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restricting-general-jurisdiction:-second-circuit& Case Commentaries

Eleventh Circuit Clarifies that Non-Retroactive Amendment 709 Cannot Be Used to Achieve “Zero-Point Offender” Relief Under Retroactive Amendment 821

Eleventh Circuit Clarifies that Non-Retroactive Amendment 709 Cannot Be Used to Achieve “Zero-Point Offender” Relief Under Retroactive Amendment 821

Date: Aug 13, 2025
Eleventh Circuit Clarifies that Non-Retroactive Amendment 709 Cannot Be Used to Achieve “Zero-Point Offender” Relief Under Retroactive Amendment 821 Introduction United States v. Lawrence Lombardi,...
“Consult First, Act Later” – Wisconsin Affirms the Attorney’s Duty to Communicate Directly with Adjudged-Incompetent Clients (Office of Lawyer Regulation v. Thomas L. Frenn, 2025)

“Consult First, Act Later” – Wisconsin Affirms the Attorney’s Duty to Communicate Directly with Adjudged-Incompetent Clients (Office of Lawyer Regulation v. Thomas L. Frenn, 2025)

Date: Aug 13, 2025
“Consult First, Act Later” – Wisconsin Affirms the Attorney’s Duty to Communicate Directly with Adjudged-Incompetent Clients (Office of Lawyer Regulation v. Thomas L. Frenn, 2025 WI ___) Introduction...
A Cab v. Murray: Nevada Supreme Court Confirms District Courts’ Authority to Award Appellate Attorney Fees under the Minimum Wage Amendment

A Cab v. Murray: Nevada Supreme Court Confirms District Courts’ Authority to Award Appellate Attorney Fees under the Minimum Wage Amendment

Date: Aug 13, 2025
A Cab v. Murray: Nevada Supreme Court Confirms District Courts’ Authority to Award Appellate Attorney Fees under the Minimum Wage Amendment Introduction In A Cab Series, LLC f/k/a A Cab, LLC v....
“Beyond the Sirens” – Armenta v. Unified Fire (2025) and the Narrowing of the UGIA’s “Emergency Medical Assistance” Immunity

“Beyond the Sirens” – Armenta v. Unified Fire (2025) and the Narrowing of the UGIA’s “Emergency Medical Assistance” Immunity

Date: Aug 13, 2025
“Beyond the Sirens” – Armenta v. Unified Fire (2025) and the Narrowing of the UGIA’s “Emergency Medical Assistance” Immunity Supreme Court of Utah – 2025 UT 26 – Decided 7 Aug 2025 1. Introduction In...
Utah Supreme Court Affirms Surface Owner’s Right to Uncompensated On-Site Use of Soil in Severed Estates — Comment on Genesis Aggregates B v. Toll Southwest (2025 UT 28)

Utah Supreme Court Affirms Surface Owner’s Right to Uncompensated On-Site Use of Soil in Severed Estates — Comment on Genesis Aggregates B v. Toll Southwest (2025 UT 28)

Date: Aug 13, 2025
Utah Supreme Court Affirms Surface Owner’s Right to Uncompensated On-Site Use of Soil in Severed Estates Commentary on Genesis Aggregates B v. Toll Southwest, 2025 UT 28 Introduction Genesis...
Municipal Incorporation and the Doctrine of Mootness in Land-Use Referendum Litigation: Commentary on Haney v. Tooele County (2025 UT 30)

Municipal Incorporation and the Doctrine of Mootness in Land-Use Referendum Litigation: Commentary on Haney v. Tooele County (2025 UT 30)

Date: Aug 13, 2025
Municipal Incorporation and the Doctrine of Mootness in Land-Use Referendum Litigation: A Comprehensive Commentary on Haney v. Tooele County, 2025 UT 30 1. Introduction Haney v. Tooele County (2025...
Flexible Deference to Bar Admissions Decisions: The Utah Supreme Court’s Refined Standard of Review in Long v. Utah State Bar

