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Experience-Based Premium Rates and Private Fee Awards: Eleventh Circuit Affirms Lodestar Flexibility and Rejects Excessive Fines Challenge in Sanctions-Fee Case

Date: Aug 31, 2025

Experience-Based Premium Rates and Private Fee Awards: Eleventh Circuit Affirms Lodestar Flexibility and Rejects Excessive Fines Challenge in Sanctions-Fee Case Introduction In Spencer Sheehan v. Big...

Seriousness Over Statistical Averages: Eleventh Circuit Affirms Broad District Court Discretion Under § 3553(a) in Child‑Pornography Sentencing

Date: Aug 31, 2025

Seriousness Over Statistical Averages: Eleventh Circuit Affirms Broad District Court Discretion Under § 3553(a) in Child‑Pornography Sentencing Case: United States v. Jonathon Fernandez‑Herak, Nos....

Eleventh Circuit reaffirms discretion to prioritize offense seriousness over national sentencing averages under § 3553(a), upholding a below‑Guidelines sentence for child‑pornography distribution

Date: Aug 31, 2025

Eleventh Circuit reaffirms discretion to prioritize offense seriousness over national sentencing averages under § 3553(a), upholding a below‑Guidelines sentence for child‑pornography distribution...

No Safe Harbor in Broad, Circular “Professional” Groups: Eleventh Circuit Affirms Non‑Cognizability of Gang‑Targeted Professionals and Reiterates that Credibility Alone Does Not Compel Asylum

Date: Aug 31, 2025

No Safe Harbor in Broad, Circular “Professional” Groups: Eleventh Circuit Affirms Non‑Cognizability of Gang‑Targeted Professionals and Reiterates that Credibility Alone Does Not Compel Asylum Case:...

Sixth Circuit: Seeking a Merits Dismissal Before Invoking Arbitration Constitutes FAA “Default,” Extinguishing the Right to Arbitrate

Date: Aug 31, 2025

Sixth Circuit: Seeking a Merits Dismissal Before Invoking Arbitration Constitutes FAA “Default,” Extinguishing the Right to Arbitrate Introduction This published decision of the U.S. Court of Appeals...

Tenth Circuit Clarifies: Neutral COVID-19 Vaccination Attestation Is Not an ADA “Medical Inquiry,” and Termination for Noncompliance with a Generally Applicable Vaccine Policy Does Not State ADA Retaliation

Date: Aug 31, 2025

Tenth Circuit Clarifies: Neutral COVID-19 Vaccination Attestation Is Not an ADA “Medical Inquiry,” and Termination for Noncompliance with a Generally Applicable Vaccine Policy Does Not State ADA...

Parental Orchestration Is Not a Shield: Tenth Circuit Reaffirms Broad Discretion to Transfer Juveniles to Adult Court Where Dangerousness Outweighs Amenability to Treatment

Date: Aug 31, 2025

Parental Orchestration Is Not a Shield: Tenth Circuit Reaffirms Broad Discretion to Transfer Juveniles to Adult Court Where Dangerousness Outweighs Amenability to Treatment Case: United States v....

Counsel of Choice Is Not Absolute: Tenth Circuit Denies COA Where Indigent Defendant Sought Eleventh-Hour Substitution Without Showing Retained Counsel

Date: Aug 31, 2025

Counsel of Choice Is Not Absolute: Tenth Circuit Denies COA Where Indigent Defendant Sought Eleventh-Hour Substitution Without Showing Retained Counsel Introduction In United States v. Laskey, No....

No Innocent Construction for Accusations of POA Self‑Dealing; Employee Admissions Admissible to Prove Abuse of Qualified Privilege; Estate-Administrator Access Falls Within PIPA’s Good‑Faith Exception

Date: Aug 31, 2025

No Innocent Construction for Accusations of POA Self‑Dealing; Employee Admissions Admissible to Prove Abuse of Qualified Privilege; Estate-Administrator Access Falls Within PIPA’s Good‑Faith...

Intended Loss Includes Pre‑Scheme Funds Placed at Risk; No Investor‑by‑Investor Tracing Required, and Restitution May Cover All Scheme Victims — United States v. Miller (7th Cir. 2025)

Date: Aug 31, 2025

Intended Loss Includes Pre‑Scheme Funds Placed at Risk; No Investor‑by‑Investor Tracing Required, and Restitution May Cover All Scheme Victims — United States v. Miller (7th Cir. 2025) Introduction...

