Nonappealability of Mediation-Deferral Orders that Deny Immunity Motions Without Prejudice and Suspend Litigation Burdens (28 U.S.C. § 1291) I. Introduction Lopez v. Ramirez (5th Cir. May 27, 2026)...
USSG § 2K2.1(a)(3) Large-Capacity Magazine Enhancement Applies Without Knowledge; Lack of Knowledge Is Only Mitigation for § 3553(a) I. Introduction Case: United States v. Travis Lee Morgan (Fourth...
Waiver of State Jury-Trial Claims in Agency Enforcement and Deference to Preclusive Agency Factfinding in Excessive-Fines Review I. Introduction SmartEnergy Holdings, LLC v. Frederick Hoover (4th...
Bowman Wrongful-Discharge Claims Must Rest on an Explicit Virginia Statute (Not a Regulation), and VWPA Protection Requires Reporting a Legal Violation (Not Merely “Inappropriate” Conduct) I....
Fourth Circuit: No Federal Jurisdiction for Post-Judgment Veil-Piercing to Collect WARN Act/ERISA Money Judgments from Nonparties 1. Introduction Tony Messer and other former employees of Bristol...
Third Circuit Reaffirms Enforcement of Broad Plea-Agreement Appellate Waivers Absent a “Miscarriage of Justice” Introduction In United States v. Leroy Roebuck, Jr. (3d Cir. May 27, 2026), the Court...
Third Circuit: Unpreserved Public-Trial Violations from COVID-Era Closures and Spectator Exclusions May Not Merit Reversal Under Plain-Error Prong Four Case: United States v. Kareem Harry (with...
Session-Replay Privacy Suits Require Concrete, Traditionally Analogous Harm—Statutory Labels and Anonymized Tracking Alone Do Not Create Article III Standing Case: Malinda Smidga v. Spirit Airlines,...
Living at the Drug-Distribution Location “Easily Proves” Maintaining a Premises Under U.S.S.G. § 2D1.1(b)(12) Without Ownership, and Unobjected PSR Facts Control I. Introduction In United States v....
Duress in Illegal-Reentry Cases: Telephone Threats and Speculative Surveillance Are Insufficient to Show an “Immediate Threat” 1. Introduction In United States v. Bustillos-Perea (10th Cir. May 29,...
Telephone Threats and Speculative Surveillance Are Insufficient “Immediacy” for a Duress Defense to Unlawful Reentry 1. Introduction In United States v. Bustillos-Perea (10th Cir. May 29, 2026)...
Uncharged Tax-Year Loss Counts as Relevant Conduct When a Defendant Continues the Same Evasion Scheme, and “Sophisticated Means” Applies Even if the Scheme Was Purchased Introduction In United States...
Plain-Error Barrier to Allen-Charge Challenges: Pattern Tenth Circuit Instruction Not “Plainly” Coercive Without Controlling Authority 1. Introduction In United States v. Miller (10th Cir. May 28,...
Overbreadth and Nexus: Boilerplate “Drug-Trafficking” Seizure Lists Cannot Ride on Simple Possession Probable Cause; Leon Good-Faith Denied Where Warrant Is Constitutionally Defective Case: State of...
Attorney Representation Alone Does Not Create “Privity” for Res Judicata in Rhode Island 1. Introduction In Jay Patel v. John O. Mancini et al. (R.I. May 27, 2026), the Rhode Island Supreme Court...
Mississippi Banks Owe No Tort Duty to Noncustomers for Third-Party Wire Diversions Absent a Direct Relationship 1. Introduction Gemstone Foods, L.L.C. v. JPMorgan Chase Bank, National Association is...
Attempted Evasion + Unknown Community Ties Can Sustain Pretrial Detention for Flight Risk Under § 3142(g) (Even Amid Alleged Burden-Shifting) 1. Introduction In United States v. Perez-Perez (5th Cir....
High-Speed Flight as “Use of Violence” Bars § 3553(f) Safety-Valve Relief 1. Introduction United States v. Phillips (5th Cir. May 28, 2026) addresses a recurring sentencing question in federal drug...
Waiver of Arbitration by Litigation Conduct: Seeking Merits Dismissal and Litigating Without Reserving Arbitration Forfeits the Right to Compel 1. Introduction In Global Advantech Resources Limited...
Deference to For-Cause Juror Excusals and No Appellate Relief Based on Unasked Voir Dire Questions (United States v. Ricci) 1. Introduction In United States v. Gildo Ricci (4th Cir. May 28, 2026)...