Puerto Rico Case Commentaries

Ford v. Oklahoma State Department of Education (2026 OK 35) — Commentary

Date: May 13, 2026

When an Appeal Becomes Moot, Oklahoma Appellate Courts Should Reverse Merits Dismissals and Direct Dismissal Without Prejudice to Avoid Preclusive Effects I. Introduction In FORD v. THE OKLAHOMA...

Mandatory Criminal Forfeiture Under 28 U.S.C. § 2461(c) Despite Restitution; Subpoena-Generated Carrier Spreadsheets as Non-Testimonial Business Records

Date: May 13, 2026

Mandatory Criminal Forfeiture Under 28 U.S.C. § 2461(c) Despite Restitution; Subpoena-Generated Carrier Spreadsheets as Non-Testimonial Business Records Case: United States v. Rami Mahmod Mhana (4th...

IDEA Civil Actions Require an Administrative “Findings and Decision”: No Systemic-Understaffing Exception to Exhaustion

Date: May 13, 2026

IDEA Civil Actions Require an Administrative “Findings and Decision”: No Systemic-Understaffing Exception to Exhaustion Introduction In Ibrahim Alzandani v. Hamtramck Pub. Schs. (6th Cir. May 12,...

State v. Gutierrez: No Entitlement to Continue Sentencing to Obtain an Unsheduled Psychosexual Evaluation; Fixed Life Sentence Affirmed

Date: May 13, 2026

State v. Gutierrez: No Entitlement to Continue Sentencing to Obtain an Unsheduled Psychosexual Evaluation; Fixed Life Sentence Affirmed Introduction In State v. Gutierrez (Idaho Supreme Court, May...

Justification in § 922(g)(1) Cases Requires Imminent Threat at the Moment of Initial Firearm Possession

Date: May 13, 2026

Justification in § 922(g)(1) Cases Requires Imminent Threat at the Moment of Initial Firearm Possession I. Introduction In United States v. Fort (1st Cir. May 12, 2026), the First Circuit affirmed...

Maggard v. State of Missouri: No Automatic Suspension of Legislation Upon Referendum Petition Filing; Suspension Turns on a “Legal, Sufficient, and Timely” Petition Determined Through Chapter 116 Certification (with Relation-Back)

Date: May 13, 2026

Maggard v. State of Missouri: No Automatic Suspension of Legislation Upon Referendum Petition Filing; Suspension Turns on a “Legal, Sufficient, and Timely” Petition Determined Through Chapter 116...

United States v. Colbert: McGirt Does Not Undermine Federal § 3231/MCA Jurisdiction; Failure to Object to an R&R Waives Suppression Appellate Review

Date: May 13, 2026

United States v. Colbert: McGirt Does Not Undermine Federal § 3231/MCA Jurisdiction; Failure to Object to an R&R Waives Suppression Appellate Review Introduction In United States v. Colbert (10th...

Fischer v. Thomas: First Amendment Shields Judicial Candidates’ Party-Identity and Issue-Position Speech from Nonpartisan “Nominee/Endorsement/Commitment” Enforcement

Date: May 13, 2026

Fischer v. Thomas: First Amendment Shields Judicial Candidates’ Party-Identity and Issue-Position Speech from Nonpartisan “Nominee/Endorsement/Commitment” Enforcement I. Introduction In Joseph...

FCRA “Inaccuracy” and Legal Disputes: A Debt Is Not Misreported as “In Collections” Absent an Objectively Verifiable Bar to Collection

Date: May 12, 2026

FCRA “Inaccuracy” and Legal Disputes: A Debt Is Not Misreported as “In Collections” Absent an Objectively Verifiable Bar to Collection Introduction In Bryan Bandes v. TransUnion LLC (3d Cir. May 8,...

Moreno v. Dealer Integrated Services, L.L.C. — No FMLA Prejudice for Interference/Notice When Legitimately Terminated Before Leave Begins

Date: May 12, 2026

No FMLA Prejudice for Interference/Notice When Legitimately Terminated Before Leave Begins (and “Leave” Remarks Aren’t Direct Pregnancy-Bias Evidence) Introduction In Moreno v. Dealer Integrated...

