Previously Admitted Adjustment Applicants Must Prove Admissibility by a Preponderance of the Evidence Case: Sintia Nivar Santana v. Todd Blanche, No. 22-2114 Court: United States Court of Appeals for...
West Virginia’s Daniel’s Law: Disclosure Liability Without Notice or Knowledge Fails Strict Scrutiny Case: Michael Jackson v. PeopleConnect, Inc., and four consolidated appeals Court: United States...
West Virginia’s Automatic Liability for Publishing Officials’ Contact Information Fails Strict Scrutiny Case: Michael Jackson v. LexisNexis Risk Solutions, Inc., and four consolidated appeals, Nos....
Public-Official Privacy and Free Speech: West Virginia’s Disclosure Ban Fails Strict Scrutiny Case: Michael Jackson v. Thomson Reuters America Corporation and four consolidated appeals Court: United...
West Virginia’s Daniel’s Law Fails Strict Scrutiny: Disclosure Liability Without Notice or Knowledge Is Insufficiently Tailored Case: Michael Jackson v. Thryv, Inc. and four consolidated appeals...
Officials’ Privacy and Protected Speech: West Virginia’s Disclosure Ban Fails Strict Scrutiny for Lack of Narrow Tailoring Case: Michael Jackson v. Whitepages, Inc., and four consolidated appeals,...
Sentencing References to Community Violence Do Not Establish Reliance on Inaccurate Facts Case: United States v. Isaiah Gibbs, No. 24-4150 Court: United States Court of Appeals for the Fourth Circuit...
Reaffirming the Age-18 Boundary for Mandatory Life Sentences and Deferential Review of a Discretionary Life Term Case: United States v. Daniel Mathis, No. 25-4240 Court: United States Court of...
Section 404 Permit Challenges Proceed Under the APA: Upholding a Project-Wide Wetlands Alternatives Analysis Case: South Carolina Coastal Conservation League v. United States Army Corps of Engineers,...
Fourth Circuit: Breach-of-Trust Sanctions Remain Permissible After Esteras Case: United States v. Andrew Chafin Court: United States Court of Appeals for the Fourth Circuit Decided: October 19, 2026...
Heck-Based Deferred Accrual Extends to Certain FTCA Claims Challenging Prison Discipline Case: Donte Parrish v. United States, No. 20-1766 Court: United States Court of Appeals for the Fourth Circuit...
Board Membership and Routine Outreach Alone Do Not Establish Agency for FCA Retaliation Protection Case: Marshall Austin v. Charleston Day School, No. 25-1858 Court: United States Court of Appeals...
Continuing Harm from Past Abuse Does Not Replace CAT’s Requirement of Likely Future Torture Case: Mohammad Qaiymah v. Todd Blanche Court: United States Court of Appeals for the Fourth Circuit...
Title VII’s Religious-Employer Exemption Does Not Shield Religiously Motivated Sex Discrimination Commentary on John Doe v. Catholic Relief Services United States Court of Appeals for the Fourth...
Statutory Title IX Enforcement Challenges Are Not Automatically Tucker Act Contract Claims Case: Arlington School Board v. Linda McMahon, consolidated with the Fairfax County School Board’s appeal,...
Title IX Enforcement Challenges Require Claim-Specific Tucker Act Analysis, Not Wholesale Dismissal Case: Fairfax County School Board v. Linda McMahon, consolidated with Arlington School Board’s...
South Carolina’s Offer-or-Attempt Assault Offense Remains a Guidelines Crime of Violence After Clemons Case: United States v. Jesse Owens, No. 25-4469 Court: United States Court of Appeals for the...
Family-Based Asylum Nexus on Reopening Requires Consideration of New Evidence in the Context of the Entire Record Jenyfer Fajardo-Rivas v. Todd Blanche United States Court of Appeals for the Fourth...
Prison-Official Assaults: Substantial Injury Risk, Not Actual Injury, Governs the Official-Victim Enhancement Case: United States v. Nazeer Vick Court: United States Court of Appeals for the Fourth...
Separate Sentencings Can Render a Defendant Ineligible for USSG § 4C1.1’s Zero-Point Offender Reduction, and Guideline Errors May Be Affirmed as Harmless Where the Same Sentence Would Be Imposed 1....