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  • Commentaries
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Foreseeability, Special Relationships, and Campus Liability: Sixth Circuit Narrows Negligence Exposure and Sets High Bar for IIED and ELCRA Claims in Chen v. Hillsdale College

Foreseeability, Special Relationships, and Campus Liability: Sixth Circuit Narrows Negligence Exposure and Sets High Bar for IIED and ELCRA Claims in Chen v. Hillsdale College

Date: Aug 31, 2025
Foreseeability, Special Relationships, and Campus Liability: Sixth Circuit Narrows Negligence Exposure and Sets High Bar for IIED and ELCRA Claims in Chen v. Hillsdale College Introduction In Grace...
Authorizing Substitute Service for Unascertainable Respondents in Vulnerable-Adult Exploitation Injunctions: Florida Supreme Court’s Fast-Track Amendment to Probate Rule 5.920

Authorizing Substitute Service for Unascertainable Respondents in Vulnerable-Adult Exploitation Injunctions: Florida Supreme Court’s Fast-Track Amendment to Probate Rule 5.920

Date: Aug 31, 2025
Authorizing Substitute Service for Unascertainable Respondents in Vulnerable-Adult Exploitation Injunctions: Florida Supreme Court’s Fast-Track Amendment to Probate Rule 5.920 Introduction On August...
Florida Supreme Court Standardizes New-Member Bar Fees and Adds Annual Reporting for Non-Florida Lawyers: 2025 Amendments to Chapter 1

Florida Supreme Court Standardizes New-Member Bar Fees and Adds Annual Reporting for Non-Florida Lawyers: 2025 Amendments to Chapter 1

Date: Aug 31, 2025
Florida Supreme Court Standardizes New-Member Bar Fees and Adds Annual Reporting for Non-Florida Lawyers: 2025 Amendments to Chapter 1 Introduction In a rulemaking opinion issued on August 28, 2025,...
Due Process Recalibrated in Florida Bar Discipline: Immediate Challenges to Interim Probation, Unified Briefing Deadlines, and Narrowed Judicial Referral Authority

Due Process Recalibrated in Florida Bar Discipline: Immediate Challenges to Interim Probation, Unified Briefing Deadlines, and Narrowed Judicial Referral Authority

Date: Aug 31, 2025
Due Process Recalibrated in Florida Bar Discipline: Immediate Challenges to Interim Probation, Unified Briefing Deadlines, and Narrowed Judicial Referral Authority Introduction In this administrative...
Bell v. State (Fla. 2025): Speculative Custodial-Coercion Allegations Cannot Overcome Record-Clear Waivers; Rule 3.130 Delay Alone Is Not Fundamental Error

Bell v. State (Fla. 2025): Speculative Custodial-Coercion Allegations Cannot Overcome Record-Clear Waivers; Rule 3.130 Delay Alone Is Not Fundamental Error

Date: Aug 31, 2025
Bell v. State (Fla. 2025): Speculative Custodial-Coercion Allegations Cannot Overcome Record-Clear Waivers; Rule 3.130 Delay Alone Is Not Fundamental Error Introduction This commentary analyzes the...
No Personal Jurisdiction from Plaintiff’s Forum-Based Counsel or Virtual Data-Room Access: Eleventh Circuit Clarifies Purposeful-Availment Limits Under Florida’s Long-Arm Statute

No Personal Jurisdiction from Plaintiff’s Forum-Based Counsel or Virtual Data-Room Access: Eleventh Circuit Clarifies Purposeful-Availment Limits Under Florida’s Long-Arm Statute

Date: Aug 31, 2025
No Personal Jurisdiction from Plaintiff’s Forum-Based Counsel or Virtual Data-Room Access: Eleventh Circuit Clarifies Purposeful-Availment Limits Under Florida’s Long-Arm Statute Introduction In ECB...
Expert Evidence, Causation, and Pattern Proof: Seventh Circuit Tightens Eighth Amendment and Monell Paths in Prison Mental-Health Cases

Expert Evidence, Causation, and Pattern Proof: Seventh Circuit Tightens Eighth Amendment and Monell Paths in Prison Mental-Health Cases

