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ex-parte-yerger:-supreme-court& Case Commentaries

“No Entity, No Title”: Wyoming Affirms That Estoppel-by-Deed Cannot Validate a Conveyance to a Non-Existent Corporation

“No Entity, No Title”: Wyoming Affirms That Estoppel-by-Deed Cannot Validate a Conveyance to a Non-Existent Corporation

Date: Aug 13, 2025
“No Entity, No Title”: Wyoming Affirms That Estoppel-by-Deed Cannot Validate a Conveyance to a Non-Existent Corporation Introduction In Kenneth R. Minshall v. Robin Griffin & Joy Osbon, 2025 WY 90,...
Hawaiʻi Supreme Court Clarifies a 20-Year Statute of Limitations for Mortgage Foreclosure Actions

Hawaiʻi Supreme Court Clarifies a 20-Year Statute of Limitations for Mortgage Foreclosure Actions

Date: Aug 13, 2025
Hawaiʻi Supreme Court Clarifies a 20-Year Statute of Limitations for Mortgage Foreclosures Introduction In The Bank of New York Mellon v. White, SCWC-21-0000400 (Aug. 7 2025), the Hawaiʻi Supreme...
Boehringer v. HHS – The Second Circuit Re-Affirms the “Voluntary Participation” Doctrine and Upholds IRA Drug-Price Negotiations

Boehringer v. HHS – The Second Circuit Re-Affirms the “Voluntary Participation” Doctrine and Upholds IRA Drug-Price Negotiations

Date: Aug 13, 2025
Boehringer Ingelheim Pharmaceuticals, Inc. v. Department of Health & Human Services (2d Cir. 2025) Clarifying Voluntary Participation, Unconstitutional Conditions, and APA Exemption under the...
The “Substantial-Interdependence” Rule: Second Circuit Allows Joinder of Fraud and Tax Counts and Declines Per-Se Ineffective-Counsel Claim in United States v. Wynder

The “Substantial-Interdependence” Rule: Second Circuit Allows Joinder of Fraud and Tax Counts and Declines Per-Se Ineffective-Counsel Claim in United States v. Wynder

Date: Aug 13, 2025
The “Substantial-Interdependence” Rule: Second Circuit Allows Joinder of Fraud and Tax Counts and Declines Per-Se Ineffective-Counsel Claim in United States v. Wynder 1. Introduction In United States...
“Current Asylum Status” as a Condition Precedent to Adjustment of Status:  An In-Depth Commentary on Wassily & Velasquez Arreaga v. Bondi (2d Cir. 2025)

“Current Asylum Status” as a Condition Precedent to Adjustment of Status: An In-Depth Commentary on Wassily & Velasquez Arreaga v. Bondi (2d Cir. 2025)

Date: Aug 13, 2025
“Current Asylum Status” as a Condition Precedent to Adjustment of Status A Comprehensive Commentary on Wassily v. Bondi; Velasquez Arreaga v. Bondi, 2d Cir., 7 Aug 2025 Introduction On 7 August 2025...
“Mouse-Clicks, Not Private Facts” – Third Circuit Declares Non-Personal Session-Replay Tracking Insufficient for Article III Standing

“Mouse-Clicks, Not Private Facts” – Third Circuit Declares Non-Personal Session-Replay Tracking Insufficient for Article III Standing

Date: Aug 13, 2025
“Mouse-Clicks, Not Private Facts” – Third Circuit Declares Non-Personal Session-Replay Tracking Insufficient for Article III Standing 1. Introduction In Amber Cook v. GameStop Inc., the United States...
Affirming the Threshold for Access-to-Courts Injury and Other Prisoner-Civil-Rights Limits: A Commentary on Jones v. Harry (3d Cir. 2025)

Affirming the Threshold for Access-to-Courts Injury and Other Prisoner-Civil-Rights Limits: A Commentary on Jones v. Harry (3d Cir. 2025)

Date: Aug 13, 2025
Affirming the Threshold for Access-to-Courts Injury and Other Prisoner-Civil-Rights Limits: A Commentary on Jones v. Harry (3d Cir. 2025) 1. Introduction Background. In James Jones v. Harry, an...
Collateral-Order Review of “Favorable Termination” in Malicious-Prosecution Immunity Appeals: Commentary on Marcus Boone v. City of Elizabeth

Collateral-Order Review of “Favorable Termination” in Malicious-Prosecution Immunity Appeals: Commentary on Marcus Boone v. City of Elizabeth

Date: Aug 13, 2025
Collateral-Order Review of “Favorable Termination” in Malicious-Prosecution Immunity Appeals Commentary on Marcus Boone v. City of Elizabeth, 69 F.4th ___ (3d Cir. 2025) I. Introduction The Third...
Boone v. City of Elizabeth: Limiting Interlocutory Appeals and Re-defining “Favorable Termination” after Thompson v. Clark

Boone v. City of Elizabeth: Limiting Interlocutory Appeals and Re-defining “Favorable Termination” after Thompson v. Clark

Date: Aug 13, 2025
Boone v. City of Elizabeth: Limiting Interlocutory Appeals and Re-defining “Favorable Termination” after Thompson v. Clark 1. Introduction In Marcus Boone v. City of Elizabeth, the United States...
“Retreating-Armed-Suspect” Qualified-Immunity Rule – A Commentary on Carico v. Bristow (5th Cir. 2025)

“Retreating-Armed-Suspect” Qualified-Immunity Rule – A Commentary on Carico v. Bristow (5th Cir. 2025)

