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tenth-circuit-upholds-stringent-& Case Commentaries

“Sua Sponte” Assessment of Mandatory State-Attorney Costs: Parks v. State of Florida and the End of the “Request” Requirement

“Sua Sponte” Assessment of Mandatory State-Attorney Costs: Parks v. State of Florida and the End of the “Request” Requirement

Date: Jun 18, 2025
“Sua Sponte” Assessment of Mandatory State-Attorney Costs: Parks v. State of Florida and the End of the “Request” Requirement 1. Introduction Jourdan Daniel Parks v. State of Florida, decided by the...
No Private Right of Action under the No Surprises Act – Commentary on Guardian Flight v. Health Care Service Corp.

No Private Right of Action under the No Surprises Act – Commentary on Guardian Flight v. Health Care Service Corp.

Date: Jun 18, 2025
No Private Right of Action under the No Surprises Act: Guardian Flight, L.L.C. & Med-Trans Corp. v. Health Care Service Corp. Introduction On 12 June 2025 the U.S. Court of Appeals for the Fifth...
Reinforcing Limited Judicial Review & Arbitral Immunity under the No Surprises Act:  A Commentary on Guardian Flight, L.L.C. v. Aetna Health, Inc. (5th Cir. 2025)

Reinforcing Limited Judicial Review & Arbitral Immunity under the No Surprises Act: A Commentary on Guardian Flight, L.L.C. v. Aetna Health, Inc. (5th Cir. 2025)

Date: Jun 18, 2025
Reinforcing Limited Judicial Review & Arbitral Immunity under the No Surprises Act: A Commentary on Guardian Flight, L.L.C. v. Aetna Health, Inc. (5th Cir. 2025) Introduction The Fifth Circuit’s...
Consolidating Judicial Review under the No Surprises Act: Fifth Circuit Confirms Exclusive FAA Grounds and Extends Arbitral Immunity to Certified IDR Entities

Consolidating Judicial Review under the No Surprises Act: Fifth Circuit Confirms Exclusive FAA Grounds and Extends Arbitral Immunity to Certified IDR Entities

Date: Jun 18, 2025
Consolidating Judicial Review under the No Surprises Act: Fifth Circuit Confirms Exclusive FAA Grounds and Extends Arbitral Immunity to Certified IDR Entities Introduction Guardian Flight, L.L.C. v....
The “Indivisible Negotiation” Doctrine: Fourth Circuit Confirms Broad Federal-Officer Removal Despite State Disclaimers

The “Indivisible Negotiation” Doctrine: Fourth Circuit Confirms Broad Federal-Officer Removal Despite State Disclaimers

Date: Jun 18, 2025
The “Indivisible Negotiation” Doctrine: Fourth Circuit Confirms Broad Federal-Officer Removal Despite State Disclaimers 1. Introduction In State of West Virginia ex rel. Mark A. Hunt v. CaremarkPCS...
United States v. Fozard: Appeal-Waiver Boundaries and the Mandatory Remedy for Rogers Errors

United States v. Fozard: Appeal-Waiver Boundaries and the Mandatory Remedy for Rogers Errors

Date: Jun 18, 2025
United States v. Fozard: Appeal-Waiver Boundaries and the Mandatory Remedy for Rogers Errors Introduction United States v. Antonio Deon Fozard, No. 22-4679 (4th Cir. June 12, 2025) tackles the...
The “Oliver Clarification”: Integrated Sentencing Explanations Suffice for Both Custody and Supervision in Revocation Proceedings

The “Oliver Clarification”: Integrated Sentencing Explanations Suffice for Both Custody and Supervision in Revocation Proceedings

Date: Jun 18, 2025
The “Oliver Clarification”: Integrated Sentencing Explanations Suffice for Both Custody and Supervision in Revocation Proceedings Introduction United States v. Donta Oliver, No. 24-4622 (4th Cir....
Runey v. Faring: Reaffirming Certiorari-Only Review for Denials of Preliminary Injunctions and the Binding Force of Unappealed Judgments

