Actual-Innocence Gateway Requires Clear-and-Convincing Rebuttal of State Credibility Findings (and Freestanding Innocence Requires Even More) 1. Introduction In Jumar House v. Jeffrey Wehking, No....
Rule 54’s 14-Day Deadline Bars Belated Appellate-Fee Requests, Even After an Appeal Is Affirmed Case: Merchant v. Merchant (5th Cir. June 22, 2026) (per curiam) (not designated for publication)...
Arresting for Refusal to Identify After Detention Ends Lacks Probable Cause (and “Interference” Requires More Than Argument) I. Introduction Comichi v. Pethel (5th Cir. June 23, 2026) arises from a...
Loper Bright Does Not Excuse Failure to Exhaust a BLBA Regulatory Challenge Before the ALJ and Benefits Review Board 1. Introduction In Extra Energy, Incorporated v. DOWCP (4th Cir. June 23, 2026)...
Upward Variance Above § 924(c) Mandatory Minimum Upheld Where Record-Based § 3553(a) Explanation Justifies the Extent of the Variance (Anders Dismissal) 1. Introduction United States v. Marris (10th...
ADA Accommodation Limits: No Right to an In-Place Promotion, and an Employee Who Declines the Interactive Process Cannot Prove Failure to Accommodate Case: Michael Jezior v. City of Chicago Court:...
Express Bench-Trial Waiver and Invited-Error Bar in ACCA Different-Occasions Litigation After Erlinger I. Introduction In United States v. Daniel DeWayne Conner (11th Cir. 2026-06-24) (unpublished,...
Sixth Circuit: No Plain-Error Requirement for Date/Time Unanimity in § 924(c) “In Furtherance” Possession; Fleeting Gang References and Cumulative-Impeachment Exclusions Treated as Harmless...
Fleeting Gang References and Timing Disagreement Do Not Require Mistrial or Specific Unanimity in § 924(c) Cases Absent Binding Authority I. Introduction In United States v. Jerlen Horton,...
Title III Limits: Self-Created Statewide Voter Databases Are Not Records that “Come Into” an Election Official’s Possession; DOJ Demands Must State Both Basis and Purpose 1. Introduction United...
No Duty to Protect an Independent Contractor from an Undisclosed, Self-Devised “Visual Inspection” Method; Proximate Cause Requires Evidence the Defendant’s Acts Would Have Prevented the Injury 1....
Rule 8 Requires Coherent Pleading—Exhibits and “Incorporation by Reference” Cannot Substitute for a Short and Plain Statement 1. Introduction In Jeffrey Luffman v. Collinsville Community Unit School...
Strict Rule 56.1 Enforcement and FMLA Third-Opinion Noncooperation: Seventh Circuit Affirms Summary Judgment in Brown v. Chicago Transit Authority 1. Introduction Russia Brown v. Chicago Transit...
TCPA Vicarious Liability in Multi-Tier Telemarketing Requires Authority at Each Delegation Level; Treble Damages Require Knowing or Reckless Violations Case: Robert Hossfeld v. Allstate Insurance...
Speculation Cannot Prove Knowledge or Personal Responsibility: Summary Judgment Standards for Prison Retaliation and Eighth Amendment Claims Case: Stanley Boclair v. Rob Jeffreys, et al. (No....
EMSA Paramedic Immunity: Two Physician Calls Can Satisfy “Maintain Direct Voice Communication” and an Intubation Order Can Cover Multiple Attempts I. Introduction In Jari Almonte v. Township of Union...
Mandatory-Arbitration Case-Closures Are a SAPA “Rule”: Limits on DOL Enforcement Discretion Require Rulemaking 1. Introduction Matter of Gui Zhu Chen v. Reardon (2026 NY Slip Op 04014) is a Third...
State v. Boynton (2026 ND 120): A Guilty Plea to “False Information to Law Enforcement” Requires an On-the-Record Factual Basis for Materiality I. Introduction In State v. Boynton, the North Dakota...
Remittal Required When the Trial Court Fails to Decide a CPL 30.30 Motion Challenging the Validity of a Certificate of Compliance 1. Introduction In People v Presley (2026 NY Slip Op 04012 [3d Dept...
Discovery Sanctions After a So-Ordered Stipulation: Willfulness May Be Found, But Dismissal Must Still Be Proportionate 1. Introduction Connors v ASM Global Parent, Inc. (2026 NY Slip Op 04016 [3d...