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comprehensive-interpretation-of-& Case Commentaries

Clarifying the Threshold for Court-Appointed Counsel and Pleading Specificity in Pro Se Litigation: A Commentary on Weems v. City of Philadelphia (3d Cir. 2025)

Clarifying the Threshold for Court-Appointed Counsel and Pleading Specificity in Pro Se Litigation: A Commentary on Weems v. City of Philadelphia (3d Cir. 2025)

Date: Jun 27, 2025
Clarifying the Threshold for Court-Appointed Counsel and Pleading Specificity in Pro Se Litigation: A Commentary on Weems v. City of Philadelphia (3d Cir. 2025) 1. Introduction Weems v. City of...
Post-Removal Settlement Offers Do Not Defeat Diversity Jurisdiction – A Commentary on Sergei Kovalev v. WalMart Inc. (3d Cir. 2025)

Post-Removal Settlement Offers Do Not Defeat Diversity Jurisdiction – A Commentary on Sergei Kovalev v. WalMart Inc. (3d Cir. 2025)

Date: Jun 27, 2025
Post-Removal Settlement Offers Do Not Defeat Diversity Jurisdiction: In-Depth Commentary on Sergei Kovalev v. WalMart Inc. (3d Cir. 2025) 1. Introduction The United States Court of Appeals for the...
Fifth Circuit Embraces “Intentional Relinquishment” Test for Arbitration Waiver: A Commentary on Garcia v. Fuentes (2025)

Fifth Circuit Embraces “Intentional Relinquishment” Test for Arbitration Waiver: A Commentary on Garcia v. Fuentes (2025)

Date: Jun 27, 2025
Fifth Circuit Embraces “Intentional Relinquishment” Test for Arbitration Waiver: Garcia v. Fuentes (2025) 1. Introduction In Garcia v. Fuentes, No. 24-10699 (5th Cir. June 24, 2025), the United...
“Halting-Assurance” Doctrine: The Fifth Circuit’s Reaffirmation of the High Bar for Eighth-Amendment Method-of-Execution Challenges

“Halting-Assurance” Doctrine: The Fifth Circuit’s Reaffirmation of the High Bar for Eighth-Amendment Method-of-Execution Challenges

Date: Jun 27, 2025
“Halting-Assurance” Doctrine: The Fifth Circuit’s Reaffirmation of the High Bar for Eighth-Amendment Method-of-Execution Challenges Commentary on Jordan v. Mississippi State Executioner, No. 25-70013...
“Still-Treating, Still Immune” – Spikes v. Wheat and the Fifth Circuit’s Clarification that Misdiagnosis Amid Continuous Care Does Not Constitute Deliberate Indifference

“Still-Treating, Still Immune” – Spikes v. Wheat and the Fifth Circuit’s Clarification that Misdiagnosis Amid Continuous Care Does Not Constitute Deliberate Indifference

Date: Jun 27, 2025
“Still-Treating, Still Immune” – Spikes v. Wheat and the Fifth Circuit’s Clarification that Misdiagnosis Amid Continuous Care Does Not Constitute Deliberate Indifference 1. Introduction Spikes v....
“The Hard-Look Mandate on Steroids” –  Texas Corn Producers v. EPA and the Fifth Circuit’s Expanded Duty to Tackle Statistical Critiques in Rulemaking

“The Hard-Look Mandate on Steroids” – Texas Corn Producers v. EPA and the Fifth Circuit’s Expanded Duty to Tackle Statistical Critiques in Rulemaking

Date: Jun 27, 2025
“The Hard-Look Mandate on Steroids” – Texas Corn Producers v. EPA and the Fifth Circuit’s Expanded Duty to Tackle Statistical Critiques in Rulemaking 1. Introduction Texas Corn Producers v. EPA, No....
Reyes Reaffirms Tradition of Disarming Dangerous Felons after Bruen: The Fifth Circuit’s Post-Rahimi Framework for § 922(g)(1) As-Applied Challenges

