ERISA Prudence in the Third Circuit: A Prudent Monitoring Process Defeats Underperformance Claims at Summary Judgment I. Introduction Lawanda Lasha House Johnson, et al. v. Quest Diagnostics Inc., et...
Second Circuit: 18 U.S.C. § 1201(a)(1) “Death Results” Requires But-For Causation, Not Proximate Cause 1. Introduction In United States v. Parks (2d Cir. June 24, 2026), Edward Michael Parks appealed...
Referral Specialists Are Not State Actors Absent State Control: Seventh Circuit Reaffirms Limits of § 1983 Liability for Private Prisoner Care 1. Introduction In Denon Taylor v. Samuel Byrd (7th Cir....
Seventh Circuit Tightens TCPA Vicarious Liability: Subagency Requires Authority at Each Delegation Level; Treble Damages Require Knowing or Reckless Violations I. Introduction Parties. Robert...
Dismissal of a Mis-Pleaded “Genericness” Affirmative Defense Does Not Bar Merits Review of Trademark Distinctiveness; Non-Generic Use Evidence Cannot Be Discarded Based on Market Uniqueness Case:...
Functional Permanency Under the PLRA: Systemwide Mental-Health Injunctions Are Appealable and Must Be Narrowly Tailored to the Constitutional Floor 1) Introduction This Eleventh Circuit decision...
Upward Variances Require Specific, Case-Linked Explanations Under 18 U.S.C. § 3553(c)(2) Case: United States v. Maggie Moore (11th Cir. June 24, 2026) (per curiam) (not for publication) Topic:...
Prolonged Forced Nudity During Warrant Execution: Fourth Amendment Bodily-Privacy Violation, Supervisory Liability Without Qualified Immunity, and Florida Negligence Claim Preserved by Notice...
Probable Cause from Evasive/Furtive Conduct and Text-Based Application of U.S.S.G. § 2K2.1(b)(6)(B) Without Reliance on Application Note 14(B) Case: United States v. Jojuan Lindsey (11th Cir. June...
Mississippi Expands Bar-Discipline Jurisdiction to Unlicensed Service-Providers and Creates a Permanent Attorney Registry (Effective July 1, 2026) Introduction Case: In Re: Rules of Discipline for...
Child-Specific “Aggravated Circumstances” Required to Bypass Reunification at Disposition Under Miss. Code § 43-21-603(7)(c)(i) 1. Introduction Case: In the Interest of A.R.H., a Minor: Redonn Malone...
Title VII Complaints Must Plausibly Tie Discrimination and Retaliation to Protected Status and Protected Activity 1. Introduction In Mikala Pearson v. Fedsync, the Eleventh Circuit affirmed the...
ATS “Door Closed” to Judicially Created Causes of Action; TVPA Does Not Imply Aiding-and-Abetting Liability Introduction Cisco Systems, Inc. v. Doe (U.S. Supreme Court, June 23, 2026) arose from...
LHWCA § 20(a) “Harm” Includes Respiratory Symptoms Without a Definitive Diagnosis; Fee Challenges Are Waived Without Record Support Case: Jeffboat, Incorporated v. Director, OWCP (7th Cir. June 23,...
Unentered Separate Judgment Extends Appellate Timelines: Rule 59 Timeliness, Presumed Mail Receipt, and Dismissal Without Prejudice for Noncompliance 1. Introduction In Theodore Keith Griffin v....
Auction-Price Baseline for Just Compensation in Fairly Conducted Tax Sales (and No Eighth Amendment “Fair Market Value” Requirement) 1) Introduction Case: Pung, Personal Representative of the Estate...
Specific-Evidence Purity Extrapolation Supports “Actual” Meth Findings; Unpreserved Variance-Explanation Claims Reviewed for Plain Error I. Introduction In United States v. Ulrick Uncel Brown (6th...
Jefferson v. Stancil: Pleading, Standing, and Issue-Preservation Limits on Constitutional Challenges to Colorado’s Sex Offender Treatment Conditions 1. Introduction In Jefferson v. Stancil (10th Cir....
Revocation Sentencing After Esteras: No Plain Error Where the Court Disclaims § 3553(a)(2)(A) and Grounds the Sentence in Noncompliance Introduction In United States v. Joseph Elias Nehme (11th Cir....
Ambiguous Rule 11(c)(1)(C) “Sentence” Terms and Supervised Release: No Plain Error Where Extrinsic Evidence Shows Shared Intent 1. Introduction United States v. Shalonda Faison (11th Cir. June 23,...