Toward the “Vanishing Point”: First Circuit Clarifies Minimal Weight for Structural Conflicts When Administrators Mitigate Bias and Provide Reasoned Explanations under ERISA — Commentary on Bernitz v. USAble Life

Date: Aug 31, 2025

Toward the “Vanishing Point”: First Circuit Clarifies Minimal Weight for Structural Conflicts When Administrators Mitigate Bias and Provide Reasoned Explanations under ERISA — Commentary on Bernitz...

Implicit Compliance with Adm.Code 4121-3-34(D)(3)(i): Hearing Officers Need Not Itemize Every Psychological Restriction in PTD Orders

Date: Aug 31, 2025

Implicit Compliance with Adm.Code 4121-3-34(D)(3)(i): Hearing Officers Need Not Itemize Every Psychological Restriction in PTD Orders Introduction In State ex rel. Urban v. Wano Expiditing, Inc.,...

No Ex Post Facto Relief Where Duty Pre‑Existed 2007 SVORA: Waiver by Unconditional Plea and Direct‑Appeal Bar Reaffirmed (Benton v. State, Mont. 2025) – Nonprecedential

Date: Aug 31, 2025

No Ex Post Facto Relief Where Duty Pre‑Existed 2007 SVORA: Waiver by Unconditional Plea and Direct‑Appeal Bar Reaffirmed Benton v. State, 2025 MT 191N (Mont. Aug. 26, 2025) — Memorandum opinion,...

Girasole v. Paws Up: Inherent Risk Defines Duty—No Liability Without Atypical Hazards or Statutory Exception Under Montana’s Equine Activities Act

Date: Aug 31, 2025

Girasole v. Paws Up: Inherent Risk Defines Duty—No Liability Without Atypical Hazards or Statutory Exception Under Montana’s Equine Activities Act Introduction In Girasole v. Paws Up, the Supreme...

Logical Inferences Must Be Record‑Rooted: Montana Supreme Court Clarifies the “Some Evidence” Threshold for Self‑Defense Jury Instructions in State v. Holcomb (2025 MT 190)

Date: Aug 31, 2025

Logical Inferences Must Be Record‑Rooted: Montana Supreme Court Clarifies the “Some Evidence” Threshold for Self‑Defense Jury Instructions in State v. Holcomb (2025 MT 190) Introduction In State v....

Email Notice Counts: Montana Supreme Court Clarifies PFO Notice “Given” Need Not Be Filed by the Omnibus Deadline and Minor Tardiness Does Not Mandate Reversal Absent Prejudice

Date: Aug 31, 2025

Email Notice Counts: Montana Supreme Court Clarifies PFO Notice “Given” Need Not Be Filed by the Omnibus Deadline and Minor Tardiness Does Not Mandate Reversal Absent Prejudice Case Comment: State v....

State v. Jacques (Conn. 2025): No Second Probable Cause Hearing After Appellate Reversal; Medical Memory Loss Does Not Defeat Confrontation or Whelan; Clarified Reliability Gatekeeping for Jailhouse Informants

Date: Aug 31, 2025

State v. Jacques: Probable Cause Survives Appellate Suppression; Medical Memory Loss Does Not Bar Confrontation or Whelan; Reliability Threshold for Jailhouse Informants Affirmed Introduction In...

When the Record Is Not Enough: Hawai‘i Supreme Court Requires an EA as a Matter of Law for HEPA Exemptions Not Supported on the Face of the Agency Record

Date: Aug 31, 2025

When the Record Is Not Enough: Hawai‘i Supreme Court Requires an EA as a Matter of Law for HEPA Exemptions Not Supported on the Face of the Agency Record Introduction In Ke Kauhulu O Mānā v. Board of...

Post-Bruen Challenges to Pistol Permit Denials: Second Circuit Reaffirms Absolute Judicial Immunity and Eleventh Amendment Limits on Suits Against State Judges

Date: Aug 31, 2025

Post-Bruen Challenges to Pistol Permit Denials: Second Circuit Reaffirms Absolute Judicial Immunity and Eleventh Amendment Limits on Suits Against State Judges Introduction This commentary analyzes...

Terminal-Only Mandates Are ANCA “Access Restrictions” Even If Valid Under the ADA’s Proprietor Exception: Commentary on Delux Public Charter v. County of Westchester (2d Cir. 2025, Summary Order)

Date: Aug 31, 2025

Terminal-Only Mandates Are ANCA “Access Restrictions” Even If Valid Under the ADA’s Proprietor Exception In Delux Public Charter v. County of Westchester, the Second Circuit (by summary order) held...

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