Puerto Rico Case Commentaries

CAT-Only Petitions After Removal Are Moot Absent Redressable Collateral Consequences or a Realistic Path to Return

Date: Aug 28, 2026

CAT-Only Petitions After Removal Are Moot Absent Redressable Collateral Consequences or a Realistic Path to Return Case: Jose Mejia-Henriquez v. Attorney General United States of America (3d Cir....

Rule 41(g) Return of Seized Domain Denied Where OFAC Sanctions Bar Lawful Possession

Date: Aug 28, 2026

Rule 41(g) Return of Seized Domain Denied Where OFAC Sanctions Bar Lawful Possession (Entitlement Assessed at Time of Motion) 1. Introduction In Timofey V v. United States (3d Cir. Aug. 25, 2026),...

Unconditional Guilty Pleas Waive Statute-of-Limitations Appeals; Broad Limitations Waivers in Plea Agreements Survive Plea Withdrawal

Date: Aug 28, 2026

Unconditional Guilty Pleas Waive Statute-of-Limitations Appeals; Broad Limitations Waivers in Plea Agreements Survive Plea Withdrawal 1. Introduction In United States v. Luis Figueroa (3d Cir. Aug....

Unappealed Final Bench-Trial Findings Moot Appellate Challenges to Prior Summary Judgment Orders

Date: Aug 28, 2026

Unappealed Final Bench-Trial Findings Moot Appellate Challenges to Prior Summary Judgment Orders Case: State Line Trailer Sales, LLC v. Randall L. Bennett, Trustee of the April-May Realty Trust...

Strict 7-Day Deadline for New-Party Name Objections Runs From the New-Party Petition Filing Deadline (Not Certification or Candidate Filings)

Date: Aug 28, 2026

Strict 7-Day Deadline for New-Party Name Objections Runs From the New-Party Petition Filing Deadline (Not Certification or Candidate Filings) Case: Nebraska Republican Party v. Evnen, 322 Neb. 79...

Harmlessness of “Knowledge” Mens Rea Instructions, Limits on Mental-Health Context, and Lay Testimony on Call Routing in § 875(c) True-Threat Prosecutions

Date: Aug 28, 2026

Harmlessness of “Knowledge” Mens Rea Instructions, Limits on Mental-Health Context, and Lay Testimony on Call Routing in § 875(c) True-Threat Prosecutions Introduction In United States v. Richard...

Tenth Circuit: When Qualified Immunity Defeats a Pro Se § 1983 Complaint at the Pleading Stage, Dismissal Should Ordinarily Be Without Prejudice and With Leave to Amend

Date: Aug 28, 2026

Tenth Circuit: When Qualified Immunity Defeats a Pro Se § 1983 Complaint at the Pleading Stage, Dismissal Should Ordinarily Be Without Prejudice and With Leave to Amend Introduction In Hulett v....

Non‑Prosecution Promises Do Not Bar Sentencing Advocacy on Covered Conduct When the Plea Reserves Broad Sentencing Disclosure Rights

Date: Aug 28, 2026

Non‑Prosecution Promises Do Not Bar Sentencing Advocacy on Covered Conduct When the Plea Reserves Broad Sentencing Disclosure Rights 1. Introduction In United States v. Noles (10th Cir. Aug. 26,...

Ambiguity in “Any Person” Robbery Statutes Requires a Realistic-Probability Showing; Indiana Robbery Remains a Guidelines “Crime of Violence”

Date: Aug 28, 2026

Ambiguity in “Any Person” Robbery Statutes Requires a Realistic-Probability Showing; Indiana Robbery Remains a Guidelines “Crime of Violence” 1. Introduction In United States v. Sergio Gamez (7th...

Unrealized Lockout Threats and Minor Premises Obstructions Do Not Constitute a Material “Denial of Possession” Under a Commercial Lease

Date: Aug 28, 2026

Unrealized Lockout Threats and Minor Premises Obstructions Do Not Constitute a Material “Denial of Possession” Under a Commercial Lease 1. Introduction Case: Saher Abdel-Hadi v. ZJBV Properties, LLC...

