Continuance Denials Require a Concrete Showing of Harm (Especially When Late-Disclosed Expert Material Is Not Used at Trial) 1. Introduction In Hensley v. The State (Supreme Court of Georgia, Aug....
CAFA Local-Controversy “Significant Basis” Requires a Conduct-Comparative Analysis; § 1291 Review Barred When Jurisdictional Remand Characterization Is Colorable 1. Introduction Daniel La Hart and...
Nonsignatory Cannot Invoke a Delegation Clause Absent Clear Assent; Texas Direct-Benefits Estoppel May Still Compel Arbitration of Warranty Claims Introduction In Greg Kerr v. General Motors LLC (3d...
Dismissals Based on Rooker-Feldman or Eleventh Amendment Immunity Must Be Without Prejudice; Other Claim-Defeating Doctrines May Warrant With-Prejudice Dismissal Introduction In Richard Silverberg v....
Chain of Custody Need Not Be Proven Beyond a Reasonable Doubt in the Third Circuit Introduction In United States v. Kenneth Strickland (3d Cir. Aug. 18, 2026), Kenneth Strickland appealed jury...
Pro Se PLRA Three-Strikes Screening: R&R Objections Alleging Imminent Danger Must Be Treated as a Rule 15 Amendment or Motion to Amend 1. Introduction In John Wilson, Jr. v. Secretary, Florida...
Impeachment-Only, Ambiguous “Admission” Does Not Render a Trial Fundamentally Unfair; AEDPA Deference to Chapman Harmlessness and Independent Brecht Review I. Introduction In Wakilii Brown v....
Voluntary Dismissal Without Prejudice of Remaining Claims Defeats § 1291 Finality (Even for Appellee Counterclaims) Case: Air-Con, Inc. v. Daikin Applied Latin America, LLC (1st Cir. Aug. 21, 2026)...
Pleading Specific Contractual Promises and “Special Circumstances” to Impose Expanded Duties on Insurance Brokers Introduction In Galakatos v. Marsh & McLennan Companies, Inc. (1st Cir. Aug. 21,...
Hurley v. Curtis: Conclusory “Continued Search” Claims and Undeveloped Theories Cannot Defeat Summary Judgment; Qualified Immunity Shields Second-Responder Emergency-Aid Entries Absent Clearly...
Emergency-Aid Overdose Responses: Conclusory Search Allegations Fail and a Second Responding Officer’s Entry Is Not Clearly Unlawful for Qualified-Immunity Purposes I. Introduction Skeffington v....
United States v. Bourget: Whitley-Factor Proof of § 242 Willfulness in Prison Excessive-Force Cases and Trial-Court Discretion to Exclude “Training” Videos Under Rules 401/403 Introduction In United...
FDA’s “Comparative-Efficacy” PMTA Requirement Is a Substantive Rule Requiring APA Notice-and-Comment (and Cannot Be Imposed via Informal Adjudication) Introduction In Breeze Smoke, L.L.C. v. FDA...
Rule 23(f) Limits and No Pendent Review of FLSA Collective Certification Absent “Inextricably Intertwined” Issues Case: Hamm v. Ochsner-Acadia (5th Cir. Aug. 19, 2026) Court: United States Court of...
Comparative-Efficacy PMTA Denials Require APA Notice-and-Comment: Fifth Circuit Treats FDA’s ENDS Standard as a Substantive Rule Case: Lead by Sales, L.L.C. v. FDA (consolidated) Court: U.S. Court of...
Fifth Circuit: FDA’s Comparative-Efficacy Requirement for ENDS PMTAs Is a Substantive Rule Requiring APA Notice-and-Comment (Cannot Be Imposed via Informal Adjudication) I. Introduction Vapermate,...
Essential-Function and Reasonable-Accommodation Questions Under § 504 Are Generally for the Factfinder; RA Disparate-Impact Requires Comparative Proof Case: Carolyn Gardner v. Kutztown University (3d...
CAFA Local-Controversy “Significant Basis” Requires a Complaint-Focused, Comparative Conduct Analysis; Jurisdictional Remand Characterization Bars § 1291 Review 1. Introduction Parties and posture....
Claims-Made Coverage Barred by Unambiguous Prior-Knowledge Provision When Pre-Policy Events Create a Reasonable Basis to Expect a Claim Case: Meshinsky & Associates LLC v. Continental Casualty Co...
Plain-Language Enforcement of “Prior Knowledge” Provisions Bars Coverage Under Claims-Made Professional Liability Policies 1. Introduction In Meshinsky & Associates LLC v. Continental Casualty Co...