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new-precedent-on... Case Commentaries

Miscalculated Prison Law Library Deadlines Do Not Constitute “Cause” for Habeas Procedural Default: Commentary on Jannke v. Gierach (7th Cir. 2025)

Miscalculated Prison Law Library Deadlines Do Not Constitute “Cause” for Habeas Procedural Default: Commentary on Jannke v. Gierach (7th Cir. 2025)

Date: Nov 20, 2025
Miscalculated Prison Law Library Deadlines Do Not Constitute “Cause” for Habeas Procedural Default: A Detailed Commentary on Terence L. Jannke v. Michael Gierach, No. 23‑2485 (7th Cir. Nov. 17, 2025)...
“Personnel Information” and Foreseeable Admissibility: Doe v. Concord Police Department and the Scope of New Hampshire’s Exculpatory Evidence Schedule

“Personnel Information” and Foreseeable Admissibility: Doe v. Concord Police Department and the Scope of New Hampshire’s Exculpatory Evidence Schedule

Date: Nov 20, 2025
“Personnel Information” and Foreseeable Admissibility: Doe v. Concord Police Department and the Scope of New Hampshire’s Exculpatory Evidence Schedule I. Introduction The Supreme Court of New...
King v. King: Pending Business Lawsuits as Marital Property in South Dakota Divorce Law

King v. King: Pending Business Lawsuits as Marital Property in South Dakota Divorce Law

Date: Nov 20, 2025
King v. King: Pending Business Lawsuits as Marital Property in South Dakota Divorce Law I. Introduction In King v. King, 2025 S.D. 67, the Supreme Court of South Dakota addressed a question at the...
No Federal-Style Lodestar Presumption in Condemnation Fee Awards: Commentary on City of Sioux Falls v. Johnson Properties, 2025 S.D. 66

No Federal-Style Lodestar Presumption in Condemnation Fee Awards: Commentary on City of Sioux Falls v. Johnson Properties, 2025 S.D. 66

Date: Nov 20, 2025
No Federal-Style Lodestar Presumption in Condemnation Fee Awards: City of Sioux Falls v. Johnson Properties, 2025 S.D. 66 I. Introduction In City of Sioux Falls v. Johnson Properties, LLC, 2025 S.D....
Reaffirming the Validity of Assigned Deeds of Trust and MERS Authority in Alaska Nonjudicial Foreclosures: Commentary on Clinton Hiler v. U.S. Bank

Reaffirming the Validity of Assigned Deeds of Trust and MERS Authority in Alaska Nonjudicial Foreclosures: Commentary on Clinton Hiler v. U.S. Bank

Date: Nov 20, 2025
Reaffirming the Validity of Assigned Deeds of Trust and MERS Authority in Alaska Nonjudicial Foreclosures: Commentary on Clinton Hiler v. U.S. Bank Court: Supreme Court of the State of Alaska...
Reaffirming Rehabilitative Spousal Support And Procedural Protections In Domestic Violence–Divorce Consolidations: Commentary On Rutherford v. Rutherford (Alaska 2025)

Reaffirming Rehabilitative Spousal Support And Procedural Protections In Domestic Violence–Divorce Consolidations: Commentary On Rutherford v. Rutherford (Alaska 2025)

Date: Nov 20, 2025
Reaffirming Rehabilitative Spousal Support And Procedural Protections In Domestic Violence–Divorce Consolidations: Commentary On Kyle G. Rutherford v. Melissa E. Rutherford (Alaska 2025) Introduction...
Shutdown as Last Resort: Narrowly Tailored Nuisance Injunctions and Deference to Texas Poultry‑Odor Regulation

Shutdown as Last Resort: Narrowly Tailored Nuisance Injunctions and Deference to Texas Poultry‑Odor Regulation

Date: Nov 20, 2025
Shutdown as Last Resort: Narrowly Tailored Nuisance Injunctions and Deference to Texas Poultry‑Odor Regulation I. Introduction The Supreme Court of Texas’s decision in Steve Huynh, et al. v. Frank...
Section 1515 Fee-Shifting Applies to All Title 13 Proceedings; Unsigned Separation Agreements Enforceable When Intent and Performance Are Clear — Goode v. Goode (Del. 2025)