Supervisory Control Compels Prompt Title 41 Dismissal After Remittitur; Title 41 Dismissal Does Not Modify Separate Title 40 Parenting Plan

Date: Aug 28, 2026

Supervisory Control Compels Prompt Title 41 Dismissal After Remittitur; Title 41 Dismissal Does Not Modify Separate Title 40 Parenting Plan 1. Introduction R.F. v. 13th Judicial Dist. Court (Mont....

Charging-Lien Enforcement Orders Are Not Immediately Appealable Under the Collateral-Order Doctrine

Date: Aug 28, 2026

Charging-Lien Enforcement Orders Are Not Immediately Appealable Under the Collateral-Order Doctrine I. Introduction In All Does (1-144) v. Conrad & Scherer, LLP (11th Cir. Aug. 26, 2026), the...

Qualified Immunity at the Pleading Stage: City Commissioners Can Face First Amendment Whistleblower-Retaliation Claims; City Manager Shielded for Paid Suspension Pending Termination

Date: Aug 28, 2026

Qualified Immunity at the Pleading Stage: City Commissioners Can Face First Amendment Whistleblower-Retaliation Claims; City Manager Shielded for Paid Suspension Pending Termination 1. Introduction...

Passive Spectator Protest at K–12 Athletic Events: Sanctioning “XX” Wristbands as Viewpoint Discrimination Absent Disruption or Harassment

Date: Aug 28, 2026

Passive Spectator Protest at K–12 Athletic Events: Sanctioning “XX” Wristbands as Viewpoint Discrimination Absent Disruption or Harassment 1. Introduction Fellers v. Kelley (1st Cir. Aug. 26, 2026)...

Full-Recourse Guaranty Triggered by the Mere Filing of a Bankruptcy Petition—Authorization Not Required (Georgia Law)

Date: Aug 28, 2026

Full-Recourse Guaranty Triggered by the Mere Filing of a Bankruptcy Petition—Authorization Not Required (Georgia Law) Case: Access Point Financial, LLC v. Charles Everhardt (No. 26-11169) (11th Cir....

Non-Merits Shotgun-Pleading Dismissals Need Not Precede with Subject-Matter Jurisdiction Analysis; Rule 72(a) Waiver Bars Appeal of Nondispositive Magistrate Orders

Date: Aug 28, 2026

Non-Merits Shotgun-Pleading Dismissals Need Not Precede with Subject-Matter Jurisdiction Analysis; Rule 72(a) Waiver Bars Appeal of Nondispositive Magistrate Orders 1. Introduction In Civica Simpson...

Policy Violations and Delayed Care Do Not Establish Eighth Amendment Liability Without Subjective Awareness of a Strong Likelihood of Serious Harm and a Causal Link

Date: Aug 28, 2026

Policy Violations and Delayed Care Do Not Establish Eighth Amendment Liability Without Subjective Awareness of a Strong Likelihood of Serious Harm and a Causal Link Introduction In Harold Dombrowski...

Eleventh Circuit: § 3553(a) Factors Alone Can Defeat Compassionate Release; Minimal Explanation Suffices and No Deference Owed to Original Sentencer

Date: Aug 28, 2026

Eleventh Circuit: § 3553(a) Factors Alone Can Defeat Compassionate Release; Minimal Explanation Suffices and No Deference Owed to Original Sentencer 1. Introduction In United States v. Julio...

Howard (11th Cir.): Unraised Suppression Theories Trigger Plain-Error Review, Unobjected Magistrate Orders Are Unreviewable, and General Perjury Findings Support §3C1.1

Date: Aug 28, 2026

Howard (11th Cir.): Unraised Suppression Theories Trigger Plain-Error Review, Unobjected Magistrate Orders Are Unreviewable, and General Perjury Findings Support §3C1.1 I. Introduction In United...

Keene Harmless-Error Affirmance for Disputed Safety-Valve Eligibility When the District Court Would Impose the Same Substantively Reasonable Sentence

Date: Aug 28, 2026

Keene Harmless-Error Affirmance for Disputed Safety-Valve Eligibility When the District Court Would Impose the Same Substantively Reasonable Sentence I. Introduction In United States v. Pedro...