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guardian-ad-litem&amp Case Commentaries

Evers v. Marklein: Wisconsin Adopts the Chadha Standard— Legislative Vetoes of Administrative Rules Declared Unconstitutional

Evers v. Marklein: Wisconsin Adopts the Chadha Standard— Legislative Vetoes of Administrative Rules Declared Unconstitutional

Date: Jul 9, 2025
Evers v. Marklein: Wisconsin Adopts the Chadha Standard— Legislative Vetoes of Administrative Rules Declared Unconstitutional 1. Introduction In Evers v. Marklein, 2025 WI 36, the Supreme Court of...
Mandatory Attorney’s-Fee Awards in Certificate-of-Need Litigation Confined to Chancery-Court Appeals: Commentary on Mississippi Methodist Hosp. & Rehab. Ctr. v. MSDH (Miss. 2025)

Mandatory Attorney’s-Fee Awards in Certificate-of-Need Litigation Confined to Chancery-Court Appeals: Commentary on Mississippi Methodist Hosp. & Rehab. Ctr. v. MSDH (Miss. 2025)

Date: Jul 9, 2025
Mandatory Attorney’s-Fee Awards in Certificate-of-Need Litigation Confined to Chancery-Court Appeals A Comprehensive Commentary on Mississippi Methodist Hospital & Rehabilitation Center Inc. v. MSDH...

        “No Fee Without Privity” – Mississippi Supreme Court Forecloses
        Third-Party-Beneficiary, Quantum-Meruit and Common-Fund Claims by
        Associated Counsel against the State

“No Fee Without Privity” – Mississippi Supreme Court Forecloses Third-Party-Beneficiary, Quantum-Meruit and Common-Fund Claims by Associated Counsel against the State

Date: Jul 9, 2025
“No Fee Without Privity” – Mississippi Supreme Court Forecloses Third-Party-Beneficiary, Quantum-Meruit and Common-Fund Claims by Associated Counsel against the State Introduction In Roedel Parsons...
The “Depicted-Access Facilities” Doctrine: Alabama Supreme Court Clarifies When Easement Alterations Require Unanimous Consent

The “Depicted-Access Facilities” Doctrine: Alabama Supreme Court Clarifies When Easement Alterations Require Unanimous Consent

Date: Jul 9, 2025
The “Depicted-Access Facilities” Doctrine: Alabama Supreme Court Clarifies When Easement Alterations Require Unanimous Consent Introduction 790 Montclair, LLC v. The Station at Crestline Heights, LLC...
No Personal Jurisdiction Through Plaintiff-Selected Counsel: An Analysis of ECB USA, Inc. v. Savencia Cheese USA, LLC

No Personal Jurisdiction Through Plaintiff-Selected Counsel: An Analysis of ECB USA, Inc. v. Savencia Cheese USA, LLC

Date: Jul 9, 2025
No Personal Jurisdiction Through Plaintiff-Selected Counsel: ECB USA, Inc. v. Savencia Cheese USA, LLC Introduction On 8 July 2025 the United States Court of Appeals for the Eleventh Circuit decided...
Adverse Possession Uninterrupted by Federal Forfeiture: Commentary on New Phase Realty, LLC v. Fournier

Adverse Possession Uninterrupted by Federal Forfeiture: Commentary on New Phase Realty, LLC v. Fournier

Date: Jul 9, 2025
Adverse Possession Uninterrupted by Federal Forfeiture: A Comprehensive Commentary on New Phase Realty, LLC v. Jeremy J. Fournier (R.I. 2025) 1. Introduction In New Phase Realty, LLC v. Fournier, the...
Evers v. Marklein: Wisconsin Supreme Court Abolishes the Legislative Veto over Administrative Rules

Evers v. Marklein: Wisconsin Supreme Court Abolishes the Legislative Veto over Administrative Rules

Date: Jul 9, 2025
Evers v. Marklein (2025 WI 36): Wisconsin Supreme Court Abolishes the Legislative Veto over Administrative Rules 1  Introduction Case name: Tony Evers v. Howard Marklein Court: Supreme Court of...
Acevedo Does Not Curtail Bankruptcy Courts’ Power to Retroactively Annul Automatic Stays – A Commentary on Rajesh C. Patel v. Rishi M. Patel (11th Cir. 2025)

Acevedo Does Not Curtail Bankruptcy Courts’ Power to Retroactively Annul Automatic Stays – A Commentary on Rajesh C. Patel v. Rishi M. Patel (11th Cir. 2025)

Date: Jul 9, 2025
Acevedo Does Not Curtail Bankruptcy Courts’ Power to Retroactively Annul Automatic Stays (Commentary on Rajesh C. Patel v. Rishi M. Patel, 23-12847, 11th Cir., 8 July 2025) I. Introduction The...
“Concrete Proof, Not Conclusory Allegations” – The Eleventh Circuit Tightens the Bad-Faith Exception to Younger Abstention

“Concrete Proof, Not Conclusory Allegations” – The Eleventh Circuit Tightens the Bad-Faith Exception to Younger Abstention

Date: Jul 8, 2025
“Concrete Proof, Not Conclusory Allegations” – The Eleventh Circuit Tightens the Bad-Faith Exception to Younger Abstention Introduction Belinda Anglon Wells, Calvin Dewayne Wells, and their daughter...
Collateral Estoppel and the Finality of Court-Approved Settlement Agreements:  A Commentary on Martha C. Harris v. Wells Fargo Bank, N.A.

Collateral Estoppel and the Finality of Court-Approved Settlement Agreements: A Commentary on Martha C. Harris v. Wells Fargo Bank, N.A.

