tenth-circuit-upholds-stringent-&amp Case Commentaries

Corporate Venue Statute Applies to LLCs: Alabama Supreme Court Overrules WMS and Aligns LLC Venue with § 6-3-7

Date: Sep 30, 2025

Corporate Venue Statute Applies to LLCs: Alabama Supreme Court Overrules WMS and Aligns LLC Venue with § 6-3-7 Introduction In Ex parte Phillip H. Rivers, Steven Nobles, Todd Martin, Stan Roberts,...

Ex parte Thompson: Post-Deposition Inaction Defeats Relation Back — Due Diligence Requires Timely Discovery and Prompt Substitution Under Rule 9(h)

Date: Sep 30, 2025

Ex parte Thompson: Post-Deposition Inaction Defeats Relation Back — Due Diligence Requires Timely Discovery and Prompt Substitution Under Rule 9(h) Introduction In Ex parte Grisby Jacob Thompson, the...

When a Continuance Extends Rule 59.1: Alabama Supreme Court Requires Continuance Motions and Orders to Appear in the Appellate Record

Date: Sep 30, 2025

When a Continuance Extends Rule 59.1: Alabama Supreme Court Requires Continuance Motions and Orders to Appear in the Appellate Record Introduction In Teresa Williams and Barney’s Childcare and...

No Preservation Bar to “Failure to Charge an Offense” in De Novo Municipal Appeals; Rule 13.2 Supplants Pre‑Rules Ordinance‑Averment Requirements

Date: Sep 30, 2025

No Preservation Bar to “Failure to Charge an Offense” in De Novo Municipal Appeals; Rule 13.2 Supplants Pre‑Rules Ordinance‑Averment Requirements Case: Ex parte John Sandifer; Ex parte Curtis Tanner;...

When Parties Waive Appeals, Even Erroneous Sealing Orders Stand: Third Circuit Holds Indefinite Post‑Judgment Sealing Orders Are Final Collateral Orders but Unreviewable by a Waiving Party

Date: Sep 28, 2025

When Parties Waive Appeals, Even Erroneous Sealing Orders Stand: The Third Circuit Confirms Indefinite Post‑Judgment Sealing Orders Are Final Collateral Orders but Unreviewable by a Waiving Party...

Reaffirming Sovereign and Judicial Immunity and Plausibility Pleading in Domestic‑Relations–Adjunct RICO/§ 1983 Suits: Fake v. Commonwealth of Pennsylvania (3d Cir. 2025)

Date: Sep 28, 2025

Reaffirming Sovereign and Judicial Immunity and Plausibility Pleading in Domestic‑Relations–Adjunct RICO/§ 1983 Suits: Fake v. Commonwealth of Pennsylvania (3d Cir. 2025) Note: This Third Circuit...

Post-Deprivation Prison Grievance Procedures Satisfy Due Process for Temporarily Withheld Inmate Funds; Supervisory Liability Requires Personal Involvement, Not Grievance Denials (Bell v. Superintendent Benner Township SCI)

Date: Sep 28, 2025

Post-Deprivation Prison Grievance Procedures Satisfy Due Process for Temporarily Withheld Inmate Funds; Supervisory Liability Requires Personal Involvement, Not Grievance Denials Introduction This...

Actual Fraud or Nothing: Market-Tested Sale Findings and Appellate Record Limits Defeat § 1144 Revocation in Virgin Orbit

Date: Sep 28, 2025

Actual Fraud or Nothing: Market-Tested Sale Findings and Appellate Record Limits Defeat § 1144 Revocation in Virgin Orbit Introduction This commentary analyzes the Third Circuit’s non-precedential...

CAFA Amount in Controversy Fixed at Filing—Even If Federal Claims Are Later Dismissed; Third Circuit Reaffirms Panzarella’s “Use” Requirement for TCPA ATDS Liability

Date: Sep 28, 2025

CAFA Amount in Controversy Fixed at Filing—Even If Federal Claims Are Later Dismissed; Third Circuit Reaffirms Panzarella’s “Use” Requirement for TCPA ATDS Liability Introduction In Michael Anthony...

Imposters Can “Occupy” a Position of Trust: Fourth Circuit Reaffirms §3B1.3’s Reach Post‑Kisor and Upholds Probation’s Authority to Set Treatment Details

Date: Sep 28, 2025

Imposters Can “Occupy” a Position of Trust: Fourth Circuit Reaffirms §3B1.3’s Reach Post‑Kisor and Upholds Probation’s Authority to Set Treatment Details Introduction In United States v. Brewer, the...

