Anti-Kickback Statute: “May Be Made” Satisfied by Potential Federal Coverage; Employee Safe Harbor Is an Affirmative Defense Waived if Not Raised Case: United States v. Steven Chun (with Daniel...
Accrual of § 1983 Challenges to Sex-Offender Registration Begins When Registration Is First Enforced (Not at Sentencing) Case: Darrel Deon Harvey v. Secretary, Florida Department of Corrections, et...
ADA “Qualified Individual” Rule: Illegal Marijuana Use (and Failure to Complete a Required Drug Test) Defeats the Prima Facie Case Introduction In Kimberly Bellamy v. C2 Global Professional Services...
With-Prejudice Dismissal After One Repleader Opportunity for Shotgun Pleadings, and Appellate Jurisdiction Limited to Orders Designated in the Notice of Appeal 1. Introduction In Melissa Madaffari v....
Future Plans to Move Do Not Defeat “Residency,” but “Household” Membership Turns on a Fact-Intensive Merger Inquiry (Georgia UM “Resident Relative” Coverage) I. Introduction Travelers Property...
Narrow Application of the “Miscarriage of Justice” Exception After Hunter: Within-Guidelines Sentences and Substantive-Reasonableness Claims Remain Barred by Knowing Appeal Waivers 1. Introduction In...
Last-Minute Restitution Payment Does Not Preclude Revocation Where Willful Default Is Inferable from Ability to Pay I. Introduction In United States v. Saleem Hakim (11th Cir. Aug. 18, 2026)...
Defendant-Specific Findings Required for U.S.S.G. § 2B1.1(b)(10)(C) Sophisticated-Means Enhancement (Post-2015 Amendment) I. Introduction In United States v. Tamara Quicutis (11th Cir. Aug. 18, 2026)...
Second Circuit: Church Autonomy Bars Defamation Claims Inextricably Intertwined with Clergy Selection, Discipline, and Internal Governance—even After Social-Media Dissemination 1. Introduction Belya...
Section 3559(e)(1) “Minor Victim” Clause Is Circumstance-Specific; State Predicate May Categorically Match Any Listed Federal Sex Offense 1. Introduction United States v. Valder (2d Cir. Aug. 18,...
Receipt Notices Are Not “Prima Facie Eligibility”: Limits on U-Visa-Based Termination and Deferential Review of Hardship in Cancellation Cases Case: Castaneda-Ramirez v. Bondi (caption reflects...
State Action in § 1983 Under § 1331 Is a Merits Element (Not Jurisdiction) and Colorado Child Legal Representatives Are Not State Actors I. Introduction In Gladstone v. Tarrin (10th Cir. Aug. 18,...
Law-of-the-Case Bars Repackaged Challenges to an Enforced Appeal Waiver in Serial Contempt Appeals 1. Introduction Case: In re: Contempt Proceedings Against Carpenter (10th Cir. Aug. 18, 2026)....
Coram Nobis After a Guilty Plea: Anonymous “Whistleblower” Allegations Must Show a Diligent, Plea-Related Miscarriage of Justice I. Introduction In United States v. Migliaccio (10th Cir. Aug. 18,...
Illinois Defamation and Paywalled Journalism: Innocent Construction Applies Where the Public Preview Supports a Non-Defamatory Reading; Per Quod Requires Non-Speculative Special Damages Under Rule...
Class-Action Arbitration Waiver: Pre-Certification Conduct Counts; Lakeridge-Guided Appellate Review of Orders Denying Motions to Compel 1. Introduction In George Moore v. Club Exploria, LLC (7th...
Sworn Evidence of Unavailable Grievance Appeals Bars PLRA Exhaustion Summary Judgment; Court Must Use Pavey Hearing or Jury if Merits-Intertwined Case: Lawrence Burns v. Sterling Polk (and John...
Co-Worker Harassment Under Title VII: Isolated Slurs, Overheard Remarks, and Hearsay Generally Do Not Satisfy the “Severe or Pervasive” Standard I. Introduction In Michelle Strickland v. Thomas Dart,...
Indiana Cannot Enforce “Aid-or-Assist” Against Truthful Out-of-State Abortion Information and Referrals to Minors: Content/Viewpoint-Based Speech Restriction Fails Strict Scrutiny I. Introduction...
Supervisory “Authorship” Satisfies the Confrontation Clause for Regulatory Examination Memoranda in Bank-Fraud Trials I. Introduction United States v. Miroslaw Krejza (7th Cir. Aug. 18, 2026) arises...