Date: Aug 31, 2025
Expert Evidence, Causation, and Pattern Proof: Seventh Circuit Tightens Eighth Amendment and Monell Paths in Prison Mental-Health Cases Introduction In Cordell Sanders v. Andrea Moss, et al., the...
Protected Advice at Life’s End: Seventh Circuit Holds Indiana’s Funeral-Licensing Ban on Death-Doula Counseling Fails Even Under Intermediate Scrutiny—and Consent Orders Don’t Waive Federal Rights

Protected Advice at Life’s End: Seventh Circuit Holds Indiana’s Funeral-Licensing Ban on Death-Doula Counseling Fails Even Under Intermediate Scrutiny—and Consent Orders Don’t Waive Federal Rights

Date: Aug 31, 2025
Protected Advice at Life’s End: Seventh Circuit Holds Indiana’s Funeral-Licensing Ban on Death-Doula Counseling Fails Even Under Intermediate Scrutiny—and Consent Orders Don’t Waive Federal Rights...
“Promoting the Enactment of Legislation” Qualifies as an Official Act; No Per Se Miranda Rule During Warrant Stops; No Duty to Delay Sentencing for Pending Guidelines Amendments — Commentary on United States v. Weiss (7th Cir. 2025)

“Promoting the Enactment of Legislation” Qualifies as an Official Act; No Per Se Miranda Rule During Warrant Stops; No Duty to Delay Sentencing for Pending Guidelines Amendments — Commentary on United States v. Weiss (7th Cir. 2025)

Date: Aug 31, 2025
“Promoting the Enactment of Legislation” Qualifies as an Official Act; No Per Se Miranda Rule During Warrant Stops; No Duty to Delay Sentencing for Pending Guidelines Amendments — Commentary on...
First Circuit Conditions Internet-Monitoring Fees on Ability-to-Pay and Clarifies Limits on Ex Parte Sentencing Inputs

First Circuit Conditions Internet-Monitoring Fees on Ability-to-Pay and Clarifies Limits on Ex Parte Sentencing Inputs

Date: Aug 31, 2025
First Circuit Conditions Internet-Monitoring Fees on Ability-to-Pay and Clarifies Limits on Ex Parte Sentencing Inputs Case: United States v. Negrón-Cruz Court: U.S. Court of Appeals for the First...
Quo Warranto Is the Exclusive Vehicle to Remove a Committee-Appointed Township Trustee; Probate Judge’s Duty to Appoint under R.C. 503.24 Arises Only When a Vacancy Exists

Quo Warranto Is the Exclusive Vehicle to Remove a Committee-Appointed Township Trustee; Probate Judge’s Duty to Appoint under R.C. 503.24 Arises Only When a Vacancy Exists

Date: Aug 31, 2025
Quo Warranto Is the Exclusive Vehicle to Remove a Committee-Appointed Township Trustee; Probate Judge’s Duty to Appoint under R.C. 503.24 Arises Only When a Vacancy Exists Case: State ex rel....
People v. Class (2025): Appellate Reassignment on Remand in Postconviction Cases Limited to Bias or Probability of Bias; Rule 615(b)(2) Authority Clarified and Serrano Overruled

People v. Class (2025): Appellate Reassignment on Remand in Postconviction Cases Limited to Bias or Probability of Bias; Rule 615(b)(2) Authority Clarified and Serrano Overruled

Date: Aug 31, 2025
People v. Class (2025): Appellate Reassignment on Remand in Postconviction Cases Limited to Bias or Probability of Bias; Rule 615(b)(2) Authority Clarified and Serrano Overruled Introduction In...
Utah’s First UPEPA Roadmap: Public Concern Defined, Plaintiff’s Prima Facie “Lack of Privilege” Burden, and Limits on Add‑On Torts — Commentary on Mackey v. Krause (2025 UT 37)

Utah’s First UPEPA Roadmap: Public Concern Defined, Plaintiff’s Prima Facie “Lack of Privilege” Burden, and Limits on Add‑On Torts — Commentary on Mackey v. Krause (2025 UT 37)

Date: Aug 31, 2025
Utah’s First UPEPA Roadmap: Public Concern Defined, Plaintiff’s Prima Facie “Lack of Privilege” Burden, and Limits on Add‑On Torts — Commentary on Mackey v. Krause (2025 UT 37) Introduction This...
When Dependency Equals Placement: Washington Supreme Court Requires ICWA/WICWA “Active Efforts” Findings at Dependency Fact‑Finding and Orders Immediate Return Absent Danger

