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strict-standards-for-successive-habeas-petitions-reinforced-in-in-re-ivan-abner-cantu Case Commentaries


Galvin v. State (Nev. 2025):  Non-Disclosure of Witness Emails Is Non-Structural Error Subject to Harmless-Error Review

Galvin v. State (Nev. 2025): Non-Disclosure of Witness Emails Is Non-Structural Error Subject to Harmless-Error Review

Date: Aug 25, 2025
Galvin v. State (Nev. 2025): Non-Disclosure of Witness Emails Is Non-Structural Error Subject to Harmless-Error Review 1. Introduction In Galvin v. State, 86927 (Nev. Aug. 21, 2025), the Supreme...
End of COVID-19 Tolling and Non-Revival of Terminated Directives: A Commentary on Monarch Casino & Resort, Inc. v. District Court (Campbell)

End of COVID-19 Tolling and Non-Revival of Terminated Directives: A Commentary on Monarch Casino & Resort, Inc. v. District Court (Campbell)

Date: Aug 25, 2025
End of COVID-19 Tolling and Non-Revival of Terminated Directives: Supreme Court of Nevada Clarifies Statute-of-Limitations Computation in Monarch Casino & Resort, Inc. v. District Court (Campbell)...
Reyes v. State: Nevada Supreme Court Clarifies that “Intent Not to Return” Is NOT a Separate Element of the Duty-to-Stop Statute

Reyes v. State: Nevada Supreme Court Clarifies that “Intent Not to Return” Is NOT a Separate Element of the Duty-to-Stop Statute

Date: Aug 25, 2025
Reyes v. State: Nevada Supreme Court Clarifies that “Intent Not to Return” Is NOT a Separate Element of the Duty-to-Stop Statute Introduction In Reyes (Fernando) v. State, No. 88011 (Nev. Aug. 21,...
Royal Essex v. Azteca (2025):  Disgorgement as a Fiduciary-Duty Remedy and the Limited Effect of Charter Revocation on LLC Membership Rights

Royal Essex v. Azteca (2025): Disgorgement as a Fiduciary-Duty Remedy and the Limited Effect of Charter Revocation on LLC Membership Rights

Date: Aug 25, 2025
Royal Essex, LLC v. Azteca Real Estate Partners, LLC Nevada Supreme Court, 21 August 2025 Introduction Royal Essex, LLC (“Essex”) was conceived in 2007 to purchase and develop land in the Inspirada...
“No Second Bite at the Probate Apple” — Utah Supreme Court Declares the Savings Statute Inapplicable to § 75-3-107’s Three-Year Probate Deadline

“No Second Bite at the Probate Apple” — Utah Supreme Court Declares the Savings Statute Inapplicable to § 75-3-107’s Three-Year Probate Deadline

Date: Aug 25, 2025
“No Second Bite at the Probate Apple” — Utah Supreme Court Declares the Savings Statute Inapplicable to § 75-3-107’s Three-Year Probate Deadline Introduction In In re Estate of Davies, 2025 UT 36,...
“Tax Debt = Debt”: The Idaho Supreme Court Requires Tax-Relief Firms to Obtain Collection-Agency Licences — Comment on Wall & Associates, Inc. v. Idaho Department of Finance (2025)

“Tax Debt = Debt”: The Idaho Supreme Court Requires Tax-Relief Firms to Obtain Collection-Agency Licences — Comment on Wall & Associates, Inc. v. Idaho Department of Finance (2025)

Date: Aug 25, 2025
“Tax Debt = Debt”: The Idaho Supreme Court Requires Tax-Relief Firms to Obtain Collection-Agency Licences Commentary on Wall & Associates, Inc. v. Idaho Department of Finance, 174 Idaho ___ (2025) 1....
Walden v. Kosinski: Second Circuit Validates State Power to Ban “Independence / Independent” from Ballot-Access Petitions

Walden v. Kosinski: Second Circuit Validates State Power to Ban “Independence / Independent” from Ballot-Access Petitions

Date: Aug 25, 2025
Walden v. Kosinski: Second Circuit Validates State Power to Ban “Independence / Independent” from Ballot-Access Petitions and Affirms Minimal First-Amendment Burden Introduction Walden v. Kosinski,...
“Beyond the Estimate” – Sixth Circuit Rules that Medical Certifications Do Not Cap Unforeseeable Intermittent FMLA Leave

“Beyond the Estimate” – Sixth Circuit Rules that Medical Certifications Do Not Cap Unforeseeable Intermittent FMLA Leave

Date: Aug 25, 2025
“Beyond the Estimate” – Sixth Circuit Rules that Medical Certifications Do Not Cap Unforeseeable Intermittent FMLA Leave 1. Introduction Kristopher Jackson, a U.S. Postal Service mail clerk suffering...
The “Checked-Box Rule”: Sixth Circuit Confines Non-Signatories’ Power to Compel Arbitration

The “Checked-Box Rule”: Sixth Circuit Confines Non-Signatories’ Power to Compel Arbitration

Date: Aug 25, 2025
The “Checked-Box Rule”: Sixth Circuit Confines Non-Signatories’ Power to Compel Arbitration 1. Introduction ORG Holdings Ltd. v. BMW Financial Services NA, LLC, No. 24-3929 (6th Cir. Aug. 21, 2025)...
No Specialty Requirement: Sixth Circuit Clarifies Physician Qualification and Evidentiary Threshold under the False Claims Act

No Specialty Requirement: Sixth Circuit Clarifies Physician Qualification and Evidentiary Threshold under the False Claims Act

Date: Aug 25, 2025
No Specialty Requirement: Sixth Circuit Clarifies Physician Qualification and Evidentiary Threshold under the False Claims Act 1. Introduction In United States ex rel. Robert C. O’Laughlin, M.D. v....
Claim-Preclusion as an Absolute Bar to Re-Opening Bankruptcy to Relitigate Tax Liabilities – Commentary on Springer v. United States (10th Cir. 2025)

Claim-Preclusion as an Absolute Bar to Re-Opening Bankruptcy to Relitigate Tax Liabilities – Commentary on Springer v. United States (10th Cir. 2025)

Date: Aug 25, 2025
Claim-Preclusion as an Absolute Bar to Re-Opening Bankruptcy to Relitigate Tax Liabilities – Commentary on Springer v. United States (10th Cir. 2025) 1. Introduction Lindsey Kent Springer’s...

