Puerto Rico Case Commentaries

Waters v. Kory: Second Circuit Defines PREP Act “Causal Relationship” (No Sole-Cause Requirement) and Holds Denials of PREP Act Immunity Immediately Appealable; CUTPA Cannot Recast Medical Malpractice

Date: Aug 28, 2026

Second Circuit Defines PREP Act “Causal Relationship” (No Sole-Cause Requirement) and Holds Denials of PREP Act Immunity Immediately Appealable; CUTPA Cannot Recast Medical Malpractice I....

Changed-Country-Conditions Reopening Requires Post–First-Motion Material Change and CAT Requires Particularized, Aggregated Risk Evidence

Date: Aug 28, 2026

Changed-Country-Conditions Reopening Requires Post–First-Motion Material Change and CAT Requires Particularized, Aggregated Risk Evidence 1. Introduction Case: Harmez v. Blanche (10th Cir. Aug. 26,...

Consent-to-Search Traffic Stops: Removing and Frisking a Passenger Based on Totality-of-Circumstances Safety Concerns

Date: Aug 28, 2026

Consent-to-Search Traffic Stops: Removing and Frisking a Passenger Based on Totality-of-Circumstances Safety Concerns I. Introduction In United States v. Marshall (10th Cir. Aug. 26, 2026)...

ERISA Permits State PBM Cost Regulation and “Necessitated, Incidental” Reporting to Enforce It

Date: Aug 28, 2026

ERISA Permits State PBM Cost Regulation and “Necessitated, Incidental” Reporting to Enforce It 1. Introduction In Central States SE & SW Areas Health & Welfare Fund v. Alan McClain, the Seventh...

Conduct Reports Alone May Constitute “Some Evidence” Supporting Prison Restitution Amounts

Date: Aug 28, 2026

Conduct Reports Alone May Constitute “Some Evidence” Supporting Prison Restitution Amounts (Even Without Medical Bills) 1. Introduction In John Hawkins v. Nathan Angle, an Indiana prisoner (John...

RLUIPA Requires Record Evidence—not Conclusory Cost Assertions—to Reject Prepackaged Halal-Meat Alternatives at the Preliminary-Injunction Stage

Date: Aug 28, 2026

RLUIPA Requires Record Evidence—not Conclusory Cost Assertions—to Reject Prepackaged Halal-Meat Alternatives at the Preliminary-Injunction Stage Case: Timothy Mayberry v. Ron Neal, et al. Court:...

Custody, Not Title: Michigan Unclaimed-Property Owners Retain Principal and the State-Generated Interest (Due Process Remand)

Date: Aug 28, 2026

Custody, Not Title: Michigan Unclaimed-Property Owners Retain Principal and the State-Generated Interest (Due Process Remand) 1. Introduction In Dennis O'Connor v. Rachael Eubanks, the Sixth Circuit...

Lowest Unit Charge Is Limited to Candidate “Use”: Political Parties and Joint Fundraising Committees with Non‑Candidate Members Are Ineligible

Date: Aug 28, 2026

Lowest Unit Charge Is Limited to Candidate “Use”: Political Parties and Joint Fundraising Committees with Non‑Candidate Members Are Ineligible I. Introduction Case: Sherrod Brown v. FCC (4th Cir....

Apex Clearing v. SEC: Later, More Lenient SEC Sweep Settlements Do Not Justify Modifying a Final Settled Order Absent Rufo-Type Changed Circumstances; Post Hoc Waiver Arguments Are Barred

Date: Aug 28, 2026

Later, More Lenient SEC Sweep Settlements Do Not Justify Modifying a Final Settled Order Absent Rufo-Type Changed Circumstances; Post Hoc Waiver Arguments Are Barred 1. Introduction In Apex Clearing...

Due Process Minimums in Equity-Receivership Distribution Orders Affecting Asserted Secured Lien Rights

Date: Aug 28, 2026

Due Process Minimums in Equity-Receivership Distribution Orders Affecting Asserted Secured Lien Rights Case: Black v. Unibank (as styled in the provided materials) Court: United States Court of...