Flexible Deference to Bar Admissions Decisions: The Utah Supreme Court’s Refined Standard of Review in Long v. Utah State Bar

Date: Aug 13, 2025
“Flexible Deference” to Bar Admissions Decisions: The Utah Supreme Court’s Refined Standard of Review in Long v. Utah State Bar (2025 UT 29) Introduction Case name: Long v. Utah State Bar, 2025 UT 29...
The “Federal-Origin Exception” to Utah’s EIDPA Suppression Rule – A Comprehensive Commentary on State v. Andrus (2025 UT 32)

The “Federal-Origin Exception” to Utah’s EIDPA Suppression Rule – A Comprehensive Commentary on State v. Andrus (2025 UT 32)

Date: Aug 13, 2025
The “Federal-Origin Exception” to Utah’s EIDPA Suppression Rule In-Depth Commentary on State v. Andrus, 2025 UT 32 (Supreme Court of Utah) 1. Introduction State v. Andrus presented Utah’s high court...
Objective Imminence as a Law-Like Mixed Question: Correctness Review of Pre-Trial Justification Rulings in Utah

Objective Imminence as a Law-Like Mixed Question: Correctness Review of Pre-Trial Justification Rulings in Utah

Date: Aug 13, 2025
Objective Imminence as a Law-Like Mixed Question: Correctness Review of Pre-Trial Justification Rulings in Utah 1. Introduction State v. Wilcox, 2025 UT 31, is the Utah Supreme Court’s first...
Talisker v. Midtown Acquisitions: Utah Supreme Court Validates Broad Contractual Waivers of Rule 69B Sheriff’s-Sale Protections

Talisker v. Midtown Acquisitions: Utah Supreme Court Validates Broad Contractual Waivers of Rule 69B Sheriff’s-Sale Protections

Date: Aug 13, 2025
Talisker v. Midtown Acquisitions: Utah Supreme Court Validates Broad Contractual Waivers of Rule 69B Sheriff’s-Sale Protections Introduction Talisker Partnership and a constellation of related...
“No Entity, No Title”: Wyoming Affirms That Estoppel-by-Deed Cannot Validate a Conveyance to a Non-Existent Corporation

“No Entity, No Title”: Wyoming Affirms That Estoppel-by-Deed Cannot Validate a Conveyance to a Non-Existent Corporation

Date: Aug 13, 2025
“No Entity, No Title”: Wyoming Affirms That Estoppel-by-Deed Cannot Validate a Conveyance to a Non-Existent Corporation Introduction In Kenneth R. Minshall v. Robin Griffin & Joy Osbon, 2025 WY 90,...
Hawaiʻi Supreme Court Clarifies a 20-Year Statute of Limitations for Mortgage Foreclosure Actions

Hawaiʻi Supreme Court Clarifies a 20-Year Statute of Limitations for Mortgage Foreclosure Actions

Date: Aug 13, 2025
Hawaiʻi Supreme Court Clarifies a 20-Year Statute of Limitations for Mortgage Foreclosures Introduction In The Bank of New York Mellon v. White, SCWC-21-0000400 (Aug. 7 2025), the Hawaiʻi Supreme...
Boehringer v. HHS – The Second Circuit Re-Affirms the “Voluntary Participation” Doctrine and Upholds IRA Drug-Price Negotiations

Boehringer v. HHS – The Second Circuit Re-Affirms the “Voluntary Participation” Doctrine and Upholds IRA Drug-Price Negotiations

Date: Aug 13, 2025
Boehringer Ingelheim Pharmaceuticals, Inc. v. Department of Health & Human Services (2d Cir. 2025) Clarifying Voluntary Participation, Unconstitutional Conditions, and APA Exemption under the...
The “Substantial-Interdependence” Rule: Second Circuit Allows Joinder of Fraud and Tax Counts and Declines Per-Se Ineffective-Counsel Claim in United States v. Wynder