Runey v. Faring: Reaffirming Certiorari-Only Review for Denials of Preliminary Injunctions and the Binding Force of Unappealed Judgments

Date: Jun 18, 2025
Runey v. Faring: Reaffirming Certiorari-Only Review for Denials of Preliminary Injunctions and the Binding Force of Unappealed Judgments Introduction The Rhode Island Supreme Court’s decision in...
State v. Raso: Clarifying § 12-19-18(b)(5) — Rule 48(a) Dismissals that Preserve Probable Cause Do Not Compel Termination of Probation-Violation Sentences

State v. Raso: Clarifying § 12-19-18(b)(5) — Rule 48(a) Dismissals that Preserve Probable Cause Do Not Compel Termination of Probation-Violation Sentences

Date: Jun 18, 2025
State v. Raso: Clarifying § 12-19-18(b)(5) — Rule 48(a) Dismissals that Preserve Probable Cause Do Not Compel Termination of Probation-Violation Sentences Introduction The Supreme Court of Rhode...
Converging Paths at Summary Judgment: The Eleventh Circuit Re-Affirms the Interchangeability of the “McDonnell Douglas” and “Convincing Mosaic” Approaches

Converging Paths at Summary Judgment: The Eleventh Circuit Re-Affirms the Interchangeability of the “McDonnell Douglas” and “Convincing Mosaic” Approaches

Date: Jun 18, 2025
Converging Paths at Summary Judgment: The Eleventh Circuit Re-Affirms the Interchangeability of the “McDonnell Douglas” and “Convincing Mosaic” Approaches Introduction In Amy Sanusi v. Grady Memorial...
County-Level Party Autonomy & Ballot-Question Speech: New First-Amendment Guardrails from Catoosa GOP v. Catoosa County BOE

County-Level Party Autonomy & Ballot-Question Speech: New First-Amendment Guardrails from Catoosa GOP v. Catoosa County BOE

Date: Jun 18, 2025
County-Level Party Autonomy & Ballot-Question Speech: The Eleventh Circuit Establishes First-Amendment Standing for Local Parties and Treats Primary-Ballot Questions as Presumptively Private Speech...
United States v. Cortero-Roman: Eleventh Circuit Demands Full Explanation for “Extraordinary” Upward Variances

United States v. Cortero-Roman: Eleventh Circuit Demands Full Explanation for “Extraordinary” Upward Variances

Date: Jun 18, 2025
United States v. Cortero-Roman: Eleventh Circuit Demands Full Explanation for “Extraordinary” Upward Variances 1. Introduction The Eleventh Circuit’s unpublished decision in United States v. J. Cruz...
United States v. Hood: Affirming Upward Variances for Domestic-Violence Violations of Supervised Release

United States v. Hood: Affirming Upward Variances for Domestic-Violence Violations of Supervised Release

Date: Jun 18, 2025
United States v. Hood: Affirming Upward Variances for Domestic-Violence Violations of Supervised Release Introduction United States v. Antonio L. Hood (6th Cir. 2025) concerns the scope of a district...
Reaffirming the Plaintiff’s Burden on the Clearly-Established Law Prong in Qualified Immunity: A Commentary on Bailey v. Beale (10th Cir. 2025)

Reaffirming the Plaintiff’s Burden on the Clearly-Established Law Prong in Qualified Immunity: A Commentary on Bailey v. Beale (10th Cir. 2025)

Date: Jun 18, 2025
Reaffirming the Plaintiff’s Burden on the Clearly-Established Law Prong in Qualified Immunity A Comprehensive Commentary on Bailey v. Beale, No. 23-7083 (10th Cir. 2025) 1. Introduction Bailey v....

