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  • Commentaries
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clarifying-the-& Case Commentaries

Defining Supervisory Control: Limits and Criteria in Montana Appellate Procedure

Defining Supervisory Control: Limits and Criteria in Montana Appellate Procedure

Date: Jun 10, 2025
Defining Supervisory Control: Limits and Criteria in Montana Appellate Procedure Introduction This commentary examines the Supreme Court of Montana’s Order in Jing v. 13th Judicial District Court, OP...
Independent Termination of Parental Rights Under MCA §41-3-609

Independent Termination of Parental Rights Under MCA §41-3-609

Date: Jun 10, 2025
Independent Termination of Parental Rights Under MCA §41-3-609 Introduction This commentary examines the Supreme Court of Montana’s decision in Matter of B.J.B., YINC (2025 MT 116), which clarifies...
Affirmation of Active Efforts and Good Cause Deviation Under the Indian Child Welfare Act in Matter of P.E.W.

Affirmation of Active Efforts and Good Cause Deviation Under the Indian Child Welfare Act in Matter of P.E.W.

Date: Jun 10, 2025
Affirmation of Active Efforts and Good Cause Deviation Under the Indian Child Welfare Act in Matter of P.E.W., YINC (2025 MT 114) Introduction Matter of P.E.W., decided by the Supreme Court of...
No Duty to “Catch” Skiers Beyond MSRA’s Inherent Risks — Mullee v. Winter Sports, Inc.

No Duty to “Catch” Skiers Beyond MSRA’s Inherent Risks — Mullee v. Winter Sports, Inc.

Date: Jun 10, 2025
No Duty to “Catch” Skiers Beyond MSRA’s Inherent Risks Introduction Mullee v. Winter Sports, Inc., 2025 MT 113, is a Supreme Court of Montana decision clarifying the limits of a ski operator’s...
Limitations on Pretrial Credit and Evidence-Tampering Conspiracy in Prison Escape Cases

Limitations on Pretrial Credit and Evidence-Tampering Conspiracy in Prison Escape Cases

Date: Jun 10, 2025
Limitations on Pretrial Credit and Evidence-Tampering Conspiracy in Prison Escape Cases Introduction State of Montana v. Darren Charles DeMarie (2025 MT 115) arises from a bench trial in Powell...
Reaffirming the Boundaries of Interlocutory Appellate Jurisdiction and Mandamus Relief Under §1291: Ameriway Corp. v. Chen

Reaffirming the Boundaries of Interlocutory Appellate Jurisdiction and Mandamus Relief Under §1291: Ameriway Corp. v. Chen

Date: Jun 10, 2025
Reaffirming the Boundaries of Interlocutory Appellate Jurisdiction and Mandamus Relief Under §1291: Ameriway Corp. v. Chen Introduction The Second Circuit’s summary order in Ameriway Corp. v. Chen...
Preservation of Unmodified Contractual Provisions in Copyright Assignments: Catala v. Joombas Co. Ltd.

Preservation of Unmodified Contractual Provisions in Copyright Assignments: Catala v. Joombas Co. Ltd.

Date: Jun 10, 2025
Preservation of Unmodified Contractual Provisions in Copyright Assignments: Catala v. Joombas Co. Ltd. Introduction Catala v. Joombas Co. Ltd. is a summary‐order decision by the United States Court...
Encompassment of Final Judgment by Appeals from Rule 59(e)/60(b) Orders and the Non-Disability Character of Neutral COVID-19 Mandates: Johnson v. Maximus Services LLC

Encompassment of Final Judgment by Appeals from Rule 59(e)/60(b) Orders and the Non-Disability Character of Neutral COVID-19 Mandates: Johnson v. Maximus Services LLC

Date: Jun 10, 2025
Encompassment of Final Judgment by Appeals from Rule 59(e)/60(b) Orders and the Non-Disability Character of Neutral COVID-19 Mandates: Johnson v. Maximus Services LLC Introduction Johnson v. Maximus...
State Protection Nexus in Private-Party Persecution Claims: Singh v. Bondi

State Protection Nexus in Private-Party Persecution Claims: Singh v. Bondi

Date: Jun 10, 2025
State Protection Nexus in Private-Party Persecution Claims: Singh v. Bondi Introduction Singh v. Bondi (23-6074, 2d Cir. June 3, 2025) involved petitioner Sarbjit Singh’s challenge to the Board of...
Affirmation of Broad Discretion in Imposing Extended Supervised Release Terms upon Revocation under 18 U.S.C. § 3583

Affirmation of Broad Discretion in Imposing Extended Supervised Release Terms upon Revocation under 18 U.S.C. § 3583

