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  • Commentaries
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federal Case Commentaries

Intervention Orders as Non‑Appealable Steps Toward Final Judgment: The Fifth Circuit’s Clarification in Johnson v. Stone County Hospital

Intervention Orders as Non‑Appealable Steps Toward Final Judgment: The Fifth Circuit’s Clarification in Johnson v. Stone County Hospital

Date: Dec 10, 2025
Intervention Orders as Non‑Appealable Steps Toward Final Judgment: The Fifth Circuit’s Clarification in Johnson v. Stone County Hospital I. Introduction The Fifth Circuit’s decision in Johnson v....
Realistic Probability, Categorical Child Abuse, and Stop-Time Ineligibility: Commentary on Silva de Santiago v. Bondi (5th Cir. 2025)

Realistic Probability, Categorical Child Abuse, and Stop-Time Ineligibility: Commentary on Silva de Santiago v. Bondi (5th Cir. 2025)

Date: Dec 10, 2025
Realistic Probability, Categorical Child Abuse, and Stop-Time Ineligibility: Commentary on Silva de Santiago v. Bondi (5th Cir. 2025) I. Introduction In Silva de Santiago v. Bondi, No. 25‑60064 (5th...
Berrocal v. Samsung: Legal-Certainty Limits on Magnuson–Moss Amount-in-Controversy in Low-Value Consumer Warranty Suits

Berrocal v. Samsung: Legal-Certainty Limits on Magnuson–Moss Amount-in-Controversy in Low-Value Consumer Warranty Suits

Date: Dec 10, 2025
Berrocal v. Samsung: Legal-Certainty Limits on Magnuson–Moss Amount-in-Controversy in Low-Value Consumer Warranty Suits I. Introduction In Berrocal v. Samsung, No. 25‑50259 (5th Cir. Dec. 4, 2025)...
Plain-Error Limits on Challenging Misstated Criminal History and Bare Arrest Records in Sentencing: Commentary on United States v. Rodriguez‑Jimenez

Plain-Error Limits on Challenging Misstated Criminal History and Bare Arrest Records in Sentencing: Commentary on United States v. Rodriguez‑Jimenez

Date: Dec 10, 2025
Plain-Error Limits on Challenging Misstated Criminal History and Bare Arrest Records in Sentencing: Commentary on United States v. Rodriguez‑Jimenez I. Introduction The Fifth Circuit’s unpublished...
Diversity Allegations, Void Judgments, and Timely Appeals: A Commentary on Williamson v. Wilmington Savings Fund Society

Diversity Allegations, Void Judgments, and Timely Appeals: A Commentary on Williamson v. Wilmington Savings Fund Society

Date: Dec 10, 2025
Diversity Allegations, Void Judgments, and Timely Appeals: A Commentary on Williamson v. Wilmington Savings Fund Society FSB I. Introduction The Fifth Circuit’s unpublished decision in Williamson v....
Limited Remands to Clarify Diversity Jurisdiction: The Fifth Circuit’s Approach in OXEA Corp. v. Certain Underwriters at Lloyd’s

Limited Remands to Clarify Diversity Jurisdiction: The Fifth Circuit’s Approach in OXEA Corp. v. Certain Underwriters at Lloyd’s

Date: Dec 10, 2025
Limited Remands to Clarify Diversity Jurisdiction: The Fifth Circuit’s Approach in OXEA Corp. v. Certain Underwriters at Lloyd’s I. Introduction The Fifth Circuit’s unpublished per curiam decision in...
Finality of Confirmed Chapter 11 Plans and Bankruptcy “Related-To” Jurisdiction: Commentary on Choudhri v. National Bank of Kuwait

Finality of Confirmed Chapter 11 Plans and Bankruptcy “Related-To” Jurisdiction: Commentary on Choudhri v. National Bank of Kuwait

Date: Dec 10, 2025
Finality of Confirmed Chapter 11 Plans and Bankruptcy “Related-To” Jurisdiction: Commentary on Choudhri v. National Bank of Kuwait (5th Cir. Dec. 4, 2025) I. Introduction This Fifth Circuit decision...
Trotter v. Loden: No Constitutional Right to Vacatur Before a Miller-Compliant Juvenile LWOP Hearing

Trotter v. Loden: No Constitutional Right to Vacatur Before a Miller-Compliant Juvenile LWOP Hearing

Date: Dec 10, 2025
Trotter v. Loden: No Constitutional Right to Vacatur Before a Miller-Compliant Juvenile LWOP Hearing I. Introduction The Fifth Circuit’s unpublished per curiam decision in Trotter v. Loden, No....

        Perrotta v. Bank of America: Loan-Modification Paperwork and Oral Foreclosure Postponements Under the Texas Statute of Frauds

Perrotta v. Bank of America: Loan-Modification Paperwork and Oral Foreclosure Postponements Under the Texas Statute of Frauds

Date: Dec 10, 2025
Perrotta v. Bank of America: Loan-Modification Paperwork and Oral Foreclosure Postponements Under the Texas Statute of Frauds I. Introduction In Perrotta v. Bank of America, N.A., No. 24-50948 (5th...
United States v. Rubalcava: Special‑Needs Trusts and Home Equity as “Financial Resources” for AVAA Assessments

United States v. Rubalcava: Special‑Needs Trusts and Home Equity as “Financial Resources” for AVAA Assessments

Date: Dec 10, 2025
United States v. Rubalcava: Special‑Needs Trusts and Home Equity as “Financial Resources” for AVAA Assessments I. Introduction In United States v. Rubalcava, No. 24‑40463 (5th Cir. Dec. 3, 2025), the...
Teaching Explosives to a Known Would‑Be Violent Offender Is Unprotected Speech: Commentary on United States v. Arthur (4th Cir. 2025)