Section 1515 Fee-Shifting Applies to All Title 13 Proceedings; Unsigned Separation Agreements Enforceable When Intent and Performance Are Clear — Goode v. Goode (Del. 2025)

Date: Nov 19, 2025
Section 1515 Fee-Shifting Applies to All Title 13 Proceedings; Unsigned Separation Agreements Enforceable When Intent and Performance Are Clear — Goode v. Goode (Del. 2025) Introduction In Daniel...
SEC v. Ahmed (2d Cir. 2025): Tightening Asset-Freeze Relief, Permitting Counsel Withdrawal, Declining Federal Interference with State Tax Levies under the Tax Injunction Act

SEC v. Ahmed (2d Cir. 2025): Tightening Asset-Freeze Relief, Permitting Counsel Withdrawal, Declining Federal Interference with State Tax Levies under the Tax Injunction Act

Date: Nov 19, 2025
SEC v. Ahmed (2d Cir. 2025): Tightening Asset-Freeze Relief, Permitting Counsel Withdrawal, Declining Federal Interference with State Tax Levies under the Tax Injunction Act Introduction In a...
Tinoco v. Bondi (2d Cir. 2025): Reaffirmation that Pending Collateral Attacks Do Not Undermine Conviction Finality; Abandonment and Internal Relocation as Dispositive Bars to Withholding; No Automatic Stay of Removal After BIA Decision

Tinoco v. Bondi (2d Cir. 2025): Reaffirmation that Pending Collateral Attacks Do Not Undermine Conviction Finality; Abandonment and Internal Relocation as Dispositive Bars to Withholding; No Automatic Stay of Removal After BIA Decision

Date: Nov 19, 2025
Tinoco v. Bondi (2d Cir. 2025): Reaffirmation that Pending Collateral Attacks Do Not Undermine Conviction Finality; Abandonment and Internal Relocation as Dispositive Bars to Withholding; No...
Nonfunctional Serialization Requirements and “Common Use”: The Second Circuit Upholds 18 U.S.C. § 922(k) Under Bruen in United States v. Gomez

Nonfunctional Serialization Requirements and “Common Use”: The Second Circuit Upholds 18 U.S.C. § 922(k) Under Bruen in United States v. Gomez

Date: Nov 19, 2025
Nonfunctional Serialization Requirements and “Common Use”: The Second Circuit Upholds 18 U.S.C. § 922(k) Under Bruen in United States v. Gomez Introduction In United States v. Gomez, No. 24-1943-cr...
Tenth Circuit adopts objective, non–administrative-feasibility ascertainability; clarifies PRSA compound-interest accrual “until the day paid”; and limits punitive damages in Oklahoma royalty class actions absent an independent tort

Tenth Circuit adopts objective, non–administrative-feasibility ascertainability; clarifies PRSA compound-interest accrual “until the day paid”; and limits punitive damages in Oklahoma royalty class actions absent an independent tort

Date: Nov 19, 2025
Tenth Circuit adopts objective, non–administrative-feasibility ascertainability; clarifies PRSA compound-interest accrual “until the day paid”; and limits punitive damages in Oklahoma royalty class...
Causation and “Impact” as Gatekeepers to COVID-19 Medical Immunity: Commentary on Austbo v. Greenbriar (2025 OK 85)

Causation and “Impact” as Gatekeepers to COVID-19 Medical Immunity: Commentary on Austbo v. Greenbriar (2025 OK 85)

Date: Nov 19, 2025
Causation and “Impact” as Gatekeepers to COVID-19 Medical Immunity: A Commentary on Larry Austbo v. Greenbriar Nursing Home No. Two, Inc., 2025 OK 85 I. Introduction In Larry Austbo, Surviving Spouse...
Repeal of 12 U.S.C. § 1441a Does Not Terminate RTC Affordable-Housing Contracts: Eleventh Circuit Confirms FDIC and Its Agents Can Enforce RTC Agreements by Contract and Under 12 U.S.C. § 1831q(n)(4)

