Specific Causation Evidence Is Required for Health-Risk-Based Disability Accommodations Introduction In Friedman v. Central Maine Power Company, the First Circuit affirmed summary judgment for...
Grey v. Vengroff Williams: No Summary-Judgment Escape Without Evidence of a Convincing Mosaic of ADA or ADEA Discrimination Introduction In Deborah Grey v. Vengroff Williams, Inc., the Eleventh...
Sixth Circuit Adopts IIRIRA Substantial-Evidence Review for Cancellation-of-Removal Hardship Determinations Introduction In Jose Baltazar Us v. Todd Blanche, the Sixth Circuit denied Jose Baltazar...
A K-9 Warning Does Not Defeat the Clearly Established Right Against Gratuitous Dog-Bite Force on a Non-Threatening, Unarmed, Passively Resisting Suspect Introduction In Richard Harrold v. Lewis...
Virginia Firearm Use During Robbery Is a Guidelines Crime of Violence; Drug-Trafficking Conspiracy Remains a Controlled Substance Offense in the First Circuit Introduction In United States v. Mao,...
Known Self-Defense Facts Must Be Disclosed in Probable-Cause Affidavits, But Qualified Immunity Applies Absent Clearly Established Law Introduction In Corey Kendig v. Nicholas Stolar, the Third...
Section 1983 Malicious Prosecution Requires Pleading Invalid Legal Process, Not Merely a Faulty Police Affidavit Introduction In Blair Clark v. David Bell, the Eleventh Circuit affirmed the dismissal...
Donor-Disclosure Subpoenas Create Present First Amendment Injury for Article III Standing Case: First Choice Women's Resource Centers, Inc. v. Davenport Court: U.S. Supreme Court | Date: April 29,...
United States v. Milton Allen: Mandatory “Who/When/What” Inventory Policies Can Establish Inevitable Discovery Introduction In United States v. Milton Allen, the Fourth Circuit reversed a district...
EAJA Fees in Prison Discipline: HALT/SHU Exclusion Violations Are Not “Substantially Justified,” and Threatening Misconduct Is Not a “Special Circumstance” Bar I. Introduction Matter of Walker v...
Matter of Shara v. Van Fossen: No Collateral Estoppel Dismissal Without the PERB Record; No Individual Liability Under Civil Service Law § 75-b and No § 1983 Personal-Capacity Liability Without...
Malum Prohibitum Alcohol-Regulatory Violations Do Not Automatically Void Equity-Compensation Contracts; “Tied House” Illegality and SLA Approval Cannot Be Decided by Prediction on Summary Judgment...
Sexually Humiliating Force Used to Compel Inmate Compliance May Fall Within Scope of Employment for State Vicarious Liability Case: C.J. v State of New York, 2026 NY Slip Op 02699 (App Div 3d Dept...
DEC Review of NYC “Excess Water” Rates Uses Prometheus/Carey Deferential Utility Standard (Not “Fair and Reasonable”) Case: Matter of City of Yonkers v New York State Dept. of Envtl. Conservation,...
Corroborated Witness-Intimidation Reports Can Support a Terry Stop and Arrest Warrant Despite Later Dismissal Introduction In James Brown, III v. Leon Lott, the Fourth Circuit affirmed summary...
No Cognizable PSG for Americanized or Wealth-Perceived Guatemalan Returnees; CAT Relocation Is a Factor, Not a Burden Introduction In Osman Cordon-Osario v. Attorney General United States of America,...
PLRA Screening Requires Tolling and Futility Analysis Before Dismissing Pro Se Prisoner § 1983 Claims Introduction In Shores v. Williams, the Tenth Circuit reviewed the dismissal of a pro se...
Three-Year Suspension for Knowing Client Neglect and Failure to Comply with Disciplinary Probation Introduction In Board of Professional Responsibility, Wyoming State Bar v. Vaughn H. Neubauer, 2026...
Failure to Notify the Immigration Court Can Defeat “Exceptional Circumstances” for Reopening an In Absentia Removal Order Introduction In Souleymane Nimaga v. Todd W. Blanche, the Seventh Circuit...
Clerk-Signed Warrants Preserve § 3583(i) Revocation Jurisdiction When Issued Before Supervised Release Expires Introduction In United States v. Laphonse Young, the Eleventh Circuit affirmed the...