Puerto Rico Case Commentaries

Suicide Is Not “Willfully Caused” Relevant Conduct for § 2B3.2 Firearm-Discharge and Bodily-Injury Enhancements in Extortion Sentencing

Date: Sep 3, 2026

Suicide Is Not “Willfully Caused” Relevant Conduct for § 2B3.2 Firearm-Discharge and Bodily-Injury Enhancements in Extortion Sentencing I. Introduction In United States v. Glenn Daeward Boyd (6th...

Indivisible-Conduct Disclaimers Cannot Defeat Federal-Officer Removal for PBMs in Opioid Public-Nuisance Litigation

Date: Sep 3, 2026

Indivisible-Conduct Disclaimers Cannot Defeat Federal-Officer Removal for PBMs in Opioid Public-Nuisance Litigation 1. Introduction In County of Westchester v. Express Scripts (2d Cir. Sept. 2,...

Public-Policy Rejection of an Offer-in-Compromise May Stand Despite Collectability Disputes When Undisputed Noncompliance Would Undermine Voluntary Compliance

Date: Sep 3, 2026

Public-Policy Rejection of an Offer-in-Compromise May Stand Despite Collectability Disputes When Undisputed Noncompliance Would Undermine Voluntary Compliance I. Introduction Case: Andrew Filipowski...

Stipulating to SORNA Tier III Invites Error Reviewable Only for Manifest Injustice; Forced-Medication Conditions Are Unripe Absent an Actual Prescription

Date: Sep 3, 2026

Stipulating to SORNA Tier III Invites Error Reviewable Only for Manifest Injustice; Forced-Medication Conditions Are Unripe Absent an Actual Prescription 1. Introduction United States v. Dominguez...

Post-Decision Supreme Court Authority Cannot “Clearly Establish” Prior Conduct for Qualified Immunity (and Conclusory Monell Pleading Fails Under Twombly)

Date: Sep 3, 2026

Post-Decision Supreme Court Authority Cannot “Clearly Establish” Prior Conduct for Qualified Immunity (and Conclusory Monell Pleading Fails Under Twombly) Case: Smith v. Locker, No. 25-50862 (5th...

Comparator-or-None: No Prima Facie § 1981 / § 2000a Discrimination Inference Under McDonnell Douglas Without a Similarly Situated Comparator

Date: Sep 3, 2026

Comparator-or-None: No Prima Facie § 1981 / § 2000a Discrimination Inference Under McDonnell Douglas Without a Similarly Situated Comparator 1. Introduction Case: Futrell-Smith v. Brinker...

Guideline-Driven Statutory-Maximum Revocation Sentences Upheld When Grounded in Deterrence and Public Protection

Date: Sep 3, 2026

Guideline-Driven Statutory-Maximum Revocation Sentences Upheld When Grounded in Deterrence and Public Protection Case: United States v. Christopher Lewis (11th Cir. Sept. 2, 2026) (per curiam)...

Qualified Immunity for Late-Arriving Bystander Officers During a Short Canine Bite: No Clearly Established Duty to Intervene Absent an Analogous Precedent

Date: Sep 3, 2026

Qualified Immunity for Late-Arriving Bystander Officers During a Short Canine Bite: No Clearly Established Duty to Intervene Absent an Analogous Precedent Case: Thomas v. Bruss (5th Cir. Sept. 2,...

Younger Abstention and Judicial Immunity Bar Federal Collateral Attacks Seeking State-Judge Recusal, Case Transfers, and Reversal of Ongoing State Proceedings

Date: Sep 3, 2026

Younger Abstention and Judicial Immunity Bar Federal Collateral Attacks Seeking State-Judge Recusal, Case Transfers, and Reversal of Ongoing State Proceedings 1. Introduction Case: Aymara Sorhegui v....

Enforcing Narrow Plea-Agreement Appellate Waivers: Only Suppression Arguments Actually Raised in Carve-Out Filings Survive

Date: Sep 3, 2026

Enforcing Narrow Plea-Agreement Appellate Waivers: Only Suppression Arguments Actually Raised in Carve-Out Filings Survive 1. Introduction United States v. Derrick Polk (3d Cir. Sept. 2, 2026) arises...