Repeal of 12 U.S.C. § 1441a Does Not Terminate RTC Affordable-Housing Contracts: Eleventh Circuit Confirms FDIC and Its Agents Can Enforce RTC Agreements by Contract and Under 12 U.S.C. § 1831q(n)(4)

Date: Nov 18, 2025
Repeal of 12 U.S.C. § 1441a Does Not Terminate RTC Affordable-Housing Contracts: Eleventh Circuit Confirms FDIC and Its Agents Can Enforce RTC Agreements by Contract and Under 12 U.S.C. § 1831q(n)(4)...
Excess Judgment Is for Damages, Not Liability: Eleventh Circuit Limits Use of UM Verdicts in Florida First‑Party Bad Faith Trials

Excess Judgment Is for Damages, Not Liability: Eleventh Circuit Limits Use of UM Verdicts in Florida First‑Party Bad Faith Trials

Date: Nov 18, 2025
Excess Judgment Is for Damages, Not Liability: Eleventh Circuit Limits Use of UM Verdicts in Florida First‑Party Bad Faith Trials Case: Lauren Woods v. Progressive American Insurance Company Court:...
No Emergency Exception to the Takings Clause: Eleventh Circuit Holds Pandemic Closure of Private Beaches Is a Per Se Physical Taking Requiring Just Compensation

No Emergency Exception to the Takings Clause: Eleventh Circuit Holds Pandemic Closure of Private Beaches Is a Per Se Physical Taking Requiring Just Compensation

Date: Nov 18, 2025
No Emergency Exception to the Takings Clause: Eleventh Circuit Holds Pandemic Closure of Private Beaches Is a Per Se Physical Taking Requiring Just Compensation Introduction This published decision...
Under New Jersey Law, Grace-Period Notices Need Not State the Amount Due; Customer-Service Assurances Do Not Estop Policy Lapse Absent Misrepresentation and Reasonable Reliance

Under New Jersey Law, Grace-Period Notices Need Not State the Amount Due; Customer-Service Assurances Do Not Estop Policy Lapse Absent Misrepresentation and Reasonable Reliance

Date: Nov 18, 2025
Under New Jersey Law, Grace-Period Notices Need Not State the Amount Due; Customer-Service Assurances Do Not Estop Policy Lapse Absent Misrepresentation and Reasonable Reliance Introduction In...
Primary Industry Controls: Fifth Circuit Holds SBA May Reassign NAICS Codes and Apply Section 7(a) Size Rules to PPP Affiliation Waivers

Primary Industry Controls: Fifth Circuit Holds SBA May Reassign NAICS Codes and Apply Section 7(a) Size Rules to PPP Affiliation Waivers

Date: Nov 18, 2025
Primary Industry Controls: Fifth Circuit Holds SBA May Reassign NAICS Codes and Apply Section 7(a) Size Rules to PPP Affiliation Waivers Introduction This commentary analyzes the Fifth Circuit’s...
No Silent Summary Judgments: Fifth Circuit Vacates Hostile-Environment Disposition for Failure to Comply with Rule 56(a)’s Reason-Giving Requirement

No Silent Summary Judgments: Fifth Circuit Vacates Hostile-Environment Disposition for Failure to Comply with Rule 56(a)’s Reason-Giving Requirement

Date: Nov 18, 2025
No Silent Summary Judgments: Fifth Circuit Vacates Hostile-Environment Disposition for Failure to Comply with Rule 56(a)’s Reason-Giving Requirement Introduction In Smith v. United Parcel Service,...
Bonner Cements Fifth Circuit Foreclosure of Standard § 922(g)(1) Challenges; Concurrence Flags Commerce Clause and Bruen Methodology Fault Lines

Bonner Cements Fifth Circuit Foreclosure of Standard § 922(g)(1) Challenges; Concurrence Flags Commerce Clause and Bruen Methodology Fault Lines

Date: Nov 18, 2025
Bonner Cements Fifth Circuit Foreclosure of Standard § 922(g)(1) Challenges; Concurrence Flags Commerce Clause and Bruen Methodology Fault Lines Introduction In United States v. Bonner, No. 24-60601...
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