Post-Arrest Minimization and Lack of Remorse Can Justify an Upward Variance Above the § 2422(b) Mandatory Minimum 1. Introduction In United States v. Francisco Alvarez-Tello (11th Cir. Aug. 27, 2026)...
Deportation Risk Is Not a Proper § 3553(a) Basis to Deny an Amendment 821 § 3582(c)(2) Reduction, but Denial Stands When Offense Seriousness Independently Controls Case: United States v. Kenny...
Plain-View Seizure of an Unsecured Vehicle Firearm as “Immediately Apparent” Contraband Under Fla. Stat. § 790.25(4)(a) 1. Introduction In United States v. Marquis Player (11th Cir. Aug. 27, 2026)...
Lowell v. Lyft, Inc.: ADA Plaintiffs Must Prove Proposed Modifications Will Likely Produce Effective WAV Service; “Facial Reasonableness” Alone Is Not Enough 1. Introduction In Lowell v. Lyft, Inc....
United States v. Valdez: Pretrial Reconsideration of Suppression Orders and Inevitable Discovery Through Booking Inventories 1. Introduction In United States v. Valdez (10th Cir. Aug. 27, 2026), the...
Redistribution of Duties Among Remaining Employees Does Not Show Pretext When a Distinct Position Is Eliminated in a RIF 1. Introduction In Zou v. Linde Engineering North America (10th Cir. Aug. 27,...
Competitor Unfair-Competition Claims Fall Outside Platform Ad-Term Arbitration Clauses Absent a Sufficient Nexus to the Advertiser Relationship Case: Metroplex Communications, Inc. v. Meta Platforms,...
United States v. Musselman: Harmless-Foreperson Internet “Roadmap” Misconduct and Heightened-Duty Willful Blindness for the Ostrich Instruction Court: U.S. Court of Appeals for the Seventh Circuit...
Waiver of Remmer Uncertainty & Willful-Blindness (“Ostrich”) Knowledge in Medicare Billing Fraud Case: United States v. Carrie Musselman (Nos. 25-2173 & 25-2494) Court: U.S. Court of Appeals for the...
Sixth Circuit: State-Created Danger Does Not Reach Noncustodial Suicide; Suicide Breaks Duty and Causation for Substantive Due Process Claims I. Introduction Case: Brian Zimmermann v. Scott Labish,...
Zimmermann v. Labish: The Sixth Circuit Reaffirms That the State-Created Danger Doctrine Does Not Reach Noncustodial Suicide—and Immunities Require Early Dismissal Case: Brian Zimmermann v. Scott...
RICO Conspiracy May Be Proven by Agreement to Join an Enterprise that “Existed or Would Exist”: Sixth Circuit Also Upholds Semi-Anonymous Jury and COVID-Era Delay Between Direct and Cross I....
RICO Conspiracy May Rest on an Agreement to Participate in an Enterprise That “Existed or Would Exist” Without Constructively Amending the Indictment 1. Introduction United States v. Jason Meyerholz...
Affirmance Without Resolving Discretionary-Clause Choice-of-Law: ERISA LTD Denial Upheld Under Assumed De Novo Review 1. Introduction In Grice v. Metropolitan Life Insurance Company (5th Cir. Aug....
Mandamus Requires Expedited Younger Abstention Review of State-Court Bail Oversight Consent Decrees Before Imminent Judicial Elections Case: In re Honorable Paula Goodhart; Honorable Jessica Padilla;...
No Plain Error from “Retreat” Language When the Revocation Court Is Finding Disproportionate Self-Defense Force Under Texas Penal Code § 9.31 I. Introduction In United States v. Moses (5th Cir. Aug....
Law-of-the-Case Precludes Renewed “Letter of No Objection” Demands; Purchaser Default at a Time-of-the-Essence Closing Defeats Specific Performance and CPLR 5107 Relief 1. Introduction Chao-Yu C....
Ohio “In Consequence Of” Fraud Exclusion: No Malpractice Indemnity When Negligence Damages Are Not Independent of Intentional Misrepresentation; No Third-Party Bad-Faith Claims Introduction Case:...
“In Consequence of” Means Direct-and-Inseparable: Ohio Malpractice Coverage Is Barred Where Negligence Damages Cannot Be Separated from the Surgeon’s Fraud; Third-Party Bad-Faith Claims Remain...
Interpreting “In Consequence of” in Ohio Malpractice Policies: Direct-and-Inseparable Causation for Fraud Exclusions and No Third-Party Bad-Faith Claims 1. Introduction In Mackenzie Bender v. Med....