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

Pleading Religious-Discrimination Claims in NYC Vaccine-Mandate Cases: Conclusory Allegations Are Insufficient; Post-Rescission Claims Are Moot

Pleading Religious-Discrimination Claims in NYC Vaccine-Mandate Cases: Conclusory Allegations Are Insufficient; Post-Rescission Claims Are Moot

Date: Aug 21, 2025
Pleading Religious-Discrimination Claims in NYC Vaccine-Mandate Cases: Conclusory Allegations Are Insufficient; Post-Rescission Claims Are Moot Introduction Currid v. City of New York, 2025 NY Slip...
“Watchful Waiting” as a Material Alternative in Informed Consent for YAG Vitreolysis; No Duty to Supervise a Referred Specialist — Clinkscales v. Tostanoski (2025)

“Watchful Waiting” as a Material Alternative in Informed Consent for YAG Vitreolysis; No Duty to Supervise a Referred Specialist — Clinkscales v. Tostanoski (2025)

Date: Aug 21, 2025
“Watchful Waiting” as a Material Alternative in Informed Consent for YAG Vitreolysis; No Duty to Supervise a Referred Specialist — Clinkscales v. Tostanoski (2025) Introduction In Clinkscales v....
RPAPL 1304 Compliance When Using Third‑Party Mailing Vendors: Tracking Numbers and RPAPL 1306 Filings Are Insufficient — Nationstar Mortgage, LLC v. Ricks

RPAPL 1304 Compliance When Using Third‑Party Mailing Vendors: Tracking Numbers and RPAPL 1306 Filings Are Insufficient — Nationstar Mortgage, LLC v. Ricks

Date: Aug 21, 2025
RPAPL 1304 Compliance When Using Third‑Party Mailing Vendors: Tracking Numbers and RPAPL 1306 Filings Are Insufficient Commentary on Nationstar Mortgage, LLC v. Ricks (2025 NY Slip Op 04728,...
Gomez v. Tilden Estates, LLC: Dust on Permanent Stairs as a Potential 12 NYCRR 23-1.7(d) “Slipping Hazard,” Limits on Untimely Cross-Motions, and No Automatic §240(1) Liability for Stairway Slips

Gomez v. Tilden Estates, LLC: Dust on Permanent Stairs as a Potential 12 NYCRR 23-1.7(d) “Slipping Hazard,” Limits on Untimely Cross-Motions, and No Automatic §240(1) Liability for Stairway Slips

Date: Aug 21, 2025
Gomez v. Tilden Estates, LLC: Dust on Permanent Stairs as a Potential 12 NYCRR 23-1.7(d) “Slipping Hazard,” Limits on Untimely Cross-Motions, and No Automatic §240(1) Liability for Stairway Slips...
Nominal Damages for Technical Trespass Are Discretionary Absent Prescriptive-Rights Risk; Landowner’s Retention of Trespasser’s Materials Constitutes Conversion — Commentary on Fairchild Corp. v. LIRR (2025 NY Slip Op 04705)

Nominal Damages for Technical Trespass Are Discretionary Absent Prescriptive-Rights Risk; Landowner’s Retention of Trespasser’s Materials Constitutes Conversion — Commentary on Fairchild Corp. v. LIRR (2025 NY Slip Op 04705)

Date: Aug 21, 2025
Nominal Damages for Technical Trespass Are Discretionary Absent Prescriptive-Rights Risk; Landowner’s Retention of Trespasser’s Materials Constitutes Conversion — Commentary on Fairchild Corp. v....
Hansen v. Boise School District #1: Personal Property Injury as a Prerequisite to Takings Standing

Hansen v. Boise School District #1: Personal Property Injury as a Prerequisite to Takings Standing

Date: Aug 19, 2025
Hansen v. Boise School District #1 (Idaho 2025): Personal Property Injury as a Prerequisite to Takings Standing 1. Introduction In Hansen v. Boise School District #1, the Supreme Court of Idaho...
“The Boyer Confirmation” – Wyoming Re-Affirms that Dispatch-Derived License Information and a Single Observed Traffic Infraction Jointly Supply Reasonable Suspicion for a Stop

