Therapy-Based Visitation Pauses and Late-Stage Compliance Do Not Defeat Termination After Prolonged Out-of-Home Placement (Mont. YINC) Case: Matter of H.T., S.T., & D.L., YINCC, 2026 MT 213N (Mont....
Defendant’s Motion to Reset Trial “at the Court’s Earliest Convenience” Constitutes a Postponement that Defeats § 46-13-401(2) Six-Month Dismissal Introduction State v. J. Kelly (Mont. Sup. Ct. 2026...
Fee-Log “Perjury” and Contract-Interpretation Deference: Narrowing FAA Vacatur Under §§ 10(a)(1) and 10(a)(4) Case: Kashyap Bakhai v. BDO USA, P.C. (11th Cir. Sept. 8, 2026) (not for publication)...
CBP May Reopen/Reconsider Reinstatement Orders Under 8 C.F.R. § 103.5, and Denials Are Reviewable Under 8 U.S.C. § 1252(b)(6) I. Introduction Santos v. Blanche (2d Cir. Sept. 8, 2026) addresses two...
Independent Investigation Breaks Cat’s-Paw Causation in ADEA Pretext Challenges Case: Tafoya v. City of Fountain (10th Cir. Sept. 8, 2026) (unpublished “Order and Judgment,” persuasive only) Court:...
Tenth Circuit Requires § 2255 Evidentiary Hearings When Plea Counsel May Have Omitted a Plausible Loughrin/Williams Bank-Fraud Defense and Misadvised on Cheek Willfulness 1. Introduction Case: United...
Conclusory Denials Do Not Defeat NLRB Settlement-Default Motions, and Unraised Hearing/Due-Process Objections Are Forfeited Under NLRA § 160(e) Case: American Backflow & Fire Prevention, Inc. v. NLRB...
Seventh Circuit: Cursory BIA Briefing Does Not Exhaust—Petitioner Must Develop Specific Arguments to Preserve Asylum/Withholding/CAT Issues I. Introduction In Maria Angelica Gonzalez Perez, et al. v....
General Denial Is Insufficient to Defeat NLRB Settlement-Default Judgment; Unraised Due-Process/§ 160(b) Hearing Objections Are Forfeited Under § 160(e) Case: NLRB v. American Backflow & Fire...
Farmer’s Subjective Deliberate-Indifference Standard Governs Fourteenth Amendment Conditions-of-Confinement Claims (Sixth Circuit En Banc) Case: Luther Poynter v. Aaron Shirley (successor substituted...
Handbook Royalty Policies as Implied Contracts: Retroactive Amendments Require Clear Authority and Present Jury Questions Case: Warren v. The Children's Hospital Corporation (1st Cir. Sept. 8, 2026)...
Res Judicata Bars Later Federal RICO and Related Claims After Alabama Construction-Fraud Trial; Rule 15(d) Supplement Remains Discretionary and Must Be Sufficiently Related Case: Darin Whitchurch v....
Pleading Particularized Falsehoods and “But-For” Probable Cause in Eleventh Circuit § 1983 Malicious-Prosecution Claims at PLRA Screening Introduction Supreme Born v. Randall Woodfin (11th Cir. Sept....
Preserving “Retribution” Error in Supervised-Release Revocations Requires a Specific § 3553(a)(2)(A) Objection Case: United States v. Antonio Miguel Carrow (11th Cir. Sept. 8, 2026) (per curiam, not...
United States v. Owen: “Interviewed Everyone” Testimony Is Not a Doyle Comment on Silence; Broad Proof Suffices for Murder-for-Hire and Aiding-and-Abetting a § 924(h) Firearm Transfer 1. Introduction...
Spiehs v. Morgan: Public Libraries May Bar Sign-Displays Indoors as Content-Neutral Time, Place, and Manner Restrictions Court: United States Court of Appeals for the Tenth Circuit Date: September 8,...
Monell Causation Fails Where Detention and Bail-Posting Limits Are Mandated by State-Court Orders; No Fourth Amendment Violation if Presented to a Judge Within 48 Hours Case: Anthony Murdock v. City...
Seventh Circuit: § 1983 Damages Complaints Seeking Only Money and Naming Former Officials Plead Personal-Capacity Claims (Not Eleventh-Amendment-Barred), and the Fourth Circuit “Martin” Factors Do...
Closed-Attraction Trespasser Rule: Tacit “Go-Ahead” Plus Known Safety Disablement Can Create a Jury Question on Recklessness (7th Cir.) 1) Introduction Case: Eric Stupak v. Mont du Lac Snowsports,...
Leadership-Role Enhancement Based on a Knowingly Assisting Partner and Related Prior Deliveries; Downward-Departure Denials Remain Unreviewable Absent Clear Misunderstanding 1. Introduction In United...