Teaching Explosives to a Known Would‑Be Violent Offender Is Unprotected Speech: Commentary on United States v. Arthur (4th Cir. 2025)

Date: Dec 10, 2025
Teaching Explosives to a Known Would‑Be Violent Offender Is Unprotected Speech: Commentary on United States v. Arthur (4th Cir. 2025) I. Introduction In United States v. Christopher Clark Arthur, No....
Forfeiture, Unconscionability, and Perpetual Coal Leases under West Virginia Law: Commentary on Rockwell Mining, LLC v. Pocahontas Land LLC

Forfeiture, Unconscionability, and Perpetual Coal Leases under West Virginia Law: Commentary on Rockwell Mining, LLC v. Pocahontas Land LLC

Date: Dec 10, 2025
Forfeiture, Unconscionability, and Perpetual Coal Leases under West Virginia Law: Commentary on Rockwell Mining, LLC v. Pocahontas Land LLC Introduction This commentary examines the Fourth Circuit’s...
Forfeiture, Unconscionability, and Long-Term Mineral Leases under West Virginia Law: Commentary on Rockwell Mining, LLC v. Pocahontas Land LLC

Forfeiture, Unconscionability, and Long-Term Mineral Leases under West Virginia Law: Commentary on Rockwell Mining, LLC v. Pocahontas Land LLC

Date: Dec 10, 2025
Forfeiture, Unconscionability, and Long-Term Mineral Leases under West Virginia Law: Commentary on Rockwell Mining, LLC v. Pocahontas Land LLC Introduction The Fourth Circuit’s unpublished decision...
Design Gaps v. Distinctive Design: Broad Preclusive Effect of State‑Confirmed Arbitration Awards and Rigorous Use of Laches

Design Gaps v. Distinctive Design: Broad Preclusive Effect of State‑Confirmed Arbitration Awards and Rigorous Use of Laches

Date: Dec 10, 2025
Design Gaps v. Distinctive Design: Broad Preclusive Effect of State‑Confirmed Arbitration Awards and Rigorous Use of Laches I. Introduction In Design Gaps, Inc. v. Distinctive Design & Construction...
Citizen-Informant Trespass Tips and Repeated Hand-in-Pocket Movements as Grounds for Terry Stops and Frisks: Commentary on United States v. Devin Travis

Citizen-Informant Trespass Tips and Repeated Hand-in-Pocket Movements as Grounds for Terry Stops and Frisks: Commentary on United States v. Devin Travis

Date: Dec 10, 2025
Citizen-Informant Trespass Tips and Repeated Hand-in-Pocket Movements as Grounds for Terry Stops and Frisks: Commentary on United States v. Devin Travis (3d Cir. 2025) I. Introduction The Third...
Structural Challenges to NLRB Proceedings as “Cases Growing Out of a Labor Dispute”: Commentary on Spring Creek Rehabilitation & Nursing Center LLC v. NLRB

Structural Challenges to NLRB Proceedings as “Cases Growing Out of a Labor Dispute”: Commentary on Spring Creek Rehabilitation & Nursing Center LLC v. NLRB

Date: Dec 10, 2025
Structural Challenges to NLRB Proceedings as “Cases Growing Out of a Labor Dispute”: Commentary on Spring Creek Rehabilitation & Nursing Center LLC v. NLRB (3d Cir. Dec. 3, 2025) I. Introduction In...
State Residency Limits on Medical Aid in Dying and the Privileges and Immunities Clause: Commentary on Dr. Paul Bryman v. Phil Murphy

State Residency Limits on Medical Aid in Dying and the Privileges and Immunities Clause: Commentary on Dr. Paul Bryman v. Phil Murphy

Date: Dec 10, 2025
State Residency Limits on Medical Aid in Dying and the Privileges and Immunities Clause: Commentary on Dr. Paul Bryman v. Phil Murphy 1. Introduction The Third Circuit’s precedential decision in Dr....
Otero v. Kane: Refining Substantive Due Process Standards for Police Pursuits and Bystander Injuries

Otero v. Kane: Refining Substantive Due Process Standards for Police Pursuits and Bystander Injuries

Date: Dec 10, 2025
Otero v. Kane: Refining Substantive Due Process Standards for Police Pursuits and Bystander Injuries I. Introduction In Joshua Otero v. Christian Kane, the United States Court of Appeals for the...
Refinancing Estate Property and Voluntary Dismissal Under § 707(a): The Tenth Circuit’s Guidance in McGann v. Jagow

Refinancing Estate Property and Voluntary Dismissal Under § 707(a): The Tenth Circuit’s Guidance in McGann v. Jagow

Date: Dec 10, 2025
Refinancing Estate Property and Voluntary Dismissal Under § 707(a): The Tenth Circuit’s Guidance in McGann v. Jagow I. Introduction The Tenth Circuit’s nonprecedential order in McGann v. Jagow, Nos....
Tenth Circuit Clarifies Limits on Voluntary Dismissal of Chapter 7 Cases and Enforcement of Turnover Orders: Commentary on McGann v. Jagow

Tenth Circuit Clarifies Limits on Voluntary Dismissal of Chapter 7 Cases and Enforcement of Turnover Orders: Commentary on McGann v. Jagow

Date: Dec 10, 2025
Tenth Circuit Clarifies Limits on Voluntary Dismissal of Chapter 7 Cases and Enforcement of Turnover Orders: Commentary on McGann v. Jagow I. Introduction This commentary examines the Tenth Circuit’s...
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