Teague Bars “Shifted-Science” Brady Claims Absent Contemporaneous Prosecutorial Knowledge; Public-Domain Forensic Debate Is Not “Suppressed”

Date: Aug 28, 2026

Teague Bars “Shifted-Science” Brady Claims Absent Contemporaneous Prosecutorial Knowledge; Public-Domain Forensic Debate Is Not “Suppressed” Case: Herod v. Guerrero (5th Cir. Aug. 25, 2026)...

Deadly Force During a Hostage Standoff: No Fourth Amendment Excessive Force When Officers Shoot an Armed Captor Posing an Immediate Threat, Even if a Hostage Is Unintentionally Killed

Date: Aug 28, 2026

Deadly Force During a Hostage Standoff: No Fourth Amendment Excessive Force When Officers Shoot an Armed Captor Posing an Immediate Threat, Even if a Hostage Is Unintentionally Killed 1. Introduction...

Forfeiture on Reconsideration: The Fifth Circuit Limits § 922(g)(1) As-Applied Review to the Timely-Made Record and a Simple-Possession Predicate

Date: Aug 28, 2026

Forfeiture on Reconsideration: The Fifth Circuit Limits § 922(g)(1) As-Applied Review to the Timely-Made Record and a Simple-Possession Predicate 1. Introduction United States v. Luna (5th Cir. Aug....

Administrative Psychology Confidentiality Rules Cannot Override Court-Ordered Civil Discovery of Raw Psychological Test Data

Date: Aug 28, 2026

Administrative Psychology Confidentiality Rules Cannot Override Court-Ordered Civil Discovery of Raw Psychological Test Data 1. Introduction DAVIS v. DIST. CT. (OHANIAN) (CIVIL), 142 Nev., Adv. Op....

NSCB May Discipline for Below-Trade-Standard Workmanship (Without a Code Violation) and May Proceed After License Expiration; Corporate Qualifier May Be Jointly Liable

Date: Aug 28, 2026

NSCB May Discipline for Below-Trade-Standard Workmanship (Without a Code Violation) and May Proceed After License Expiration; Corporate Qualifier May Be Jointly Liable 1. Introduction In ASSURED...

Fifth Circuit: Unpronounced “Standard” Supervised-Release Conditions Must Be Stricken Absent a Record Basis to Infer Defendant Personally Reviewed the PSR

Date: Aug 27, 2026

Fifth Circuit: Unpronounced “Standard” Supervised-Release Conditions Must Be Stricken Absent a Record Basis to Infer Defendant Personally Reviewed the PSR I. Introduction In United States v. Newton...

Third Circuit: Time-Barred § 1983 Claims, No Standing Without Credible Threat of Enforcement, and Conclusory “Conspiracy” Allegations Cannot Salvage a Murky Complaint

Date: Aug 27, 2026

Third Circuit: Time-Barred § 1983 Claims, No Standing Without Credible Threat of Enforcement, and Conclusory “Conspiracy” Allegations Cannot Salvage a Murky Complaint 1. Introduction In Andre Boyer...

Express Reservation + Needed Factual Development Defeats Implied Waiver of FAA Arbitration Rights

Date: Aug 27, 2026

Express Reservation + Needed Factual Development Defeats Implied Waiver of FAA Arbitration Rights Case: Jane Parkin v. Avis Rent a Car System LLC (captioned defendants include Budget Rent A Car...

Silence Is Not “Affirmative Non‑Opposition”: Administrative Closure Requires an Explicit DHS Indication Under 8 C.F.R. § 1003.1(l)(3)

Date: Aug 27, 2026

Silence Is Not “Affirmative Non‑Opposition”: Administrative Closure Requires an Explicit DHS Indication Under 8 C.F.R. § 1003.1(l)(3) 1. Introduction In Ayman Mohamady-Abdelghaffar v. Attorney...

Callais-Driven Vacatur: Section 2 Redistricting Injunctions Must Be Reassessed Under a Strong-Inference-of-Intent and Race–Politics Disentanglement Framework

Date: Aug 27, 2026

Callais-Driven Vacatur: Section 2 Redistricting Injunctions Must Be Reassessed Under a Strong-Inference-of-Intent and Race–Politics Disentanglement Framework Introduction In Coakley Pendergrass v....