Date: Jul 8, 2025
Collateral Estoppel and the Finality of Court-Approved Settlement Agreements: A Commentary on Martha C. Harris v. Wells Fargo Bank, N.A. Introduction The Eleventh Circuit’s unpublished per curiam...
“Time-of-State-Conviction” Reaffirmed: Career-Offender Predicates and United States v. Alacaliph Woodard

“Time-of-State-Conviction” Reaffirmed: Career-Offender Predicates and United States v. Alacaliph Woodard

Date: Jul 8, 2025
“Time-of-State-Conviction” Reaffirmed: Career-Offender Predicates and United States v. Alacaliph Woodard 1. Introduction The Eleventh Circuit’s unpublished decision in United States v. Alacaliph...
United States v. Angelo Williams: Terse Sentencing Explanations Suffice for Within-Guidelines Sentences under Steiger

United States v. Angelo Williams: Terse Sentencing Explanations Suffice for Within-Guidelines Sentences under Steiger

Date: Jul 8, 2025
United States v. Angelo Williams: Terse Sentencing Explanations Suffice for Within-Guidelines Sentences under Steiger Introduction United States v. Angelo Williams, No. 24-11023 (11th Cir. July 7,...
United States v. Whidden – Eleventh Circuit Re-Affirms Kushmaul and Clarifies the Categorical Test for § 2252A Recidivist Enhancements

United States v. Whidden – Eleventh Circuit Re-Affirms Kushmaul and Clarifies the Categorical Test for § 2252A Recidivist Enhancements

Date: Jul 8, 2025
United States v. Whidden – Eleventh Circuit Re-Affirms Kushmaul and Clarifies the Categorical Test for § 2252A Recidivist Enhancements Introduction In United States v. Donovan E. Whidden, the...
Re-affirming Deferential Appellate Review of Career-Offender Sentences: United States v. Parker

Re-affirming Deferential Appellate Review of Career-Offender Sentences: United States v. Parker

Date: Jul 8, 2025
Re-affirming Deferential Appellate Review of Career-Offender Sentences: United States v. Jessie Anthony Parker Introduction United States v. Jessie Anthony Parker, No. 24-11140 (11th Cir. July 7...
United States v. Andrews – Elevating the “Bona-Fide Doubt” Standard and Closing the Door on Extra-Record Evidence

United States v. Andrews – Elevating the “Bona-Fide Doubt” Standard and Closing the Door on Extra-Record Evidence

Date: Jul 8, 2025
United States v. Andrews – Elevating the “Bona-Fide Doubt” Standard and Closing the Door on Extra-Record Evidence 1. Introduction In United States v. Lonnise Andrews, No. 24-10334 (11th Cir. 2025)...
“Standing, Not Merits”: Sixth Circuit Re-affirms the Wall between Article III Standing and State-Law Causes of Action in Stewart v. Martin

“Standing, Not Merits”: Sixth Circuit Re-affirms the Wall between Article III Standing and State-Law Causes of Action in Stewart v. Martin

Date: Jul 8, 2025
“Standing, Not Merits”: Sixth Circuit Re-affirms the Wall between Article III Standing and State-Law Causes of Action in Stewart v. Martin 1. Introduction Court & Date: United States Court of Appeals...
“Standing Without a Cause?” – Sixth Circuit Re-Affirms the Firewall between Article III Standing and State-Law Causes of Action (Commentary on Stewart v. Martin, 25 F.4th ___ (6th Cir. 2025))

“Standing Without a Cause?” – Sixth Circuit Re-Affirms the Firewall between Article III Standing and State-Law Causes of Action (Commentary on Stewart v. Martin, 25 F.4th ___ (6th Cir. 2025))

Date: Jul 8, 2025
“Standing Without a Cause?” – Sixth Circuit Re-Affirms the Firewall between Article III Standing and State-Law Causes of Action Comprehensive Commentary on Stewart v. Martin, Nos. 24-3648/3708 (6th...
Livingston v. Livingston Music: Preclusive Effect of State Probate Orders on §203 Copyright-Termination Challenges

Livingston v. Livingston Music: Preclusive Effect of State Probate Orders on §203 Copyright-Termination Challenges

Date: Jul 8, 2025
Livingston v. Livingston Music: Preclusive Effect of State Probate Orders on §203 Copyright-Termination Challenges Introduction The decision in Tammy Livingston v. Jay Livingston Music, Inc.,...
“Beyond the Score”: Sixth Circuit Re-Affirms Broad Sentencing Discretion to Up-Variance on Recidivism Grounds — Commentary on United States v. Timothy Noble, No. 24-5186 (6th Cir. 2025)

“Beyond the Score”: Sixth Circuit Re-Affirms Broad Sentencing Discretion to Up-Variance on Recidivism Grounds — Commentary on United States v. Timothy Noble, No. 24-5186 (6th Cir. 2025)

Date: Jul 8, 2025
“Beyond the Score”: Sixth Circuit Re-Affirms Broad Sentencing Discretion to Up-Variance on Recidivism Grounds Commentary on United States v. Timothy Noble, No. 24-5186 (6th Cir. July 7 2025) I....
Beach v. Wyoming DOC: Tenth Circuit Re-Affirms Limits on the Continuing-Wrong Doctrine, PLRA Injunctive Relief, and Threat-Only Eighth Amendment Claims

Beach v. Wyoming DOC: Tenth Circuit Re-Affirms Limits on the Continuing-Wrong Doctrine, PLRA Injunctive Relief, and Threat-Only Eighth Amendment Claims

Date: Jul 8, 2025
Beach v. Wyoming DOC: Tenth Circuit Re-Affirms Limits on the Continuing-Wrong Doctrine, PLRA Injunctive Relief, and Threat-Only Eighth Amendment Claims 1. Introduction Jesse Allan Jewett Beach, an...
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