De Novo ERISA Review Allows Extra-Record Evidence in District Court—But Not Late or on Appeal Absent Scheduling Compliance and “Interests of Justice” Introduction In Yu Wang v. Metropolitan Life...
Guidelines Commentary Error on § 2G2.2 Video “Image” Counting Is Not Plainly Reversible When Correct Frame-Based Counting Still Triggers the 600-Image Enhancement Case: United States v. Lucio Daza...
Wyoming Boys’ School Cannot Be Used to Detain Alleged Delinquents Pre‑Adjudication 1. Introduction In the Interest of RCR, a Minor Child: State of Wyoming, Department of Family Services; Wyoming...
Wyoming Boys’ School Cannot Be Used for Pre-Adjudication Juvenile Detention Under the Juvenile Justice Act 1. Introduction In In the Interest of RCR, a minor child, STATE OF WYOMING, DEPARTMENT OF...
Wyoming Courts Cannot Condition Public-Defender Representation on Forced Pretrial Liquidation of a Defendant’s Assets Introduction In John Robert Allen v. The State of Wyoming, 2026 WY 72, the...
Harmless-Error Affirmance of Supervised-Release Revocation Despite Missing Rule 32.1 Interest-of-Justice Balancing, and No FRE 901 Authentication Requirement 1. Introduction In United States v....
Generalized Prison-Violence Eighth Amendment Claims: Contextualized Assault Rates, Judicial Notice of Population, and “Specific Features” Can Defeat Summary Judgment I. Introduction Mitchell Marbury...
Public University Classroom Speech Is Not “Government Speech”: Florida’s Individual Freedom Act Likely Unconstitutional Viewpoint Discrimination I. Introduction In consolidated interlocutory appeals...
Legislative Viewpoint Bans in Public University Classrooms Are Unconstitutional: The Eleventh Circuit Rejects “Salary-for-Speech” and Declines to Extend Garcetti to Teaching Case: LeRoy Pernell v....
Post‑Mediation Inactivity Supports Dismissal With Prejudice; Frivolous Motion Practice Supports Fee Sanctions; Undertaking Required to Appeal Justice‑Court Money Judgments Introduction Smith v....
State v. Morris (2026 MT 143): Record-Based Nexus Required for Minor-Contact Probation Conditions; Mazurek Hearings Not a Discovery Tool; Defense Witness Statements Discoverable Despite Work-Product...
Mixed Natural/Artificial Pond–Channel Connections Trigger 310 Jurisdiction and Allow Permit Denial Under “Discouraged” Pond Rules (Burtons v. Flathead Conservation Dist.) 1. Introduction Case:...
Actual Fraud by Forged Real-Property Instruments: Clear-and-Convincing Proof Supports Compensatory Damages and Fee-Shifting to Clear Clouded Title 1. Introduction In Estate of Tosch v. Kahle, 2026 MT...
Delaware Rule 42 Reaffirmed: “Exceptional Circumstances” Required for Interlocutory Review of Rule 23.1 Double‑Derivative Rulings 1. Introduction This Delaware Supreme Court decision arises from an...
Actual Notice via PACER Satisfies Due Process and Failure to Object Forfeits Bankruptcy Plan Challenges (Including Purdue-Pharma Third-Party Release Attacks) Case: Acute, Inc. v. ECI Pharmaceuticals,...
Mid-Trial Flight as Waiver of the Right to Be Present and as Obstruction Under U.S.S.G. § 3C1.1 I. Introduction In United States v. Michael Monteith (11th Cir. July 7, 2026) (unpublished;...
Charley v. United States: Case-Ending Exclusion of a Required Causation Expert for Deposition-Order Violations Need Not Follow a Mechanical Ehrenhaus Checklist 1. Introduction In Charley v. United...
Federal Tax Liens May Attach to a Taxpayer’s Beneficial Interest Created by a Utah Resulting Trust Despite LLC Legal Title 1. Introduction In RC Smithfield, LLC v. United States (10th Cir. July 6,...
Qualified Immunity for Brief Prone Restraint During Active Handcuffing: Weigel/Booker/Teetz Not “On Point” Where Force Is Used Only to Complete Restraint I. Introduction In Estate of Kevin Dizmang v....
EAJA Fees After New-Evidence Remands: No “Prevailing Party” Status Absent Agency Error, and Substantial Justification May Exist on a Sparse Administrative Record 1. Introduction In Savelkoul v....