When Dependency Equals Placement: Washington Supreme Court Requires ICWA/WICWA “Active Efforts” Findings at Dependency Fact‑Finding and Orders Immediate Return Absent Danger

Date: Aug 31, 2025
When Dependency Equals Placement: Washington Supreme Court Requires ICWA/WICWA “Active Efforts” Findings at Dependency Fact‑Finding and Orders Immediate Return Absent Danger Introduction In In re...
Washington Supreme Court Recognizes Appellate Discretion to Permit Limited Nonparty Intervention in Criminal Appeals When the Same Nonparty Intervened in the Trial Court

Washington Supreme Court Recognizes Appellate Discretion to Permit Limited Nonparty Intervention in Criminal Appeals When the Same Nonparty Intervened in the Trial Court

Date: Aug 31, 2025
Appellate Discretion to Permit Limited Nonparty Intervention After Trial: State v. Thompson Introduction In State v. Thompson (No. 103338-9, Aug. 28, 2025), the Washington Supreme Court addressed a...
Post-Loper Bright, Circuit Precedent Controls: Third Circuit Reaffirms Jordon’s Sequencing Rule for Former § 1432(a)(3) and Holds BIA Self-Certification Denials Unreviewable

Post-Loper Bright, Circuit Precedent Controls: Third Circuit Reaffirms Jordon’s Sequencing Rule for Former § 1432(a)(3) and Holds BIA Self-Certification Denials Unreviewable

Date: Aug 31, 2025
Post-Loper Bright, Circuit Precedent Controls: Third Circuit Reaffirms Jordon’s Sequencing Rule for Former § 1432(a)(3) and Holds BIA Self-Certification Denials Unreviewable Introduction In...
No Double Disgorgement: Third Circuit Bars Duplicate Profit Awards Across Overlapping Trade‑Secret and Unfair‑Competition Claims; Clarifies Rule 50 Forfeiture and “Use” Proof Under the DTSA

No Double Disgorgement: Third Circuit Bars Duplicate Profit Awards Across Overlapping Trade‑Secret and Unfair‑Competition Claims; Clarifies Rule 50 Forfeiture and “Use” Proof Under the DTSA

Date: Aug 31, 2025
No Double Disgorgement: Third Circuit Bars Duplicate Profit Awards Across Overlapping Trade‑Secret and Unfair‑Competition Claims; Clarifies Rule 50 Forfeiture and “Use” Proof Under the DTSA...
State Law Controls Attorney Charging Liens in MDLs: Third Circuit Endorses Pennsylvania’s Recht Causation Test and Rejects McKenzie-Based Fee-Splitting for Former Counsel in NFL Concussion Awards

State Law Controls Attorney Charging Liens in MDLs: Third Circuit Endorses Pennsylvania’s Recht Causation Test and Rejects McKenzie-Based Fee-Splitting for Former Counsel in NFL Concussion Awards

Date: Aug 31, 2025
State Law Controls Attorney Charging Liens in MDLs: Third Circuit Endorses Pennsylvania’s Recht Causation Test and Rejects McKenzie-Based Fee-Splitting for Former Counsel in NFL Concussion Awards...
Bruen’s “Shall‑Issue” Presumption Shields the NFA’s Suppressor Licensing; Good‑Faith Exception Bars Suppression: A Commentary on United States v. Peterson (5th Cir. 2025)

Bruen’s “Shall‑Issue” Presumption Shields the NFA’s Suppressor Licensing; Good‑Faith Exception Bars Suppression: A Commentary on United States v. Peterson (5th Cir. 2025)

Date: Aug 31, 2025
Bruen’s “Shall‑Issue” Presumption Shields the NFA’s Suppressor Licensing; Good‑Faith Exception Bars Suppression: A Commentary on United States v. Peterson (5th Cir. 2025) Introduction United States...
Immediate Applicability of H.B. 265’s Public-Records Mandamus Prerequisites: Ohio Supreme Court Mandates Dismissal Without Pre‑Suit Complaint Affirmation

Immediate Applicability of H.B. 265’s Public-Records Mandamus Prerequisites: Ohio Supreme Court Mandates Dismissal Without Pre‑Suit Complaint Affirmation

Date: Aug 31, 2025
Immediate Applicability of H.B. 265’s Public-Records Mandamus Prerequisites: Ohio Supreme Court Mandates Dismissal Without Pre‑Suit Complaint Affirmation Case: State ex rel. Jordan v. Dept. of...
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