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  • Commentaries
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federal Case Commentaries


        When Rooker-Feldman Stops and Younger Begins:
        Seventh Circuit Holds Foreclosure Judgments Not Yet “Final” 
        Bar Federal Intervention Only Through Younger Abstention

When Rooker-Feldman Stops and Younger Begins: Seventh Circuit Holds Foreclosure Judgments Not Yet “Final” Bar Federal Intervention Only Through Younger Abstention

Date: Jun 18, 2025
When Rooker-Feldman Stops and Younger Begins: Seventh Circuit Clarifies Federal-State Jurisdictional Boundaries in Durga Property Holdings, Inc. v. City of Effingham Introduction The United States...

Scolman v. LaVoie (7th Cir. 2025): Clarifying the Boundary Between Professional Judgment and Deliberate Indifference & the Standard for Appointing Counsel to Pro Se Prisoners

Scolman v. LaVoie (7th Cir. 2025): Clarifying the Boundary Between Professional Judgment and Deliberate Indifference & the Standard for Appointing Counsel to Pro Se Prisoners

Date: Jun 18, 2025
Clarifying the Boundary Between Professional Judgment and Deliberate Indifference & the Standard for Appointing Counsel to Pro Se Prisoners: Commentary on Joshua Scolman v. Daniel LaVoie, 7th Cir....
Reaffirming the “Actual-Knowledge” and Personal-Involvement Requirements in §1983 Failure-to-Protect Litigation – A Commentary on Gibson v. Donaldson (7th Cir. 2025)

Reaffirming the “Actual-Knowledge” and Personal-Involvement Requirements in §1983 Failure-to-Protect Litigation – A Commentary on Gibson v. Donaldson (7th Cir. 2025)

Date: Jun 18, 2025
Reaffirming the “Actual-Knowledge” and Personal-Involvement Requirements in §1983 Failure-to-Protect Litigation – A Commentary on Gibson v. Donaldson (7th Cir. 2025) 1. Introduction The Seventh...
United States v. Zanders – Clarifying the Limited Reach of Drug-Quantity Stipulations and the Continued Strength of Appeal Waivers

United States v. Zanders – Clarifying the Limited Reach of Drug-Quantity Stipulations and the Continued Strength of Appeal Waivers

Date: Jun 18, 2025
United States v. Zanders – Clarifying the Limited Reach of Drug-Quantity Stipulations and the Continued Strength of Appeal Waivers 1. Introduction United States v. Vorheese D. Zanders, No. 24-2087,...
“Enforce” vs. “Defend” & the Survival of Post-Termination Duties: A Commentary on Price v. Scharf Trucking

“Enforce” vs. “Defend” & the Survival of Post-Termination Duties: A Commentary on Price v. Scharf Trucking

Date: Jun 18, 2025
“Enforce” vs. “Defend” & the Survival of Post-Termination Duties: Seventh Circuit Clarifies Contractual Fee-Shifting and Reclamation Deadlines in Price v. Scharf Trucking 1. Introduction The Seventh...
“Enforcement, Not Defence”:  Seventh Circuit Restricts Fee-Shifting and Treats Post-Termination Reclamation as a Continuing Obligation ― Commentary on William Price v. Carri Scharf Trucking, Inc.

“Enforcement, Not Defence”: Seventh Circuit Restricts Fee-Shifting and Treats Post-Termination Reclamation as a Continuing Obligation ― Commentary on William Price v. Carri Scharf Trucking, Inc.

Date: Jun 18, 2025
“Enforcement, Not Defence”: Seventh Circuit Restricts Fee-Shifting and Treats Post-Termination Reclamation as a Continuing Obligation ― Commentary on William Price v. Carri Scharf Trucking, Inc....
“Successful Enforcement” and Continuing Post-Termination Duties:
            The Seventh Circuit’s Dual Clarifications in William Price v. Carri Scharf Trucking, Inc.

“Successful Enforcement” and Continuing Post-Termination Duties: The Seventh Circuit’s Dual Clarifications in William Price v. Carri Scharf Trucking, Inc.

Date: Jun 18, 2025
“Successful Enforcement” and Continuing Post-Termination Duties: The Seventh Circuit’s Dual Clarifications in William Price v. Carri Scharf Trucking, Inc. 1. Introduction The Seventh Circuit’s 2025...
When Continuing Obligations Outlive the Contract and Fee-Shifting Requires Affirmative Enforcement – A Commentary on William Price v. Carri Scharf Trucking, Inc.

When Continuing Obligations Outlive the Contract and Fee-Shifting Requires Affirmative Enforcement – A Commentary on William Price v. Carri Scharf Trucking, Inc.

Date: Jun 18, 2025
When Continuing Obligations Outlive the Contract and Fee-Shifting Requires Affirmative Enforcement Comprehensive Commentary on William Price v. Carri Scharf Trucking, Inc., 7th Cir., 13 June 2025 1....
The Oliveras-Villafañe Doctrine: Waiver on Appeal Where an Alternative Ground Goes Unchallenged

The Oliveras-Villafañe Doctrine: Waiver on Appeal Where an Alternative Ground Goes Unchallenged

Date: Jun 18, 2025
The Oliveras-Villafañe Doctrine: Waiver on Appeal Where an Alternative Ground Goes Unchallenged 1. Introduction Oliveras-Villafañe v. Baxter Healthcare SA, decided by the United States Court of...
No Private Right of Action under the No Surprises Act – Commentary on Guardian Flight v. Health Care Service Corp.

No Private Right of Action under the No Surprises Act – Commentary on Guardian Flight v. Health Care Service Corp.

