Martinez Excuses Default, But § 2254(e)(2) Requires Claim-Specific Diligence: An Unrelated State Hearing Request Won’t Unlock a Federal Evidentiary Hearing 1. Introduction Orlando Hernandez v....
Mootness Requires Munsingwear Vacatur When a Restitution-Lien Expiration Dispute Becomes Nonjusticiable on Appeal 1. Introduction In Ralph Pinson v. United States (11th Cir. Aug. 31, 2026) (per...
Residential High-Speed Flight (and Discarding a Loaded Firearm) Supports U.S.S.G. § 3C1.2 Based on Reliable Video Evidence Introduction In United States v. Sherron Gary (11th Cir. Aug. 31, 2026)...
Displaced Corporate Managers Cannot Assert Company Privilege; Loan-Fraud “Loss” Does Not Require Personal Gain; Restitution Offset Appeals Become Moot Once Credit Is Applied 1. Introduction Case:...
Eleventh Circuit Clarifies That Routine Supervision, Non-Impactful Evaluations, and Delayed Resignations Do Not Support Title VII Retaliation or Constructive Discharge Introduction In William Gary v....
Public High School Classroom Displays Are Garcetti “Official-Duties” Speech (Government Speech) in the Second Circuit Case: Dolce v. Connetquot Cent. Sch. Dist. (2d Cir. Aug. 31, 2026) Court: United...
Revenue Rule Does Not Bar Foreign Tax Authority’s Fraud Suit to Recover Refund Payments Where No Tax Was Owed 1. Introduction Skatteforvaltningen v. Markowitz (2d Cir. Aug. 31, 2026) is a bellwether...
Widespread Publicity as Constructive Discovery: Utah Fraud Claims May Be Time-Barred on a Rule 12(b)(6) Motion 1. Introduction In In re: THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS TITHING...
Firearms Are Possessed “In Connection With” Another Felony When They Are Part of a Plan-to-Harm Scheme and Embolden Its Execution Introduction United States v. Dutton (10th Cir. Aug. 31, 2026) is a...
Interlocutory Appeals Require Explicit Designation of Each Appealable Order Under FRAP 3(c)(1)(B); “Merger” Does Not Save an Omitted Preliminary-Injunction Order Case: Utah Vapor Business Association...
Quasi-Judicial Immunity Is Personal-Only; Rule 32 “Other Copying” Fees Must Conform to I.C. § 74-102(10) Introduction In BRYAN D. SMITH v. CHRIS POULTER IN HIS CAPACITY AS BONNEVILLE COUNTY CLERK,...
APA Review of ESA Fishery Rules: Substantial Evidence and Notice-and-Comment Limits on Post‑Hoc Data Case: LA Shrimp Association v. Lutnick (5th Cir. Aug. 28, 2026) (unpublished) Court: United States...
Cisco Closes the Sosa Door: Alien Tort Statute Claims Limited to the “Blackstone Three” 1. Introduction In Suhail Al Shimari v. CACI Premier Technology, Inc., No. 25-1043 (4th Cir. Aug. 28, 2026)...
IDEA Initial Evaluations Require All-or-Nothing Parental Consent; No FAPE Duty (and Duplicative ADA Relief) Without Consent I. Introduction In M. v. Aledo Independent School District (5th Cir. Aug....
Ambiguous Intoxication and Self-Inflicted Head Strikes: Qualified Immunity Absent Clearly Established Duty to Obtain Medical Care Introduction Pena v. Starr County, Texas (5th Cir. Aug. 28, 2026)...
HRS § 12-8 as the Exclusive Pre‑Election Vehicle for Candidate-Eligibility Disputes; “Elected To” Term Limits Count Fixed Charter Terms Despite Delayed Swearing-In 1. Introduction Iwasa v. Nago...
Davis § 924(c) General Verdicts Are Reviewed for Brecht Harmless Error (Not the Categorical Approach) and COAs Do Not Lie for Remedy-Choice Complaints Without a Constitutional Hook 1. Introduction...
Mass-Shooting Negligence Claims Trigger Assault-and-Battery Sublimits; Settlement Paying the Sublimit Exhausts Coverage and Ends the Insurer’s Defense Duty Introduction Case: James River Insurance...
Emergency-Aid Seizures for Mental-Health Crises Are Judged Objectively (Not by Officer Motive), and Speculative “Muted Bodycam” Theories Cannot Defeat Qualified Immunity at the Pleading Stage Case:...
Conceding ACCA Applicability at Sentencing “Invites” Predicate-Classification Error; Post-Erlinger Plain-Error Relief Requires Showing a Real Chance a Jury Would Find a Single Occasion Introduction...