“The Boyer Confirmation” – Wyoming Re-Affirms that Dispatch-Derived License Information and a Single Observed Traffic Infraction Jointly Supply Reasonable Suspicion for a Stop

Date: Aug 19, 2025
“The Boyer Confirmation” – Wyoming Re-Affirms that Dispatch-Derived License Information and a Single Observed Traffic Infraction Jointly Supply Reasonable Suspicion for a Stop Introduction Andrew Lee...
Default, Progressive Discipline, and Revocation: The Kovac Decision’s Reinforcement of Wisconsin’s Lawyer-Regulation Framework

Default, Progressive Discipline, and Revocation: The Kovac Decision’s Reinforcement of Wisconsin’s Lawyer-Regulation Framework

Date: Aug 19, 2025
Default, Progressive Discipline, and Revocation: Office of Lawyer Regulation v. Peter J. Kovac and the Supreme Court of Wisconsin’s Latest Guidance on Attorney Misconduct 1. Introduction In Office of...
Brown v. McMillon: Eleventh Circuit Rejects “Administrative Default Judgments by Acquiescence” and Clarifies Futility Standard for Pro Se Pleadings

Brown v. McMillon: Eleventh Circuit Rejects “Administrative Default Judgments by Acquiescence” and Clarifies Futility Standard for Pro Se Pleadings

Date: Aug 19, 2025
Brown v. McMillon: Eleventh Circuit Rejects “Administrative Default Judgments by Acquiescence” and Clarifies Futility Standard for Pro Se Pleadings Introduction In Mubbrika S. Brown & Alquddus Brown...
The Vail-Romero Doctrine: Abandonment of the “Unable-or-Unwilling” Challenge as a Complete Bar to Asylum Relief in the Eleventh Circuit

The Vail-Romero Doctrine: Abandonment of the “Unable-or-Unwilling” Challenge as a Complete Bar to Asylum Relief in the Eleventh Circuit

Date: Aug 19, 2025
The Vail-Romero Doctrine: Abandonment of the “Unable-or-Unwilling” Challenge as a Complete Bar to Asylum Relief in the Eleventh Circuit 1. Introduction Sandra Vail-Romero, a young indigenous woman...
United States v. Grindle: Mental-Health Challenges Do Not Automatically Vitiate Knowing & Voluntary Sentence-Appeal Waivers

United States v. Grindle: Mental-Health Challenges Do Not Automatically Vitiate Knowing & Voluntary Sentence-Appeal Waivers

Date: Aug 19, 2025
United States v. Grindle: Mental-Health Challenges Do Not Automatically Vitiate Knowing & Voluntary Sentence-Appeal Waivers Introduction United States v. Nicholas Grindle (11th Cir. Aug. 15, 2025)...
Reaffirming the Two-Prong Standard for Equitable Tolling in Immigration Motions to Reopen: Commentary on Allaeldin Elhattab v. Attorney General (3d Cir. 2025)

Reaffirming the Two-Prong Standard for Equitable Tolling in Immigration Motions to Reopen: Commentary on Allaeldin Elhattab v. Attorney General (3d Cir. 2025)

Date: Aug 19, 2025
Reaffirming the Two-Prong Standard for Equitable Tolling in Immigration Motions to Reopen (Allaeldin Elhattab v. Attorney General, Third Circuit, 2025) 1. Introduction The United States Court of...
Third Circuit Clarifies That Beneficiaries of a Conflicted Tribunal Lack a § 1983 Due-Process Claim Absent Personal Prejudice

Third Circuit Clarifies That Beneficiaries of a Conflicted Tribunal Lack a § 1983 Due-Process Claim Absent Personal Prejudice

Date: Aug 19, 2025
Third Circuit Clarifies That Beneficiaries of a Conflicted Tribunal Lack a § 1983 Due-Process Claim Absent Personal Prejudice Introduction East Ohio Capital LLC (“East Ohio”) partnered with the...
Substantial-Evidence Review of Mixed Questions after Wilkinson – A Commentary on Jose Ramos Jimenez v. Attorney General, U.S.

