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tenth-circuit-upholds-stringent-& Case Commentaries

Vacatur of Moot Commitment Orders for Insanity Acquittees: State v. Guild (Conn. 2025)

Vacatur of Moot Commitment Orders for Insanity Acquittees: State v. Guild (Conn. 2025)

Date: Aug 25, 2025
Vacatur of Moot Commitment Orders for Insanity Acquittees: State v. Guild, 353 Conn. ____ (2025) Introduction State v. Guild confronts the Connecticut Supreme Court with an increasingly common...
Rivera v. New Castle County Police Department: Third Circuit Reinforces “Defendant-Knowledge” Test for Rule 15(c) Relation Back

Rivera v. New Castle County Police Department: Third Circuit Reinforces “Defendant-Knowledge” Test for Rule 15(c) Relation Back

Date: Aug 25, 2025
Rivera v. New Castle County Police Department: Third Circuit Reinforces “Defendant-Knowledge” Test for Rule 15(c) Relation Back Introduction In Michael Rivera v. New Castle County Police Department...

        Third-Circuit Clarifies that Significant Prison Disciplinary History Can Justify an
        Upward Variance at Post-Taylor Resentencing Despite a Lower Amended Guideline Range

Third-Circuit Clarifies that Significant Prison Disciplinary History Can Justify an Upward Variance at Post-Taylor Resentencing Despite a Lower Amended Guideline Range

Date: Aug 25, 2025
Third-Circuit Clarifies that Significant Prison Disciplinary History Can Justify an Upward Variance at Post-Taylor Resentencing Despite a Lower Amended Guideline Range Introduction United States v....
“Safety-Related Small Talk” Doctrine: A Detailed Commentary on United States v. Raphael Ross (3d Cir. 2025)

“Safety-Related Small Talk” Doctrine: A Detailed Commentary on United States v. Raphael Ross (3d Cir. 2025)

Date: Aug 25, 2025
United States v. Raphael Ross: Third Circuit Endorses a “Safety-Related Small Talk” Exception to Rodriguez I. Introduction United States v. Raphael Ross, No. 23-1631 (3d Cir. Aug. 19, 2025) marks the...
“Reining-In the NLRB” – Fifth Circuit Invalidates Dual For-Cause Removal Protections and Affirms District Courts’ Power to Enjoin Agency Proceedings

“Reining-In the NLRB” – Fifth Circuit Invalidates Dual For-Cause Removal Protections and Affirms District Courts’ Power to Enjoin Agency Proceedings

Date: Aug 25, 2025
“Reining-In the NLRB” – Fifth Circuit Invalidates Dual For-Cause Removal Protections and Affirms District Courts’ Power to Enjoin Agency Proceedings 1. Introduction In Space Exploration Technologies...
“Here-and-Now” Harm and Dual-Layer Removal: A Comprehensive Commentary on Energy Transfer, L.P. v. NLRB (5th Cir. 2025)

“Here-and-Now” Harm and Dual-Layer Removal: A Comprehensive Commentary on Energy Transfer, L.P. v. NLRB (5th Cir. 2025)

Date: Aug 25, 2025
“Here-and-Now” Harm and Dual-Layer Removal: The Fifth Circuit Re-Shapes Pre-Enforcement Review in Energy Transfer, L.P. v. NLRB Introduction Energy Transfer, L.P. v. National Labor Relations Board is...
Garces v. Hernandez: The Fifth Circuit’s Express Admonition on AI-Generated Citations and the Unyielding Reach of Res Judicata

Garces v. Hernandez: The Fifth Circuit’s Express Admonition on AI-Generated Citations and the Unyielding Reach of Res Judicata

Date: Aug 25, 2025
Garces v. Hernandez: The Fifth Circuit’s Express Admonition on AI-Generated Citations and the Unyielding Reach of Res Judicata 1. Introduction Garces v. Hernandez (No. 25-50342, 5th Cir. Aug. 19,...
No-Name, No-Toll: Fifth Circuit Clarifies Accrual and Equitable Tolling for § 1983 Claims – A Commentary on Jenkins v. Tahmahkera

