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  • Commentaries
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federal Case Commentaries


“Material Amendments Reset the Clock” – The Tenth Circuit’s Clarification that a
Materially-Amended Judgment, not the Initial Judgment, Triggers Utah’s Eight-Year
Enforcement Period, and that Statutory Stays Toll that Period (EarthGrains Baking
Companies v. Sycamore Family Bakery, 10th Cir. 2025)

“Material Amendments Reset the Clock” – The Tenth Circuit’s Clarification that a Materially-Amended Judgment, not the Initial Judgment, Triggers Utah’s Eight-Year Enforcement Period, and that Statutory Stays Toll that Period (EarthGrains Baking Companies v. Sycamore Family Bakery, 10th Cir. 2025)

Date: Jun 18, 2025
“Material Amendments Reset the Clock” – The Tenth Circuit’s Clarification that a Materially-Amended Judgment, not the Initial Judgment, Triggers Utah’s Eight-Year Enforcement Period, and that...
Grunt Style LLC v. TWD, LLC: Treating Omitted Counter-claims as a Rule 60(a) Clerical Error – A Streamlined Remand Procedure Without a New Notice of Appeal

Grunt Style LLC v. TWD, LLC: Treating Omitted Counter-claims as a Rule 60(a) Clerical Error – A Streamlined Remand Procedure Without a New Notice of Appeal

Date: Jun 18, 2025
Grunt Style LLC v. TWD, LLC: Treating Omitted Counter-claims as a Rule 60(a) Clerical Error – A Streamlined Remand Procedure Without a New Notice of Appeal Introduction In Grunt Style LLC v. TWD,...
Restoring Clarity to Final Judgments: Seventh Circuit Defines Procedure for Correcting Rule 58 Omissions and Handling Duplicative Appeals

Restoring Clarity to Final Judgments: Seventh Circuit Defines Procedure for Correcting Rule 58 Omissions and Handling Duplicative Appeals

Date: Jun 18, 2025
Restoring Clarity to Final Judgments: Seventh Circuit Defines Procedure for Correcting Rule 58 Omissions and Handling Duplicative Appeals Introduction Grunt Style LLC v. TWD, LLC, Nos. 25-1305 &...

        “No-Hearing Where No-Fact-Dispute” Doctrine & Continued Protection for Transgender Students:
        A Commentary on Jane Doe (D.P.) v. Mukwonago Area School District, 7th Cir. (2025)

“No-Hearing Where No-Fact-Dispute” Doctrine & Continued Protection for Transgender Students: A Commentary on Jane Doe (D.P.) v. Mukwonago Area School District, 7th Cir. (2025)

Date: Jun 18, 2025
“No-Hearing Where No-Fact-Dispute” Doctrine & Continued Protection for Transgender Students Commentary on Jane Doe (D.P.) v. Mukwonago Area School District, Court of Appeals for the Seventh Circuit...
Oye v. Hartford Life: Seventh Circuit Clarifies District Courts’ Obligations in De Novo ERISA Reviews under Rule 52(a)

Oye v. Hartford Life: Seventh Circuit Clarifies District Courts’ Obligations in De Novo ERISA Reviews under Rule 52(a)

Date: Jun 18, 2025
Oye v. Hartford Life: Seventh Circuit Clarifies District Courts’ Obligations in De Novo ERISA Reviews under Rule 52(a) Introduction In Olayinka Oye v. Hartford Life and Accident Insurance Company,...
“One Standard for All” – The Supreme Court Abolishes the “Bad-Faith or Gross-Misjudgment” Hurdle in ADA & §504 Education Cases

“One Standard for All” – The Supreme Court Abolishes the “Bad-Faith or Gross-Misjudgment” Hurdle in ADA & §504 Education Cases