United States v. Cline: Expanding Criminal Forfeiture to the Entire Fraud Scheme notwithstanding Honeycutt

United States v. Cline: Expanding Criminal Forfeiture to the Entire Fraud Scheme notwithstanding Honeycutt

Date: Aug 25, 2025
United States v. Cline: Expanding Criminal Forfeiture to the Entire Fraud Scheme notwithstanding Honeycutt 1. Introduction United States v. Cline, Nos. 24-1119 & 24-1137 (10th Cir. Aug. 21, 2025), is...
Persistent Cyber-Security Threats as “Emergencies” under 49 U.S.C. §114(l)(2): A Commentary on Grand Trunk Corp. v. TSA

Persistent Cyber-Security Threats as “Emergencies” under 49 U.S.C. §114(l)(2): A Commentary on Grand Trunk Corp. v. TSA

Date: Aug 25, 2025
Persistent Cyber-Security Threats as “Emergencies” under 49 U.S.C. §114(l)(2): Commentary on Grand Trunk Corporation & Illinois Central Railroad Co. v. TSA, 7th Cir. (2025) 1. Introduction The...
“Perpetual Emergencies” and Agency Power: Grand Trunk Corp. v. TSA and the Recognition of Continuous Cyber-Threats as Statutory Emergencies

“Perpetual Emergencies” and Agency Power: Grand Trunk Corp. v. TSA and the Recognition of Continuous Cyber-Threats as Statutory Emergencies

Date: Aug 25, 2025
“Perpetual Emergencies” and Agency Power: Grand Trunk Corporation v. Transportation Security Administration Introduction Grand Trunk Corporation and its subsidiary, Illinois Central Railroad Company...
“Ever-Present Emergencies”: Grand Trunk Corp. v. TSA Confirms that Continuous Cyber-Threats Qualify as Emergencies under 49 U.S.C. § 114(l)(2)

“Ever-Present Emergencies”: Grand Trunk Corp. v. TSA Confirms that Continuous Cyber-Threats Qualify as Emergencies under 49 U.S.C. § 114(l)(2)

Date: Aug 25, 2025
“Ever-Present Emergencies”: Grand Trunk Corp. v. TSA Confirms that Continuous Cyber-Threats Qualify as Emergencies under 49 U.S.C. § 114(l)(2) 1 · Introduction Grand Trunk Corporation and its...
Off-Duty, Personal-Social-Media Threats Can Violate 18 U.S.C. § 115(a)(1)(B): Commentary on United States v. Damon Taylor (7th Cir. 2025)

Off-Duty, Personal-Social-Media Threats Can Violate 18 U.S.C. § 115(a)(1)(B): Commentary on United States v. Damon Taylor (7th Cir. 2025)

Date: Aug 25, 2025
Off-Duty, Personal-Social-Media Threats Can Violate 18 U.S.C. § 115(a)(1)(B) Commentary on United States v. Damon Taylor, 89 F.4th ___ (7th Cir. 2025) Introduction In United States v. Damon Taylor,...
No Retroactive Right to Qualified Capital Counsel: The Florida Supreme Court’s Clarification in Windom v. State (2025)

No Retroactive Right to Qualified Capital Counsel: The Florida Supreme Court’s Clarification in Windom v. State (2025)

Date: Aug 25, 2025
No Retroactive Right to Qualified Capital Counsel: Windom v. State of Florida & the Limits of “Evolving Standards” Introduction In Curtis Windom v. State of Florida, Nos. SC2025-1179 & SC2025-1182...
Registration Does Not Delay Accrual: The Foss Rule on Copyright Limitations in the First Circuit

Registration Does Not Delay Accrual: The Foss Rule on Copyright Limitations in the First Circuit

Date: Aug 25, 2025
“Registration Does Not Delay Accrual” Foss v. Eastern States Exposition (1st Cir. 2025) and the Statute-of-Limitations Clock in Copyright Litigation 1. Introduction Cynthia Alyson Foss, a...

        Extending Buckhannon: The First Circuit Clarifies “Prevailing-Party” Status
        Under Clayton Act §16 in Garavanian v. JetBlue Airways Corp.

Extending Buckhannon: The First Circuit Clarifies “Prevailing-Party” Status Under Clayton Act §16 in Garavanian v. JetBlue Airways Corp.

Date: Aug 25, 2025
Extending Buckhannon: The First Circuit Clarifies “Prevailing-Party” Status Under Clayton Act §16 in Garavanian v. JetBlue Airways Corp. 1. Introduction The United States Court of Appeals for the...
Actual-Litigation Requirement for Collateral Estoppel in Immigration Admissibility Determinations – A Commentary on Azatullah v. Noem (2d Cir. 2025)

Actual-Litigation Requirement for Collateral Estoppel in Immigration Admissibility Determinations – A Commentary on Azatullah v. Noem (2d Cir. 2025)

Date: Aug 25, 2025
Actual-Litigation Requirement for Collateral Estoppel in Immigration Admissibility Determinations A Comprehensive Commentary on Azatullah v. Noem, 2d Cir. Aug. 20, 2025 1. Introduction Azatullah v....
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