Based on Obscene Material and Sexually Explicit Performances

Date: Oct 28, 2025
“Commercial Sexual Activity” Without Monetary Exchange: Kentucky Supreme Court (Unpublished) Affirms Human Trafficking Conviction Based on Obscene Material and Sexually Explicit Performances Case:...
Separate Misconduct, Separate Punishments: Kentucky High Court Signals Consecutive Suspensions When New Violations Breach Disciplinary Probation

Separate Misconduct, Separate Punishments: Kentucky High Court Signals Consecutive Suspensions When New Violations Breach Disciplinary Probation

Date: Oct 28, 2025
Separate Misconduct, Separate Punishments: Kentucky High Court Signals Consecutive Suspensions When New Violations Breach Disciplinary Probation Introduction In a published opinion and order dated...
Jurisdictional Discovery First: Kentucky Supreme Court Requires “Ample Opportunity” Before Dismissing for Lack of Personal Jurisdiction; Indirect “Substantial Revenue” Satisfies the Long-Arm Statute

Jurisdictional Discovery First: Kentucky Supreme Court Requires “Ample Opportunity” Before Dismissing for Lack of Personal Jurisdiction; Indirect “Substantial Revenue” Satisfies the Long-Arm Statute

Date: Oct 28, 2025
Jurisdictional Discovery First: Kentucky Supreme Court Requires “Ample Opportunity” Before Dismissing for Lack of Personal Jurisdiction; Indirect “Substantial Revenue” Satisfies the Long-Arm Statute...
KRS 532.110’s Aggregate Cap Controls PFO‑2–Enhanced Class D Felonies; Competency for Resentencing Measured at the Time of Resentencing

KRS 532.110’s Aggregate Cap Controls PFO‑2–Enhanced Class D Felonies; Competency for Resentencing Measured at the Time of Resentencing

Date: Oct 28, 2025
KRS 532.110’s Aggregate Cap Controls PFO‑2–Enhanced Class D Felonies; Competency for Resentencing Measured at the Time of Resentencing Introduction In Thomas R. Moore v. Commonwealth of Kentucky...
RAP 21 Stays Require Particularized, Immediate Irreparable Harm: No Automatic Stay of Merits Pending Class-Certification Appeals

RAP 21 Stays Require Particularized, Immediate Irreparable Harm: No Automatic Stay of Merits Pending Class-Certification Appeals

Date: Oct 28, 2025
RAP 21 Stays Require Particularized, Immediate Irreparable Harm: No Automatic Stay of Merits Pending Class-Certification Appeals Case: Toby Berry, on Behalf of Himself and a Certified Class v....
After Goldey and Egbert: Third Circuit Reaffirms No Bivens for Federal Prison Conditions and Excessive Force, But Requires Leave to Amend for Rehabilitation Act and RFRA Claims

After Goldey and Egbert: Third Circuit Reaffirms No Bivens for Federal Prison Conditions and Excessive Force, But Requires Leave to Amend for Rehabilitation Act and RFRA Claims

Date: Oct 27, 2025
After Goldey and Egbert: Third Circuit Reaffirms No Bivens for Federal Prison Conditions and Excessive Force, But Requires Leave to Amend for Rehabilitation Act and RFRA Claims Introduction In Thomas...
Flow-Down Defective-Work Clauses Override Time-and-Materials Billing; Recoupment Permitted Against Same-Contract Sums

Flow-Down Defective-Work Clauses Override Time-and-Materials Billing; Recoupment Permitted Against Same-Contract Sums

Date: Oct 27, 2025
Flow-Down Defective-Work Clauses Override Time-and-Materials Billing; Recoupment Permitted Against Same-Contract Sums Case: Umoja Erectors LLC v. D.A. Nolt Inc., et al. Court: United States Court of...
Hermann Estoppel Revived and Provider Assignments Clarified: The Fifth Circuit’s Framework for Out‑of‑Network ERISA Claims in Angelina Emergency Med. v. Blue Cross

Hermann Estoppel Revived and Provider Assignments Clarified: The Fifth Circuit’s Framework for Out‑of‑Network ERISA Claims in Angelina Emergency Med. v. Blue Cross

Date: Oct 27, 2025
Hermann Estoppel Revived and Provider Assignments Clarified: The Fifth Circuit’s Framework for Out‑of‑Network ERISA Claims in Angelina Emergency Med. v. Blue Cross Introduction In Angelina Emergency...
No Statutory Lanham Act Damages Without a Registered Mark: Fifth Circuit Vacates Awards and Clarifies Limits on Attorney Immunity in Lewis Brisbois v. Bitgood

No Statutory Lanham Act Damages Without a Registered Mark: Fifth Circuit Vacates Awards and Clarifies Limits on Attorney Immunity in Lewis Brisbois v. Bitgood

Date: Oct 27, 2025
No Statutory Lanham Act Damages Without a Registered Mark: Fifth Circuit Vacates Awards and Clarifies Limits on Attorney Immunity in Lewis Brisbois v. Bitgood Introduction In an unpublished but...
No Post‑Termination Royalties Absent Express Language: “Developed and Manufactured During the Initial Term” Means What It Says