Reyes Reaffirms Tradition of Disarming Dangerous Felons after Bruen: The Fifth Circuit’s Post-Rahimi Framework for § 922(g)(1) As-Applied Challenges

Date: Jun 27, 2025
Reyes Reaffirms Tradition of Disarming Dangerous Felons after Bruen: The Fifth Circuit’s Post-Rahimi Framework for § 922(g)(1) As-Applied Challenges Introduction United States v. Reyes, No. 24-40369...
“Instant Termination Means Instant Preclusion” – The Fifth Circuit’s Clarification of Texas Rule 162 in Willis v. Aron

“Instant Termination Means Instant Preclusion” – The Fifth Circuit’s Clarification of Texas Rule 162 in Willis v. Aron

Date: Jun 27, 2025
“Instant Termination Means Instant Preclusion” – The Fifth Circuit’s Clarification of Texas Rule 162 in Willis v. Aron Introduction The United States Court of Appeals for the Fifth Circuit’s...
Fourth Circuit Clarifies Non-Binding Nature of EOIR OPPM 17-04 and the Limited Reach of the Accardi Doctrine in Cancellation-of-Removal Cap Cases

Fourth Circuit Clarifies Non-Binding Nature of EOIR OPPM 17-04 and the Limited Reach of the Accardi Doctrine in Cancellation-of-Removal Cap Cases

Date: Jun 27, 2025
Fourth Circuit Clarifies Non-Binding Nature of EOIR OPPM 17-04 and the Limited Reach of the Accardi Doctrine in Cancellation-of-Removal Cap Cases Introduction The published opinion in Alex Zalaya...
“The Vehicle Must Be Yours”: Erie Insurance v. Cooper and the New Limits on Mandatory UIM Offers for Non-Owned Vehicles

“The Vehicle Must Be Yours”: Erie Insurance v. Cooper and the New Limits on Mandatory UIM Offers for Non-Owned Vehicles

Date: Jun 27, 2025
“The Vehicle Must Be Yours”: Erie Insurance v. Cooper and the New Limits on Mandatory UIM Offers for Non-Owned Vehicles 1. Introduction Erie Insurance Property & Casualty Company v. James Skylar...
No Double Redress: The Fourth Circuit Bars Appeals for Nominal Damages Once Compensatory Damages Are Awarded — Commentary on Hammons v. UMMS

No Double Redress: The Fourth Circuit Bars Appeals for Nominal Damages Once Compensatory Damages Are Awarded — Commentary on Hammons v. UMMS

Date: Jun 27, 2025
No Double Redress: The Fourth Circuit Bars Appeals for Nominal Damages Once Compensatory Damages Are Awarded 1. Introduction In Jesse Hammons v. University of Maryland Medical System Corporation, the...
Fourth Circuit Tightens Appellate Standing: Compensatory Damages Foreclose Nominal Damages and Declaratory Relief

Fourth Circuit Tightens Appellate Standing: Compensatory Damages Foreclose Nominal Damages and Declaratory Relief

Date: Jun 27, 2025
Compensatory Damages as Full Redress: Hammons v. University of Maryland Medical System Corp. and the Limits of Appellate Standing for Nominal Damages 1. Introduction Jesse Hammons— a transgender man...
United States v. Duane Berry: Affirming Continued § 4241 Custody Post-Dismissal to Facilitate § 4246 Civil Commitment

United States v. Duane Berry: Affirming Continued § 4241 Custody Post-Dismissal to Facilitate § 4246 Civil Commitment

Date: Jun 27, 2025
United States v. Duane Berry: Affirming Continued § 4241 Custody Post-Dismissal to Facilitate § 4246 Civil Commitment Introduction United States v. Duane Berry, No. 24-6385 (4th Cir. June 24 2025),...
Reaffirming the Jurisdictional Limits on Interlocutory Qualified-Immunity Appeals: A Commentary on Calliste v. Lor