Sixth Circuit: A § 1326(a) “Found-In” Offense Commences at First Unlawful Physical Presence (Continuing-Offense Rule for U.S.S.G. § 4A1.2(e)(2))

Date: Sep 3, 2026

Sixth Circuit: A § 1326(a) “Found-In” Offense Commences at First Unlawful Physical Presence (Continuing-Offense Rule for U.S.S.G. § 4A1.2(e)(2)) I. Introduction In United States v. Prisiliano...

Creditors Lack a Statutory Cause of Action Under KRS § 271B.8-330 for Unlawful Distributions

Date: Sep 3, 2026

Creditors Lack a Statutory Cause of Action Under KRS § 271B.8-330 for Unlawful Distributions Case: Granite State Ins. Co. v. Kenneth Taylor, Jr. Court: U.S. Court of Appeals for the Sixth Circuit...

Federal Illegality Is a Merits Issue, Not a Standing Bar, for Challenges to State Cannabis Licensing; Supremacy-Clause Invalidation Must Redress the Plaintiff’s Injury

Date: Sep 3, 2026

Federal Illegality Is a Merits Issue, Not a Standing Bar, for Challenges to State Cannabis Licensing; Supremacy-Clause Invalidation Must Redress the Plaintiff’s Injury 1. Introduction Georgia Atlas,...

Tazo v. Blanche: Generalized Country Conditions and Uncorroborated Harm Do Not Salvage CAT Claims After an Adverse Credibility Finding

Date: Sep 3, 2026

Tazo v. Blanche: Generalized Country Conditions and Uncorroborated Harm Do Not Salvage CAT Claims After an Adverse Credibility Finding 1. Introduction In Tazo v. Blanche (5th Cir. Sept. 2, 2026)...

Accrual Turns on Knowledge of Injury and Cause—Not Legal Significance; Illinois “Legal Disability” Tolling Requires Near-Total Incapacity

Date: Sep 3, 2026

Accrual Turns on Knowledge of Injury and Cause—Not Legal Significance; Illinois “Legal Disability” Tolling Requires Near-Total Incapacity 1. Introduction Case: Vicqui Washington v. City of Chicago,...

Anders Withdrawal After Guilty Plea: Counsel Must Confront Record-Supported Competency Questions, Though Rule 11 Colloquy Can Defeat Plain-Error Relief

Date: Sep 3, 2026

Anders Withdrawal After Guilty Plea: Counsel Must Confront Record-Supported Competency Questions, Though Rule 11 Colloquy Can Defeat Plain-Error Relief Introduction In United States v. Dennis Cheston...

Good-Cause Disclosure of Bank Examination Materials and Prejudgment Interest from a Regulatory Consent-Order Date in Florida Fiduciary-Duty Derivative Actions

Date: Sep 2, 2026

Good-Cause Disclosure of Bank Examination Materials and Prejudgment Interest from a Regulatory Consent-Order Date in Florida Fiduciary-Duty Derivative Actions Case: Bancor Group Inc v. Carlos...

Nondisclosure of Prior Litigation Is Not “Malicious” Under § 1915A(b)(1); Sanctions Must Proceed Under Inherent Powers with Bad-Faith Findings

Date: Sep 2, 2026

Nondisclosure of Prior Litigation Is Not “Malicious” Under § 1915A(b)(1); Sanctions Must Proceed Under Inherent Powers with Bad-Faith Findings Introduction In Edgar Zuniga-Mejia v. Graceville CF...

Failure to Object to a Magistrate Judge’s Report—and Failure to Invoke Civil Plain-Error Review—Waives ADEA Appellate Challenges (11th Cir.)

Date: Sep 2, 2026

Failure to Object to a Magistrate Judge’s Report—and Failure to Invoke Civil Plain-Error Review—Waives ADEA Appellate Challenges (11th Cir.) Introduction Folasade Loye v. Emory University is an...

Merits Judgment Triggers “Second or Successive” § 2255 Status Despite Pending Appeal

Date: Sep 2, 2026

Merits Judgment Triggers “Second or Successive” § 2255 Status Despite Pending Appeal Introduction In Jeffrey Spivack v. United States (11th Cir. Aug. 31, 2026) (per curiam) (not for publication), the...