Interlocutory Default Judgments Moot (Rather Than Deny) Pending Motions to Compel Arbitration and Remain Nonappealable Until Damages Are Assessed Case: Ivy Fund Manager, LLC v. CDH Real Estate...
Initiating a Shootout as Aggravated Assault: Proximate-Cause Liability Under Miss. Code § 97-3-7(2)(a)(i) Without Proof the Defendant Fired the Injuring Shot Case: House v. State of Mississippi...
Constructive-Possession Instructions Are Proper in Receiving-Stolen-Property Cases When the Elements Instruction Separately Requires Guilty Knowledge I. Introduction In Merriman v. State of...
Tax Assessment Notice by First-Class Mail: Agency System Records and Affidavits Prove Mailing; Mere Denial of Receipt Does Not Defeat Timeliness or Due Process 1. Introduction Carroll Brothers, LLC...
Juvenile First-Degree Murder After July 1, 2024: “Life Imprisonment” Under § 97-3-21(2)(b) Does Not Authorize LWOP and Cannot Be Defined by Importing the Parole Statute 1. Introduction Gregg v. State...
Exhaustion-Enforced Waiver and CAT Acquiescence: Failure to Challenge Nexus Before the BIA Bars Asylum/Withholding Review 1. Introduction In Cesar Plaza Rivera v. Attorney General United States of...
Third Circuit: Applying Ross “On‑Mission” Categories to Passenger Questioning and Construing “Can I Search You?” as General Consent to a Full Pat-Down I. Introduction United States v. Christopher...
Drug-Premises Enhancement Applies When Drug Distribution Is a Significant (Not Sole) Purpose of a Residence 1. Introduction In United States v. Jason Mika (3d Cir. Aug. 21, 2026) (nonprecedential),...
Rule 33 New Trials for Deadlock Instructions: Misstatement “You Have to” Requires Undue Coercion and Prejudice in Context I. Introduction United States v. Philip Epps (Third Circuit, Aug. 21, 2026)...
NRS 49.045 Does Not Create an Attorney–Client Relationship for RPC 1.7, and Credibility-Driven RPC 1.18 Disqualification Requires an Evidentiary Hearing 1. Introduction In AAA AIR FILTER CO., INC. v....
Fee-as-Damages Claims Based on Pre-Litigation Bad Faith Must Be Raised Pretrial or Are Waived I. Introduction Young Min Ban v. Joseph P. Manheim (Del. Aug. 21, 2026) addresses a recurring boundary...
§ 12-2604 Requires Courts to Identify the Alleged “Care or Treatment at Issue” and to Scrutinize Claimed Board-Certified Specialties (Including Majority-Time Practice) 1. Introduction AROJOJOYE v....
FDA’s “Comparative-Efficacy” PMTA Requirement Is a Substantive Rule Requiring APA Notice-and-Comment 1. Introduction In NicQuid, L.L.C. v. FDA, a consolidated set of petitions, multiple e-cigarette...
Free Return Travel and Anecdotal Country Conditions Do Not Compel Asylum/CAT Relief Absent a “Pattern of Sustained Pursuit” Case: Zhuravlev v. Blanche, No. 25-60410 (5th Cir. Aug. 19, 2026) (per...
Pipeline Safety Act Citizen Suits: The 60‑Day Notice-and-Delay Requirement Is a Mandatory Condition Precedent Requiring Dismissal 1. Introduction Sunoco Pipeline LP v. Daniel La Hart (3d Cir. Aug....
Florida Robbery by Sudden Snatching Categorically Qualifies as an INA “Theft Offense” Aggravated Felony 1. Introduction In Rishi Ramdial v. U.S. Attorney General (11th Cir. Aug. 21, 2026), the...
Catanese v. Curtis — Conclusory Fourth Amendment Claims, Waiver, and Qualified Immunity in Emergency-Aid “Sober Home” Entries 1. Introduction Catanese v. Curtis (1st Cir. Aug. 21, 2026) arose from...
Conclusory Fourth Amendment Allegations Cannot Defeat Summary Judgment; Qualified Immunity for Follow-On Emergency-Aid Entries Catanese v. Curtis (1st Cir. Aug. 21, 2026) I. Introduction This case...
APA Notice-and-Comment Required for FDA’s “Comparative Efficacy” PMTA Standard When Imposed Through Informal Adjudication Case: Elite Brothers, L.L.C. v. FDA (consolidated petitions including...
FDA “Comparative Efficacy” PMTA Requirement Is a Substantive Rule Requiring APA Notice-and-Comment Case: Vertigo Vapor, L.L.C. v. FDA (consolidated petitions) Court: United States Court of Appeals...