Reaffirming the Jurisdictional Limits on Interlocutory Qualified-Immunity Appeals: A Commentary on Calliste v. Lor

Date: Jun 27, 2025
Reaffirming the Jurisdictional Limits on Interlocutory Qualified-Immunity Appeals: A Comprehensive Commentary on Xyavier Calliste v. Officer Xeng Lor (4th Cir. 2025) 1. Introduction Background. On 31...
The Franklin Principle: Relevance-Bound Evidence Requests and “Some Evidence” Sufficiency in Prison Disciplinary Due-Process Review

The Franklin Principle: Relevance-Bound Evidence Requests and “Some Evidence” Sufficiency in Prison Disciplinary Due-Process Review

Date: Jun 27, 2025
The Franklin Principle: Relevance-Bound Evidence Requests and “Some Evidence” Sufficiency in Prison Disciplinary Due-Process Review 1. Introduction Franklin v. Attorney General for the State of New...
“One Bite at the Apple” – The Markley Rule on Claim Preclusion and the Failure to Invoke Diversity Jurisdiction

“One Bite at the Apple” – The Markley Rule on Claim Preclusion and the Failure to Invoke Diversity Jurisdiction

Date: Jun 27, 2025
“One Bite at the Apple” – The Tenth Circuit’s New Rule on Claim Preclusion When a Plaintiff Declines to Plead Existing Diversity Jurisdiction (Markley v. U.S. Bank N.A.) 1. Introduction In Markley v....
United States v. Sanchez-Urias: The Tenth Circuit Clarifies that Appeal-Waiver Exceptions are Triggered by the Sentence Imposed, Not by Guideline-Level Calculations

United States v. Sanchez-Urias: The Tenth Circuit Clarifies that Appeal-Waiver Exceptions are Triggered by the Sentence Imposed, Not by Guideline-Level Calculations

Date: Jun 27, 2025
United States v. Sanchez-Urias: The Tenth Circuit Clarifies that Appeal-Waiver Exceptions are Triggered by the Sentence Imposed, Not by Guideline-Level Calculations 1. Introduction In United States...
United States v. Teerlink: No Contractual “Footnote Escape Hatch” from the Invited-Error Doctrine

United States v. Teerlink: No Contractual “Footnote Escape Hatch” from the Invited-Error Doctrine

Date: Jun 27, 2025
United States v. Teerlink: No Contractual “Footnote Escape Hatch” from the Invited-Error Doctrine Introduction United States v. Teerlink, 94 F.4th ___ (10th Cir. 2025), presented the Tenth Circuit...
“Beyond the Fine Print” – Idaho’s Supreme Court Confirms Broad Judicial Enforcement of Recreational Liability Waivers in Vaughan v. Gateway Parks, LLC (2025)

“Beyond the Fine Print” – Idaho’s Supreme Court Confirms Broad Judicial Enforcement of Recreational Liability Waivers in Vaughan v. Gateway Parks, LLC (2025)

Date: Jun 27, 2025
“Beyond the Fine Print” – Idaho’s Supreme Court Confirms Broad Judicial Enforcement of Recreational Liability Waivers in Vaughan v. Gateway Parks, LLC (2025) 1. Introduction The Idaho Supreme Court’s...
Affirming Judicial Gate-Keeping: The Idaho Supreme Court Clarifies Standards for Vexatious-Litigant Prefiling Orders under ICAR 59

Affirming Judicial Gate-Keeping: The Idaho Supreme Court Clarifies Standards for Vexatious-Litigant Prefiling Orders under ICAR 59

Date: Jun 27, 2025
Affirming Judicial Gate-Keeping: The Idaho Supreme Court Clarifies Standards for Vexatious-Litigant Prefiling Orders under ICAR 59 Introduction Smith v. Hippler, docket no. 51412-2023, is the Idaho...
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