Mandamus Is Not a Vehicle to Challenge § 636(b) Referrals or Routine Case-Management Orders: In re Huber (10th Cir. 2025)

Date: Sep 28, 2025

Mandamus Is Not a Vehicle to Challenge § 636(b) Referrals or Routine Case-Management Orders: In re Huber (10th Cir. 2025) Introduction In In re Huber, No. 25-4109 (10th Cir. Sept. 26, 2025), the...

“Found In” Means Each Discovery Is a Separate § 1326 Offense—No Intervening Removal Required (United States v. Herrera‑Salazar, 10th Cir. 2025)

Date: Sep 28, 2025

“Found In” Means Each Discovery Is a Separate § 1326 Offense—No Intervening Removal Required Case: United States v. Herrera‑Salazar, No. 24‑7029 (10th Cir. Sept. 26, 2025) (nonprecedential Order and...

United States v. Stacy: Tenth Circuit Opens §1292(a)(1) Path to Enjoin DOJ Spending Under the Medical Marijuana Appropriations Rider and Limits Protection to At Least Substantial Compliance with State Law

Date: Sep 28, 2025

United States v. Stacy: Tenth Circuit Opens §1292(a)(1) Path to Enjoin DOJ Spending Under the Medical Marijuana Appropriations Rider and Limits Protection to At Least Substantial Compliance with...

No Continuing Violation for FDCPA Suits Based on Debt-Collection Litigation; Post-Complaint Filings Do Not Restart the One-Year Clock

Date: Sep 27, 2025

No Continuing Violation for FDCPA Suits Based on Debt-Collection Litigation; Post-Complaint Filings Do Not Restart the One-Year Clock Case: Helisha Moore v. Cohn, Lifland, Pearlman, Hermann & Knoph...

Davis v. Curtis: Tenth Circuit Reaffirms Continuing Court‑Martial Jurisdiction After ETS and Strict “Full and Fair Consideration” Limits on § 2241 Review

Date: Sep 27, 2025

Continuing Court‑Martial Jurisdiction After ETS and the Strict Dodson Gatekeeper for Military Habeas Review: Commentary on Davis v. Curtis (10th Cir. Sept. 25, 2025) Introduction In Davis v. Curtis,...

No Interlocutory Appeal From Denial of Motion to Dismiss Criminal Contempt: Tenth Circuit Reaffirms “Substance Over Form” and the Narrow Reach of the Collateral-Order Doctrine and 28 U.S.C. § 1292(a)

Date: Sep 27, 2025

No Interlocutory Appeal From Denial of Motion to Dismiss Criminal Contempt: Tenth Circuit Reaffirms “Substance Over Form” and the Narrow Reach of the Collateral-Order Doctrine and 28 U.S.C. § 1292(a)...

Financing Is Not “Labor or Material” Under Subcontract Payment Bonds; Oklahoma’s Parol‑Evidence Stranger Exception Applies; Prevailing Defendants May Recover Fees Under § 936 Based on the Suit’s Gravamen

Date: Sep 27, 2025

Financing Is Not “Labor or Material” Under Subcontract Payment Bonds; Oklahoma’s Parol‑Evidence Stranger Exception Applies; Prevailing Defendants May Recover Fees Under § 936 Based on the Suit’s...

Limited Pearce Presumption in Nevada Parole Proceedings: No Vindictiveness Presumed When the Parole Board Self‑Corrects

Date: Sep 27, 2025

Limited Pearce Presumption in Nevada Parole Proceedings: No Vindictiveness Presumed When the Parole Board Self‑Corrects Introduction This commentary analyzes the Nevada Supreme Court’s decision in...

Gatekeeping the Three‑Judge Panel: Wisconsin Supreme Court Requires Threshold Showing that a Redistricting Suit Is an “Apportionment” Challenge Before § 751.035 Is Triggered

Date: Sep 27, 2025

Gatekeeping the Three‑Judge Panel: Wisconsin Supreme Court Requires Threshold Showing that a Redistricting Suit Is an “Apportionment” Challenge Before § 751.035 Is Triggered Introduction In a...

Gatekeeping Before Appointing Three‑Judge Redistricting Panels: Wisconsin Supreme Court to Decide What Counts as an “Apportionment” Challenge Under Wis. Stat. § 801.50(4m)

Date: Sep 27, 2025

Gatekeeping Before Appointing Three‑Judge Redistricting Panels: Wisconsin Supreme Court to Decide What Counts as an “Apportionment” Challenge Under Wis. Stat. § 801.50(4m) Introduction In Wisconsin...