No-Name, No-Toll: Fifth Circuit Clarifies Accrual and Equitable Tolling for § 1983 Claims – A Commentary on Jenkins v. Tahmahkera

Date: Aug 25, 2025
No-Name, No-Toll: Fifth Circuit Clarifies Accrual and Equitable Tolling for § 1983 Claims Introduction In Jenkins v. Tahmahkera, No. 24-10724 (5th Cir. Aug. 19, 2025), the United States Court of...
Lexon v. Chevron: Fifth Circuit Limits Surety Subrogation & Contribution on the Outer Continental Shelf

Lexon v. Chevron: Fifth Circuit Limits Surety Subrogation & Contribution on the Outer Continental Shelf

Date: Aug 25, 2025
Lexon v. Chevron: Fifth Circuit Limits Surety Subrogation & Contribution on the Outer Continental Shelf 1. Introduction In Lexon Insurance Co. v. Chevron U.S.A. Inc., No. 24-20347 (5th Cir. Aug. 19,...
“No Clearly-Established Right to Be Free from a Non-Deadly Push While Fleeing” –  Sealey v. Mancias and the Pleading Burden in Fifth-Circuit Excessive-Force Claims

“No Clearly-Established Right to Be Free from a Non-Deadly Push While Fleeing” – Sealey v. Mancias and the Pleading Burden in Fifth-Circuit Excessive-Force Claims

Date: Aug 25, 2025
“No Clearly-Established Right to Be Free from a Non-Deadly Push While Fleeing” – Sealey v. Mancias and the Pleading Burden in Fifth-Circuit Excessive-Force Claims 1. Introduction Sealey v. Mancias,...

        “Here-and-Now Harm” & Dual-Layer Tenure:  The Fifth Circuit’s Seal of Unconstitutionality on NLRB Removal Protections

“Here-and-Now Harm” & Dual-Layer Tenure: The Fifth Circuit’s Seal of Unconstitutionality on NLRB Removal Protections

Date: Aug 25, 2025
“Here-and-Now Harm” & Dual-Layer Tenure: The Fifth Circuit’s Seal of Unconstitutionality on NLRB Removal Protections 1. Introduction In Space Exploration Technologies Corp. v. National Labor...
“Privileged-Information Prosecutor Conflicts” – The New Fourth-Circuit Safeguard Emerging from Raminder Kaur v. Warden (2025)

“Privileged-Information Prosecutor Conflicts” – The New Fourth-Circuit Safeguard Emerging from Raminder Kaur v. Warden (2025)

Date: Aug 25, 2025
“Privileged-Information Prosecutor Conflicts” – The New Fourth-Circuit Safeguard Emerging from Raminder Kaur v. Warden (4th Cir. 2025) 1. Introduction The Fourth Circuit’s published decision in...
Clarifying District Court Discretion to Deny First Step Act Relief Sought Solely to “Bank Time” — Commentary on United States v. Mahatha (4th Cir. 2025)

Clarifying District Court Discretion to Deny First Step Act Relief Sought Solely to “Bank Time” — Commentary on United States v. Mahatha (4th Cir. 2025)

Date: Aug 25, 2025
Clarifying District Court Discretion to Deny First Step Act Relief Sought Solely to “Bank Time” — Commentary on United States v. Mahatha (4th Cir. 2025) 1. Introduction In United States v. Mahatha,...
“From Wellness-Check to Exigency” – Rhode Island Affirms a Broad, Totality-Driven Emergency-Aid Exception in State v. Nathan Cooper (2025)

“From Wellness-Check to Exigency” – Rhode Island Affirms a Broad, Totality-Driven Emergency-Aid Exception in State v. Nathan Cooper (2025)