Date: Jun 18, 2025
“One Standard for All” – The Supreme Court Abolishes the “Bad-Faith or Gross-Misjudgment” Hurdle in ADA & §504 Education Cases Introduction In A. J. T. v. Osseo Area Schools, Indep. Sch. Dist....
“When the Levy Vanishes, So Does Jurisdiction” –  Commissioner v. Zuch and the New Limits on Tax Court Review under 26 U.S.C. § 6330

“When the Levy Vanishes, So Does Jurisdiction” – Commissioner v. Zuch and the New Limits on Tax Court Review under 26 U.S.C. § 6330

Date: Jun 18, 2025
“When the Levy Vanishes, So Does Jurisdiction” – Commissioner v. Zuch and the New Limits on Tax Court Review under 26 U.S.C. § 6330 I. Introduction Commissioner of Internal Revenue v. Zuch, 605 U.S....

    Narrowing the FTCA Exceptions: Martin v. United States
    Establishes that the “Law-Enforcement Proviso” Overrides
    Only §2680(h) and Rejects a Supremacy-Clause Defense

Narrowing the FTCA Exceptions: Martin v. United States Establishes that the “Law-Enforcement Proviso” Overrides Only §2680(h) and Rejects a Supremacy-Clause Defense

Date: Jun 18, 2025
Narrowing the FTCA Exceptions: Martin v. United States (2025) Clarifies the Limited Reach of the “Law-Enforcement Proviso” and Eliminates the Eleventh Circuit’s Supremacy-Clause Defense I....
The Forward-Relation Doctrine Extended: No Second Notice Required After Reopening Appeal Time under 28 U.S.C. §2107(c)

The Forward-Relation Doctrine Extended: No Second Notice Required After Reopening Appeal Time under 28 U.S.C. §2107(c)

Date: Jun 18, 2025
The Forward-Relation Doctrine Extended: No Second Notice Required After Reopening Appeal Time under 28 U.S.C. §2107(c) Introduction Parrish v. United States (605 U.S. ___ (2025)) is the Supreme...

        “Final-Judgment Finality” – Rivers v. Guerrero Settles When a 
        Habeas Filing Becomes “Second or Successive” under AEDPA

“Final-Judgment Finality” – Rivers v. Guerrero Settles When a Habeas Filing Becomes “Second or Successive” under AEDPA

Date: Jun 18, 2025
“Final-Judgment Finality” – Rivers v. Guerrero Settles When a Habeas Filing Becomes “Second or Successive” under AEDPA Introduction Rivers v. Guerrero, 605 U.S. ___ (2025), resolves a long-standing...
“Beyond Magic Words” –  Soto v. United States and the Re-Configuration of the Barring Act’s “Another Law” Exception

“Beyond Magic Words” – Soto v. United States and the Re-Configuration of the Barring Act’s “Another Law” Exception

Date: Jun 18, 2025
“Beyond Magic Words” – Soto v. United States (2025) and the Re-Configuration of the Barring Act’s “Another Law” Exception Introduction In Soto v. United States, 605 U.S. ___ (2025), a unanimous...
Voluntary Procurement Is Not Enough: Third Circuit Narrows the “Acting-Under” Doctrine for Federal-Officer Removal

Voluntary Procurement Is Not Enough: Third Circuit Narrows the “Acting-Under” Doctrine for Federal-Officer Removal

Date: Jun 18, 2025
Voluntary Procurement Is Not Enough: Third Circuit Narrows the “Acting-Under” Doctrine for Federal-Officer Removal (Commentary on Attorney General of New Jersey v. Dow Chemical Co., 3d Cir., 11 June...