WARN Act “Single Employer” De Facto Control in the Fifth Circuit Requires Proof of Specific Direction to Order the Plant Closing

Date: May 12, 2026

WARN Act “Single Employer” De Facto Control in the Fifth Circuit Requires Proof of Specific Direction to Order the Plant Closing Introduction Fleming v. Black Diamond Capital Management L.L.C. (5th...

Plain-Error Constraints on Overlapping Child-Prostitution Offenses and “Knowingly” Mens Rea for Soliciting Child Prostitution

Date: May 12, 2026

Plain-Error Constraints on Overlapping Child-Prostitution Offenses and “Knowingly” Mens Rea for Soliciting Child Prostitution I. Introduction In People v. Dominguez, 2026 CO 30, the Colorado Supreme...

“Seeking Admission” Limits § 1225(b)(2)(A): Interior Noncitizens Must Be Detained Under § 1226 With Bond-Hearing Protections

Date: May 12, 2026

“Seeking Admission” Limits § 1225(b)(2)(A): Interior Noncitizens Must Be Detained Under § 1226 With Bond-Hearing Protections I. Introduction In Juan Lopez-Campos v. Kevin Raycraft (consolidated with...

“Seeking Admission” Limits § 1225(b)(2)(A): Interior Noncitizens Detained After Long Residence Fall Under § 1226 and Must Receive Bond Hearings

Date: May 12, 2026

“Seeking Admission” Limits § 1225(b)(2)(A): Interior Noncitizens Detained After Long Residence Fall Under § 1226 and Must Receive Bond Hearings 1. Introduction In Jose Daniel Contreras-Cervantes and...

Quinn v. Georgia Secretary of State: “Undermined Confidence” in Elections Is a Generalized Grievance and Cannot Establish Article III Standing in NVRA Voter-Roll Maintenance Suits

Date: May 12, 2026

Quinn v. Georgia Secretary of State: “Undermined Confidence” in Elections Is a Generalized Grievance and Cannot Establish Article III Standing in NVRA Voter-Roll Maintenance Suits 1. Introduction In...

Qualified Immunity in Jail Medical-Care Claims After Hospital Clearance: Vomiting Once and Lethargy Do Not Clearly Establish an “Obvious” Serious Medical Need (Sixth Circuit)

Date: May 12, 2026

Qualified Immunity in Jail Medical-Care Claims After Hospital Clearance: Vomiting Once and Lethargy Do Not Clearly Establish an “Obvious” Serious Medical Need (Sixth Circuit) I. Introduction John...

People v. Dominguez (2026 CO 30): “Obviousness” Limits Plain-Error Relief for As-Applied Equal Protection Overlap; Soliciting for Child Prostitution Requires a “Knowingly” Mens Rea That May Be Supplied by Instructions Read as a Whole

Date: May 12, 2026

People v. Dominguez (2026 CO 30): “Obviousness” Limits Plain-Error Relief for As-Applied Equal Protection Overlap; Soliciting for Child Prostitution Requires a “Knowingly” Mens Rea That May Be...

Ashby v. Wolfsburger: A Pay.gov Receipt Does Not Prove Timely Filing—Only a Notice of Electronic Filing (NEF) Perfects an ECF Notice of Appeal

Date: May 12, 2026

Ashby v. Wolfsburger: A Pay.gov Receipt Does Not Prove Timely Filing—Only a Notice of Electronic Filing (NEF) Perfects an ECF Notice of Appeal 1. Introduction In Ashby v. Wolfsburger (10th Cir. May...

Session-Replay Capture of Complete Payment Card Data Confers Article III Standing Under Intrusion Upon Seclusion

Date: May 12, 2026

Session-Replay Capture of Complete Payment Card Data Confers Article III Standing Under Intrusion Upon Seclusion I. Introduction In re: BPS Direct, LLC; Cabela's, LLC Wiretapping Litigation (3d Cir....

Mist Pharmaceuticals: Broad D&O “Capacity” Exclusions Bar Coverage for Claims “In Any Way Involving” Uninsured-Entity Conduct; Repeated Reservations Defeat Griggs Estoppel and Fireman’s Fund Forfeiture

Date: May 12, 2026

Mist Pharmaceuticals: Broad D&O “Capacity” Exclusions Bar Coverage for Claims “In Any Way Involving” Uninsured-Entity Conduct; Repeated Reservations Defeat Griggs Estoppel and Fireman’s Fund...