Date: Jun 18, 2025
No Private Right of Action under the No Surprises Act: Guardian Flight, L.L.C. & Med-Trans Corp. v. Health Care Service Corp. Introduction On 12 June 2025 the U.S. Court of Appeals for the Fifth...
Reinforcing Limited Judicial Review & Arbitral Immunity under the No Surprises Act:  A Commentary on Guardian Flight, L.L.C. v. Aetna Health, Inc. (5th Cir. 2025)

Reinforcing Limited Judicial Review & Arbitral Immunity under the No Surprises Act: A Commentary on Guardian Flight, L.L.C. v. Aetna Health, Inc. (5th Cir. 2025)

Date: Jun 18, 2025
Reinforcing Limited Judicial Review & Arbitral Immunity under the No Surprises Act: A Commentary on Guardian Flight, L.L.C. v. Aetna Health, Inc. (5th Cir. 2025) Introduction The Fifth Circuit’s...
Consolidating Judicial Review under the No Surprises Act: Fifth Circuit Confirms Exclusive FAA Grounds and Extends Arbitral Immunity to Certified IDR Entities

Consolidating Judicial Review under the No Surprises Act: Fifth Circuit Confirms Exclusive FAA Grounds and Extends Arbitral Immunity to Certified IDR Entities

Date: Jun 18, 2025
Consolidating Judicial Review under the No Surprises Act: Fifth Circuit Confirms Exclusive FAA Grounds and Extends Arbitral Immunity to Certified IDR Entities Introduction Guardian Flight, L.L.C. v....
The “Indivisible Negotiation” Doctrine: Fourth Circuit Confirms Broad Federal-Officer Removal Despite State Disclaimers

The “Indivisible Negotiation” Doctrine: Fourth Circuit Confirms Broad Federal-Officer Removal Despite State Disclaimers

Date: Jun 18, 2025
The “Indivisible Negotiation” Doctrine: Fourth Circuit Confirms Broad Federal-Officer Removal Despite State Disclaimers 1. Introduction In State of West Virginia ex rel. Mark A. Hunt v. CaremarkPCS...
United States v. Fozard: Appeal-Waiver Boundaries and the Mandatory Remedy for Rogers Errors

United States v. Fozard: Appeal-Waiver Boundaries and the Mandatory Remedy for Rogers Errors

Date: Jun 18, 2025
United States v. Fozard: Appeal-Waiver Boundaries and the Mandatory Remedy for Rogers Errors Introduction United States v. Antonio Deon Fozard, No. 22-4679 (4th Cir. June 12, 2025) tackles the...
The “Oliver Clarification”: Integrated Sentencing Explanations Suffice for Both Custody and Supervision in Revocation Proceedings

The “Oliver Clarification”: Integrated Sentencing Explanations Suffice for Both Custody and Supervision in Revocation Proceedings

Date: Jun 18, 2025
The “Oliver Clarification”: Integrated Sentencing Explanations Suffice for Both Custody and Supervision in Revocation Proceedings Introduction United States v. Donta Oliver, No. 24-4622 (4th Cir....
Converging Paths at Summary Judgment: The Eleventh Circuit Re-Affirms the Interchangeability of the “McDonnell Douglas” and “Convincing Mosaic” Approaches

Converging Paths at Summary Judgment: The Eleventh Circuit Re-Affirms the Interchangeability of the “McDonnell Douglas” and “Convincing Mosaic” Approaches

Date: Jun 18, 2025
Converging Paths at Summary Judgment: The Eleventh Circuit Re-Affirms the Interchangeability of the “McDonnell Douglas” and “Convincing Mosaic” Approaches Introduction In Amy Sanusi v. Grady Memorial...
County-Level Party Autonomy & Ballot-Question Speech: New First-Amendment Guardrails from Catoosa GOP v. Catoosa County BOE

County-Level Party Autonomy & Ballot-Question Speech: New First-Amendment Guardrails from Catoosa GOP v. Catoosa County BOE

Date: Jun 18, 2025
County-Level Party Autonomy & Ballot-Question Speech: The Eleventh Circuit Establishes First-Amendment Standing for Local Parties and Treats Primary-Ballot Questions as Presumptively Private Speech...
United States v. Cortero-Roman: Eleventh Circuit Demands Full Explanation for “Extraordinary” Upward Variances

United States v. Cortero-Roman: Eleventh Circuit Demands Full Explanation for “Extraordinary” Upward Variances

Date: Jun 18, 2025
United States v. Cortero-Roman: Eleventh Circuit Demands Full Explanation for “Extraordinary” Upward Variances 1. Introduction The Eleventh Circuit’s unpublished decision in United States v. J. Cruz...
United States v. Hood: Affirming Upward Variances for Domestic-Violence Violations of Supervised Release

United States v. Hood: Affirming Upward Variances for Domestic-Violence Violations of Supervised Release

Date: Jun 18, 2025
United States v. Hood: Affirming Upward Variances for Domestic-Violence Violations of Supervised Release Introduction United States v. Antonio L. Hood (6th Cir. 2025) concerns the scope of a district...
Reaffirming the Plaintiff’s Burden on the Clearly-Established Law Prong in Qualified Immunity: A Commentary on Bailey v. Beale (10th Cir. 2025)

Reaffirming the Plaintiff’s Burden on the Clearly-Established Law Prong in Qualified Immunity: A Commentary on Bailey v. Beale (10th Cir. 2025)

Date: Jun 18, 2025
Reaffirming the Plaintiff’s Burden on the Clearly-Established Law Prong in Qualified Immunity A Comprehensive Commentary on Bailey v. Beale, No. 23-7083 (10th Cir. 2025) 1. Introduction Bailey v....
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