        The Ngambo Clarification: Rejecting CCPA-Based Nationwide Jurisdiction and Re-affirming
        RICO’s “Ends-of-Justice” Prerequisite in the Third Circuit

The Ngambo Clarification: Rejecting CCPA-Based Nationwide Jurisdiction and Re-affirming RICO’s “Ends-of-Justice” Prerequisite in the Third Circuit

Date: Jun 18, 2025
The Ngambo Clarification: Rejecting CCPA-Based Nationwide Jurisdiction and Re-affirming RICO’s “Ends-of-Justice” Prerequisite in the Third Circuit Introduction Case: Jules Ngambo v. New York State...
Clarifying the Limits of “Satisfaction” and “Settlement” Clauses in Chapter 11 Plans: A Commentary on Atlantic Maritime v. QuarterNorth Energy

Clarifying the Limits of “Satisfaction” and “Settlement” Clauses in Chapter 11 Plans: A Commentary on Atlantic Maritime v. QuarterNorth Energy

Date: Jun 18, 2025
Clarifying the Limits of “Satisfaction” and “Settlement” Clauses in Chapter 11 Plans: Atlantic Maritime v. QuarterNorth Energy Introduction Atlantic Maritime Services, L.L.C. (“Atlantic”) and...
Fourth Circuit Aligns Title IX Limitations Period with South Carolina’s General Personal-Injury Statute: Commentary on E.R. v. Beaufort County School District

Fourth Circuit Aligns Title IX Limitations Period with South Carolina’s General Personal-Injury Statute: Commentary on E.R. v. Beaufort County School District

Date: Jun 18, 2025
Fourth Circuit Aligns Title IX Limitations Period with South Carolina’s General Personal-Injury Statute: An In-Depth Commentary on E.R. v. Beaufort County School District I. Introduction In E.R. v....
Zheng v. Bondi – The Second Circuit’s Reinforced Approach to Cumulative Inconsistencies and Corroborative Evidence in Immigration Credibility Determinations

Zheng v. Bondi – The Second Circuit’s Reinforced Approach to Cumulative Inconsistencies and Corroborative Evidence in Immigration Credibility Determinations

Date: Jun 18, 2025
Zheng v. Bondi – The Second Circuit’s Reinforced Approach to Cumulative Inconsistencies and Corroborative Evidence in Immigration Credibility Determinations 1. Introduction In Zheng v. Bondi, No....

United States v. Hines: Shifting the Burden—Defendants Must Prove Governmental Involvement in Private Digital Searches

United States v. Hines: Shifting the Burden—Defendants Must Prove Governmental Involvement in Private Digital Searches

Date: Jun 18, 2025
United States v. Hines: Shifting the Burden—Defendants Must Prove Governmental Involvement in Private Digital Searches 1. Introduction United States v. Hines, No. 23-7032-cr (2d Cir. 2025), concerns...
Reid Clarifies Eleventh Circuit’s “Time-of-State-Conviction” Rule for Career-Offender Enhancements

Reid Clarifies Eleventh Circuit’s “Time-of-State-Conviction” Rule for Career-Offender Enhancements

Date: Jun 18, 2025
Reid Clarifies Eleventh Circuit’s “Time-of-State-Conviction” Rule for Career-Offender Enhancements Introduction In United States v. Antonio Reid, No. 24-11000 (11th Cir. June 11, 2025), the Eleventh...
Eleventh Circuit Clarifies “Substantial Step” & § 3553(a) Balancing in Online Child-Enticement Cases – Commentary on United States v. William Leonard

Eleventh Circuit Clarifies “Substantial Step” & § 3553(a) Balancing in Online Child-Enticement Cases – Commentary on United States v. William Leonard

Date: Jun 18, 2025
Eleventh Circuit Clarifies “Substantial Step” & § 3553(a) Balancing in Online Child-Enticement Cases – United States v. William Leonard Introduction United States v. William Leonard, No. 24-11435...
Bell v. Leavenworth: Post-Egbert Foreclosure of Bivens First-Amendment Claims and the Futility of FTCA Amendments Without Physical Injury

Bell v. Leavenworth: Post-Egbert Foreclosure of Bivens First-Amendment Claims and the Futility of FTCA Amendments Without Physical Injury

Date: Jun 18, 2025
Bell v. Leavenworth: Post-Egbert Foreclosure of Bivens First-Amendment Claims and the Futility of FTCA Amendments Without Physical Injury Introduction Orlando Bell, a federal prisoner once housed at...
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