No Post‑Termination Royalties Absent Express Language: “Developed and Manufactured During the Initial Term” Means What It Says

Date: Oct 27, 2025
No Post‑Termination Royalties Absent Express Language: “Developed and Manufactured During the Initial Term” Means What It Says Case: Strategy and Execution, Inc. v. Black Rifle Coffee Company,...
General Compliance Clauses Do Not Waive Tribal Sovereign Immunity: Sixth Circuit Affirms Dismissal of FLSA Suit Against Tribally Owned Casino

General Compliance Clauses Do Not Waive Tribal Sovereign Immunity: Sixth Circuit Affirms Dismissal of FLSA Suit Against Tribally Owned Casino

Date: Oct 27, 2025
General Compliance Clauses Do Not Waive Tribal Sovereign Immunity: Sixth Circuit Affirms Dismissal of FLSA Suit Against Tribally Owned Casino Alexandria Parrotta v. Island Resort & Casino, No....
Undercover buyer’s export statement and contextual cues suffice for § 2K2.1(b)(6)(A): Sixth Circuit affirms export-enhancement, invited-error bar to acceptance-of-responsibility challenge, and within-Guidelines sentence in United States v. Darvell Jackson

Undercover buyer’s export statement and contextual cues suffice for § 2K2.1(b)(6)(A): Sixth Circuit affirms export-enhancement, invited-error bar to acceptance-of-responsibility challenge, and within-Guidelines sentence in United States v. Darvell Jackson

Date: Oct 27, 2025
Undercover buyer’s export statement and contextual cues suffice for § 2K2.1(b)(6)(A): Sixth Circuit affirms export-enhancement, invited-error bar to acceptance-of-responsibility challenge, and...
Sixth Circuit: Kentucky Wanton Second-Degree Manslaughter Is Not a “Crime of Violence” Under the Guidelines; Misclassification Is Plain Error (United States v. Tooley)

Sixth Circuit: Kentucky Wanton Second-Degree Manslaughter Is Not a “Crime of Violence” Under the Guidelines; Misclassification Is Plain Error (United States v. Tooley)

Date: Oct 27, 2025
Sixth Circuit: Kentucky Wanton Second-Degree Manslaughter Is Not a “Crime of Violence” Under the Guidelines; Misclassification Is Plain Error Introduction In United States v. Tooley, the Sixth...
Concurrent Sentence Doctrine Extends to Sentences Consecutive to Life; MVRA Permits Lost-Income Restitution to Deceased Victims’ Family Members (Clarified): Commentary on United States v. Lesley Green (and Philmon Chambers)

Concurrent Sentence Doctrine Extends to Sentences Consecutive to Life; MVRA Permits Lost-Income Restitution to Deceased Victims’ Family Members (Clarified): Commentary on United States v. Lesley Green (and Philmon Chambers)

Date: Oct 27, 2025
Concurrent Sentence Doctrine Extends to Sentences Consecutive to Life; MVRA Permits Lost-Income Restitution to Deceased Victims’ Family Members (Clarified) Commentary on United States v. Lesley Green...
United States v. Philmon Chambers (11th Cir. 2025): Eleventh Circuit Extends the Concurrent-Sentence Doctrine to Life-Plus Sentences and Affirms MVRA Restitution for Deceased Victims’ Family Members

United States v. Philmon Chambers (11th Cir. 2025): Eleventh Circuit Extends the Concurrent-Sentence Doctrine to Life-Plus Sentences and Affirms MVRA Restitution for Deceased Victims’ Family Members

Date: Oct 27, 2025
United States v. Philmon Chambers (11th Cir. 2025): Eleventh Circuit Extends the Concurrent-Sentence Doctrine to Life-Plus Sentences and Affirms MVRA Restitution for Deceased Victims’ Family Members...
Reciprocal Rule 404(b) Notice and No Remmer Hearing Absent Genuine External Influence: United States v. Acebo (10th Cir. 2025)

Reciprocal Rule 404(b) Notice and No Remmer Hearing Absent Genuine External Influence: United States v. Acebo (10th Cir. 2025)

Date: Oct 27, 2025
Reciprocal Rule 404(b) Notice and No Remmer Hearing Absent Genuine External Influence: United States v. Acebo (10th Cir. 2025) United States v. Acebo, No. 24-8035 (10th Cir. Oct. 23, 2025) —...
Third Circuit Clarifies: No “Agency Exception” to Twombly/Iqbal and No Consumer‑Initiation Requirement under FCRA § 1681b(a)(3)(A)

Third Circuit Clarifies: No “Agency Exception” to Twombly/Iqbal and No Consumer‑Initiation Requirement under FCRA § 1681b(a)(3)(A)

Date: Oct 27, 2025
Third Circuit Clarifies: No “Agency Exception” to Twombly/Iqbal and No Consumer‑Initiation Requirement under FCRA § 1681b(a)(3)(A) Case: Eva Migliore v. Vision Solar LLC, et al. (Sunlight Financial...
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