Date: Jun 10, 2025
Affirmation of Broad Discretion in Imposing Extended Supervised Release Terms upon Revocation under 18 U.S.C. § 3583 Introduction United States v. Patterson is a summary order issued by the United...
Next Friend Standing Under Rule 17(c): Relationship Not Required, Identification Essential

Next Friend Standing Under Rule 17(c): Relationship Not Required, Identification Essential

Date: Jun 10, 2025
Next Friend Standing Under Rule 17(c): Relationship Not Required, Identification Essential Introduction In Doe v. Hochul (2d Cir. 2025), Mary Doe, a social worker proceeding under a pseudonym,...
Hadwan v. US Dep’t of State: APA and Due Process Limits on Passport Revocation

Hadwan v. US Dep’t of State: APA and Due Process Limits on Passport Revocation

Date: Jun 10, 2025
Hadwan v. US Dep’t of State: APA and Due Process Limits on Passport Revocation Introduction In the Second Circuit’s June 3, 2025 decision in Hadwan v. US Department of State, the court confronted a...
Singh v. Bondi: REAL ID Act’s Totality-of-the-Circumstances Standard in Credibility Determinations

Singh v. Bondi: REAL ID Act’s Totality-of-the-Circumstances Standard in Credibility Determinations

Date: Jun 10, 2025
Singh v. Bondi: REAL ID Act’s Totality-of-the-Circumstances Standard in Credibility Determinations Introduction In Singh v. Bondi, 22-6077 (2d Cir. June 3, 2025), the U.S. Court of Appeals for the...
Statute of Limitations Accrual for Prison §1983 Claims: Swift v. Da Silva

Statute of Limitations Accrual for Prison §1983 Claims: Swift v. Da Silva

Date: Jun 10, 2025
Statute of Limitations Accrual for Prison §1983 Claims: Swift v. Da Silva Introduction Joseph T. Swift v. J. Da Silva, decided by the Eleventh Circuit on June 3, 2025, addresses a recurring...
Clarifying Rule 60(b)(6) Relief: Extraordinary Circumstances and Nonfrivolous Claims Required

Clarifying Rule 60(b)(6) Relief: Extraordinary Circumstances and Nonfrivolous Claims Required

Date: Jun 10, 2025
Clarifying Rule 60(b)(6) Relief: Extraordinary Circumstances and Nonfrivolous Claims Required Introduction The Eleventh Circuit’s decision in Michael R. Atraqchi v. United States of America et al....
Clarifying Scope of Remand Resentencing and Notice Requirements Under Apprendi for Enhanced Sentences in RICO and Drug Conspiracy Cases

Clarifying Scope of Remand Resentencing and Notice Requirements Under Apprendi for Enhanced Sentences in RICO and Drug Conspiracy Cases

Date: Jun 10, 2025
Clarifying Scope of Remand Resentencing and Notice Requirements Under Apprendi for Enhanced Sentences in RICO and Drug Conspiracy Cases Introduction United States v. Deonte Martin is a consolidated...
Reasonable Mistake of Law as a Basis for Terry Stops in Felon-in-Possession Prosecutions

Reasonable Mistake of Law as a Basis for Terry Stops in Felon-in-Possession Prosecutions

Date: Jun 10, 2025
Reasonable Mistake of Law as a Basis for Terry Stops in Felon-in-Possession Prosecutions Introduction United States v. Justin Jamaal Nettles, decided by the Eleventh Circuit on June 3, 2025,...
Rule 11 Plain Error Review and Specialty Rule at Sentencing: United States v. Lucia Gatta

Rule 11 Plain Error Review and Specialty Rule at Sentencing: United States v. Lucia Gatta

Date: Jun 10, 2025
Rule 11 Plain Error Review and Specialty Rule at Sentencing: United States v. Lucia Gatta Introduction United States v. Lucia Gatta (11th Cir. 2025) addresses three interlocking issues in federal...
Mandate Scope and Statutory Maximums: Disentanglement on Remand and Enhanced Sentencing Under RICO and Drug Statutes

Mandate Scope and Statutory Maximums: Disentanglement on Remand and Enhanced Sentencing Under RICO and Drug Statutes

Date: Jun 10, 2025
Mandate Scope and Statutory Maximums: Disentanglement on Remand and Enhanced Sentencing Under RICO and Drug Statutes Introduction United States v. Napoleon Harris (11th Cir. 2025) is a consolidated...
United States v. Harris: Establishing Standards for Remand Resentencing and Sentencing Enhancements under RICO and Federal Drug Law

United States v. Harris: Establishing Standards for Remand Resentencing and Sentencing Enhancements under RICO and Federal Drug Law

Date: Jun 10, 2025
United States v. Harris: Establishing Standards for Remand Resentencing and Sentencing Enhancements under RICO and Federal Drug Law 1. Introduction In United States v. Nathaniel Harris, the Eleventh...
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