Substantial-Evidence Review of Mixed Questions after Wilkinson – A Commentary on Jose Ramos Jimenez v. Attorney General, U.S.

Date: Aug 19, 2025
Substantial-Evidence Review of Mixed Questions after Wilkinson: A Comprehensive Commentary on Jose Ramos Jimenez v. Attorney General United States of America (3d Cir. Aug. 15 2025) 1. Introduction In...
Third Circuit Opens the Door to Judicial Review of “Good Moral Character” Findings in Cancellation-of-Removal Cases

Third Circuit Opens the Door to Judicial Review of “Good Moral Character” Findings in Cancellation-of-Removal Cases

Date: Aug 19, 2025
Third Circuit Opens the Door to Judicial Review of “Good Moral Character” Findings in Cancellation-of-Removal Cases Introduction Josue Roman Sanchez v. Attorney General marks a pivotal moment in U.S....
When Deliberate Indifference Also “Shocks the Conscience”: The Fifth Circuit’s Clarification of Supervisory Liability in Doe v. Jewell

When Deliberate Indifference Also “Shocks the Conscience”: The Fifth Circuit’s Clarification of Supervisory Liability in Doe v. Jewell

Date: Aug 19, 2025
When Deliberate Indifference Also “Shocks the Conscience”: The Fifth Circuit’s Clarification of Supervisory Liability in Doe v. Jewell Introduction In Doe v. Jewell, the United States Court of...
From “Minor” to Material: Fifth Circuit Recalibrates the PLRA Physical-Injury Threshold in Morris v. Estes

From “Minor” to Material: Fifth Circuit Recalibrates the PLRA Physical-Injury Threshold in Morris v. Estes

Date: Aug 19, 2025
From “Minor” to Material: Fifth Circuit Recalibrates the PLRA Physical-Injury Threshold in Morris v. Estes 1. Introduction Background. In Morris v. Estes, No. 24-30553 (5th Cir. Aug. 15, 2025),...
Norman v. Ingle: Video-Clarity Rule & Officer-Specific Qualified Immunity Analysis in the Fifth Circuit

Norman v. Ingle: Video-Clarity Rule & Officer-Specific Qualified Immunity Analysis in the Fifth Circuit

Date: Aug 19, 2025
Norman v. Ingle: Video-Clarity Rule & Officer-Specific Qualified Immunity Analysis in the Fifth Circuit I. Introduction Norman v. Ingle, No. 24-20431 (5th Cir. Aug. 15, 2025), sets a new benchmark...

        Fifth Circuit Endorses “Non-Physical” Quorum: State of Texas v. Bondi and the
        Modernization of the Quorum Clause

Fifth Circuit Endorses “Non-Physical” Quorum: State of Texas v. Bondi and the Modernization of the Quorum Clause

Date: Aug 19, 2025
Fifth Circuit Endorses “Non-Physical” Quorum: State of Texas v. Bondi and the Modernization of the Quorum Clause 1. Introduction In State of Texas v. Bondi, No. 24-10386 (5th Cir. Aug. 15, 2025), the...
The Stelly Clarification: One-Year Prescriptive Period Governs § 1981 Failure-to-Promote Actions Involving “New and Distinct” Internal Promotions

The Stelly Clarification: One-Year Prescriptive Period Governs § 1981 Failure-to-Promote Actions Involving “New and Distinct” Internal Promotions

Date: Aug 19, 2025
The Stelly Clarification: One-Year Prescriptive Period Governs § 1981 Failure-to-Promote Actions Involving “New and Distinct” Internal Promotions 1. Introduction In Stelly v. Department of Public...
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