Date: Aug 25, 2025
“From Wellness-Check to Exigency” – Rhode Island Affirms a Broad, Totality-Driven Emergency-Aid Exception in State v. Nathan Cooper (2025) Introduction In State v. Nathan Cooper, the Rhode Island...
Mandamus, Faretta, and Jurisdiction:  Denial of the Right to Self-Representation is a Non-Jurisdictional Error – State ex rel. Johnson v. McNamara (2025-Ohio-2891)

Mandamus, Faretta, and Jurisdiction: Denial of the Right to Self-Representation is a Non-Jurisdictional Error – State ex rel. Johnson v. McNamara (2025-Ohio-2891)

Date: Aug 25, 2025
Mandamus, Faretta, and Jurisdiction: Denial of the Right to Self-Representation is a Non-Jurisdictional Error – State ex rel. Johnson v. McNamara (2025-Ohio-2891) Introduction State ex rel. Johnson...
“Stated Prison Term” Redefined: Ohio Supreme Court Bars Judicial Release for Pre-S.B. 2 Indefinite Sentences

“Stated Prison Term” Redefined: Ohio Supreme Court Bars Judicial Release for Pre-S.B. 2 Indefinite Sentences

Date: Aug 25, 2025
“Stated Prison Term” Redefined: Ohio Supreme Court Bars Judicial Release for Pre-S.B. 2 Indefinite Sentences 1. Introduction State v. Staffrey, 2025-Ohio-2889, presented the Supreme Court of Ohio...

        “No Discharge Without Restitution” – The Supreme Court of Ohio Clarifies
        that Restitution Remains a Criminal Sanction for Record-Sealing Purposes
        (State v. T.W.C., 2025-Ohio-2890)

“No Discharge Without Restitution” – The Supreme Court of Ohio Clarifies that Restitution Remains a Criminal Sanction for Record-Sealing Purposes (State v. T.W.C., 2025-Ohio-2890)

Date: Aug 25, 2025
“No Discharge Without Restitution” – The Supreme Court of Ohio Clarifies that Restitution Remains a Criminal Sanction for Record-Sealing Purposes (State v. T.W.C., 2025-Ohio-2890) 1. Introduction...
Hawaiʻi Supreme Court Clarifies Mandatory Director Indemnification and “Fees-on-Fees” Recovery: Loyalty Development Company, Ltd. v. Ching (2025)

Hawaiʻi Supreme Court Clarifies Mandatory Director Indemnification and “Fees-on-Fees” Recovery: Loyalty Development Company, Ltd. v. Ching (2025)

Date: Aug 25, 2025
Hawaiʻi Supreme Court Clarifies Mandatory Director Indemnification and “Fees-on-Fees” Recovery Loyalty Development Company, Ltd. v. Ching, 154 Haw. 256 (2025) Introduction In Loyalty Development...
“Notice-Defeats-Laches” – Clark v. Hemphill Artworks, LLC and the Second Circuit’s Clarification of Laches at the Pleading Stage in Art-Conversion Suits

“Notice-Defeats-Laches” – Clark v. Hemphill Artworks, LLC and the Second Circuit’s Clarification of Laches at the Pleading Stage in Art-Conversion Suits

Date: Aug 25, 2025
“Notice-Defeats-Laches” – Clark v. Hemphill Artworks, LLC and the Second Circuit’s Clarification of Laches at the Pleading Stage in Art-Conversion Suits 1. Introduction Clark v. Hemphill Artworks,...
“The Multiple-Inconsistency Exhaustion Test” – Clarifying Credibility and Exhaustion in Immigration Appeals (Commentary on Li v. Bondi, 2d Cir. 2025)

“The Multiple-Inconsistency Exhaustion Test” – Clarifying Credibility and Exhaustion in Immigration Appeals (Commentary on Li v. Bondi, 2d Cir. 2025)

Date: Aug 25, 2025
“The Multiple-Inconsistency Exhaustion Test” – Clarifying Credibility and Exhaustion in Immigration Appeals (Commentary on Li v. Bondi, Court of Appeals for the Second Circuit, 19 Aug 2025) 1....
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