Rule 8.4(g) “Professional Capacity” Defined: A Substantial-Connection Test for Biased or Prejudicial Lawyer Conduct Case: In the Matter of Robert James Hardy Jr. (Supreme Court of Indiana, June 23,...
Unamended EEOC Charge Limits Judicial Claims: Discrete Termination and Hostile-Work-Environment Allegations Must Be Administratively Exhausted Case: Kathleen Safford v. Sedgwick Claims Management...
Anders Dismissal with Limited Review and Enforced Waiver of Sentencing/Release-Condition Objections in a Multi-Count Violent-Crime Sentence 1. Introduction In United States v. Dwight Hasberry, the...
No Plain-Error Right to Specific Unanimity on the Timing of § 924(c) Possession “In Furtherance,” and Fleeting Gang References Rarely Justify a Mistrial Introduction In United States v. Chicoby...
Rule 11(c)(1) Plea-Participation Violations After a Jury Trial: Lafler-Style Prejudice and Harmlessness Where Acceptance-of-Responsibility Would Not Change the Sentence I. Introduction United States...
Pleading Constructive Knowledge Under Arkansas’s Broyles Act: “Red Flags” Can Defeat a Service-Provider Exemption at the Motion-to-Dismiss Stage 1. Introduction Mike Huckabee v. Meta Platforms, Inc....
Tenth Circuit: Ultra Vires Exception Allows Judicial Review of Antiquities Act Monument Proclamations Where Statute Imposes Discernible Limits Case: Dalton v. Trump (consolidated appeals Nos. 23-4106...
Spending Clause Statutes Cannot Impose Individual-Capacity Liability Without Voluntary and Knowing Consent Case: Landor v. Louisiana Dept of Corrections and Public Safety (U.S. Supreme Court, June...
Unsafe-Distance High-Velocity Pepper Spray to a Restrained Detainee Violates Clearly Established Fourth Amendment Law 1. Introduction Sanchez v. Nunemaker (5th Cir. June 23, 2026) arises from a...
United States v. Long: Separate-Case Informant Perjury Is Not Brady-Material When the Verdict Is Strongly Corroborated I. Introduction In United States v. Long (5th Cir. June 23, 2026) (per curiam)...
FCRA “Credit-Report Pull” Claims After Charge-Off Fall Within Broad Cardholder Arbitration Clauses 1. Introduction In Deborah Glover v. Merrick Bank (3d Cir. June 22, 2026) (not precedential), the...
Borrowed-Servant Immunity Under Pennsylvania Workers’ Compensation Act Requires a Jury When Evidence of Control Is Conflicting in Federal Task-Force Operations I. Introduction Case: Michael Trently...
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...