The “Substantial-Interdependence” Rule: Second Circuit Allows Joinder of Fraud and Tax Counts and Declines Per-Se Ineffective-Counsel Claim in United States v. Wynder

Date: Aug 13, 2025
The “Substantial-Interdependence” Rule: Second Circuit Allows Joinder of Fraud and Tax Counts and Declines Per-Se Ineffective-Counsel Claim in United States v. Wynder 1. Introduction In United States...
“Current Asylum Status” as a Condition Precedent to Adjustment of Status:  An In-Depth Commentary on Wassily & Velasquez Arreaga v. Bondi (2d Cir. 2025)

“Current Asylum Status” as a Condition Precedent to Adjustment of Status: An In-Depth Commentary on Wassily & Velasquez Arreaga v. Bondi (2d Cir. 2025)

Date: Aug 13, 2025
“Current Asylum Status” as a Condition Precedent to Adjustment of Status A Comprehensive Commentary on Wassily v. Bondi; Velasquez Arreaga v. Bondi, 2d Cir., 7 Aug 2025 Introduction On 7 August 2025...
“Mouse-Clicks, Not Private Facts” – Third Circuit Declares Non-Personal Session-Replay Tracking Insufficient for Article III Standing

“Mouse-Clicks, Not Private Facts” – Third Circuit Declares Non-Personal Session-Replay Tracking Insufficient for Article III Standing

Date: Aug 13, 2025
“Mouse-Clicks, Not Private Facts” – Third Circuit Declares Non-Personal Session-Replay Tracking Insufficient for Article III Standing 1. Introduction In Amber Cook v. GameStop Inc., the United States...
Affirming the Threshold for Access-to-Courts Injury and Other Prisoner-Civil-Rights Limits: A Commentary on Jones v. Harry (3d Cir. 2025)

Affirming the Threshold for Access-to-Courts Injury and Other Prisoner-Civil-Rights Limits: A Commentary on Jones v. Harry (3d Cir. 2025)

Date: Aug 13, 2025
Affirming the Threshold for Access-to-Courts Injury and Other Prisoner-Civil-Rights Limits: A Commentary on Jones v. Harry (3d Cir. 2025) 1. Introduction Background. In James Jones v. Harry, an...
Collateral-Order Review of “Favorable Termination” in Malicious-Prosecution Immunity Appeals: Commentary on Marcus Boone v. City of Elizabeth

Collateral-Order Review of “Favorable Termination” in Malicious-Prosecution Immunity Appeals: Commentary on Marcus Boone v. City of Elizabeth

Date: Aug 13, 2025
Collateral-Order Review of “Favorable Termination” in Malicious-Prosecution Immunity Appeals Commentary on Marcus Boone v. City of Elizabeth, 69 F.4th ___ (3d Cir. 2025) I. Introduction The Third...
Boone v. City of Elizabeth: Limiting Interlocutory Appeals and Re-defining “Favorable Termination” after Thompson v. Clark

Boone v. City of Elizabeth: Limiting Interlocutory Appeals and Re-defining “Favorable Termination” after Thompson v. Clark

Date: Aug 13, 2025
Boone v. City of Elizabeth: Limiting Interlocutory Appeals and Re-defining “Favorable Termination” after Thompson v. Clark 1. Introduction In Marcus Boone v. City of Elizabeth, the United States...
“Retreating-Armed-Suspect” Qualified-Immunity Rule – A Commentary on Carico v. Bristow (5th Cir. 2025)

“Retreating-Armed-Suspect” Qualified-Immunity Rule – A Commentary on Carico v. Bristow (5th Cir. 2025)

Date: Aug 13, 2025
“Retreating-Armed-Suspect” Qualified-Immunity Rule Commentary on Carico v. Bristow, No. 24-40239 (5th Cir. Aug. 7, 2025) 1. Introduction Carico v. Bristow addresses an increasingly common policing...
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