Date: Aug 13, 2025
“Retreating-Armed-Suspect” Qualified-Immunity Rule Commentary on Carico v. Bristow, No. 24-40239 (5th Cir. Aug. 7, 2025) 1. Introduction Carico v. Bristow addresses an increasingly common policing...
Ferrara v. Swonke – Fifth Circuit Affirms Preclusion of Re-Filed § 1983 Claims and Clarifies Threshold for Vexatious-Litigant Injunctions

Ferrara v. Swonke – Fifth Circuit Affirms Preclusion of Re-Filed § 1983 Claims and Clarifies Threshold for Vexatious-Litigant Injunctions

Date: Aug 13, 2025
Ferrara v. Swonke – Fifth Circuit Affirms Preclusion of Re-Filed § 1983 Claims and Clarifies Threshold for Vexatious-Litigant Injunctions Introduction The United States Court of Appeals for the Fifth...
Forfeiture of Untimely Statute-of-Limitations Arguments and Futility of Amendment: A Commentary on Kode v. Pargin (5th Cir. 2025)

Forfeiture of Untimely Statute-of-Limitations Arguments and Futility of Amendment: A Commentary on Kode v. Pargin (5th Cir. 2025)

Date: Aug 13, 2025
Forfeiture of Untimely Statute-of-Limitations Arguments and Futility of Amendment: A Structured Commentary on Kode v. Pargin, No. 24-50759 (5th Cir. Aug. 7 2025) 1. Introduction The Fifth Circuit’s...
“Minutes Rule Trumps Judicial Estoppel”: A Commentary on Retro Metro, LLC v. City of Jackson

“Minutes Rule Trumps Judicial Estoppel”: A Commentary on Retro Metro, LLC v. City of Jackson

Date: Aug 13, 2025
“Minutes Rule Trumps Judicial Estoppel”: A Comprehensive Commentary on the Fifth Circuit’s Decision in Retro Metro, LLC v. City of Jackson 1. Introduction The United States Court of Appeals for the...
Residual Pollution Is Not a Continuing Violation: Fifth Circuit Reaffirms “Hamker Rule” in Save the Cutoff v. Iron River

Residual Pollution Is Not a Continuing Violation: Fifth Circuit Reaffirms “Hamker Rule” in Save the Cutoff v. Iron River

Date: Aug 13, 2025
Residual Pollution Is Not a Continuing Violation: Fifth Circuit Reaffirms “Hamker Rule” in Save the Cutoff v. Iron River Introduction On 7 August 2025, the United States Court of Appeals for the...
The Richburg Clarification: Fifth Circuit Tightens the Pre-Judgment Standard for Showing Prejudice in Plea-Related Ineffective-Assistance Claims

The Richburg Clarification: Fifth Circuit Tightens the Pre-Judgment Standard for Showing Prejudice in Plea-Related Ineffective-Assistance Claims

Date: Aug 13, 2025
The Richburg Clarification: Fifth Circuit Tightens the Pre-Judgment Standard for Showing Prejudice in Plea-Related Ineffective-Assistance Claims Introduction In United States v. Richburg, No....
Clarifying “Dangerous and Unusual”: Sixth Circuit Affirms Constitutionality of the Federal Machine-Gun Ban After Bruen

Clarifying “Dangerous and Unusual”: Sixth Circuit Affirms Constitutionality of the Federal Machine-Gun Ban After Bruen

Date: Aug 13, 2025
Clarifying “Dangerous and Unusual”: Sixth Circuit Affirms Constitutionality of the Federal Machine-Gun Ban After Bruen 1. Introduction Court: U.S. Court of Appeals for the Sixth Circuit | Caption:...
Eleventh Circuit Clarifies: No Heightened Pleading Standard for Breach-of-Contract Claims under Rule 8(a)

Eleventh Circuit Clarifies: No Heightened Pleading Standard for Breach-of-Contract Claims under Rule 8(a)

Date: Aug 13, 2025
Eleventh Circuit Clarifies: No Heightened Pleading Standard for Breach-of-Contract Claims under Rule 8(a) Introduction In Caterpillar Financial Services Corp. v. Venequip Machinery Sales Corp., No....
Eleventh Circuit Demands Offence-Specific § 3292 Tolling:  A Deep Dive into United States v. Mark Gyetvay

Eleventh Circuit Demands Offence-Specific § 3292 Tolling: A Deep Dive into United States v. Mark Gyetvay

Date: Aug 13, 2025
Eleventh Circuit Demands Offence-Specific § 3292 Tolling: A Deep Dive into United States v. Mark Gyetvay 1. Introduction The Eleventh Circuit’s published opinion in United States v. Mark Gyetvay,...
Eleventh Circuit Demands Offence-Specific §3292 Tolling Applications: A Commentary on United States v. Mark Gyetvay

Eleventh Circuit Demands Offence-Specific §3292 Tolling Applications: A Commentary on United States v. Mark Gyetvay

Date: Aug 13, 2025
Eleventh Circuit Demands Offence-Specific § 3292 Tolling Applications: A Commentary on United States v. Mark Gyetvay Introduction On 7 August 2025 the United States Court of Appeals for the Eleventh...
Fiddler v. Bondi: Clarifying the “Symbiotic” Link Between Specific-Intent and Proscribed-Purpose in CAT Claims

Fiddler v. Bondi: Clarifying the “Symbiotic” Link Between Specific-Intent and Proscribed-Purpose in CAT Claims

Date: Aug 13, 2025
Fiddler v. Bondi: Clarifying the “Symbiotic” Link Between Specific-Intent and Proscribed-Purpose in CAT Claims Introduction In David Japheth Fiddler v. Pamela J. Bondi (7th Cir. Aug. 7, 2025, No....
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