“Material Amendments Reset the Clock” – The Tenth Circuit’s Clarification that a
Materially-Amended Judgment, not the Initial Judgment, Triggers Utah’s Eight-Year
Enforcement Period, and that Statutory Stays Toll that Period (EarthGrains Baking
Companies v. Sycamore Family Bakery, 10th Cir. 2025)

“Material Amendments Reset the Clock” – The Tenth Circuit’s Clarification that a Materially-Amended Judgment, not the Initial Judgment, Triggers Utah’s Eight-Year Enforcement Period, and that Statutory Stays Toll that Period (EarthGrains Baking Companies v. Sycamore Family Bakery, 10th Cir. 2025)

Date: Jun 18, 2025
“Material Amendments Reset the Clock” – The Tenth Circuit’s Clarification that a Materially-Amended Judgment, not the Initial Judgment, Triggers Utah’s Eight-Year Enforcement Period, and that...
Grunt Style LLC v. TWD, LLC: Treating Omitted Counter-claims as a Rule 60(a) Clerical Error – A Streamlined Remand Procedure Without a New Notice of Appeal

Grunt Style LLC v. TWD, LLC: Treating Omitted Counter-claims as a Rule 60(a) Clerical Error – A Streamlined Remand Procedure Without a New Notice of Appeal

Date: Jun 18, 2025
Grunt Style LLC v. TWD, LLC: Treating Omitted Counter-claims as a Rule 60(a) Clerical Error – A Streamlined Remand Procedure Without a New Notice of Appeal Introduction In Grunt Style LLC v. TWD,...
Restoring Clarity to Final Judgments: Seventh Circuit Defines Procedure for Correcting Rule 58 Omissions and Handling Duplicative Appeals

Restoring Clarity to Final Judgments: Seventh Circuit Defines Procedure for Correcting Rule 58 Omissions and Handling Duplicative Appeals

Date: Jun 18, 2025
Restoring Clarity to Final Judgments: Seventh Circuit Defines Procedure for Correcting Rule 58 Omissions and Handling Duplicative Appeals Introduction Grunt Style LLC v. TWD, LLC, Nos. 25-1305 &...

        “No-Hearing Where No-Fact-Dispute” Doctrine & Continued Protection for Transgender Students:
        A Commentary on Jane Doe (D.P.) v. Mukwonago Area School District, 7th Cir. (2025)

“No-Hearing Where No-Fact-Dispute” Doctrine & Continued Protection for Transgender Students: A Commentary on Jane Doe (D.P.) v. Mukwonago Area School District, 7th Cir. (2025)

Date: Jun 18, 2025
“No-Hearing Where No-Fact-Dispute” Doctrine & Continued Protection for Transgender Students Commentary on Jane Doe (D.P.) v. Mukwonago Area School District, Court of Appeals for the Seventh Circuit...
Oye v. Hartford Life: Seventh Circuit Clarifies District Courts’ Obligations in De Novo ERISA Reviews under Rule 52(a)

Oye v. Hartford Life: Seventh Circuit Clarifies District Courts’ Obligations in De Novo ERISA Reviews under Rule 52(a)

Date: Jun 18, 2025
Oye v. Hartford Life: Seventh Circuit Clarifies District Courts’ Obligations in De Novo ERISA Reviews under Rule 52(a) Introduction In Olayinka Oye v. Hartford Life and Accident Insurance Company,...
“One Standard for All” – The Supreme Court Abolishes the “Bad-Faith or Gross-Misjudgment” Hurdle in ADA & §504 Education Cases

“One Standard for All” – The Supreme Court Abolishes the “Bad-Faith or Gross-Misjudgment” Hurdle in ADA & §504 Education Cases

Date: Jun 18, 2025
“One Standard for All” – The Supreme Court Abolishes the “Bad-Faith or Gross-Misjudgment” Hurdle in ADA & §504 Education Cases Introduction In A. J. T. v. Osseo Area Schools, Indep. Sch. Dist....
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