Puerto Rico Case Commentaries

Bankruptcy Courts Must Explain Pioneer Excusable-Neglect Rulings and Give Heightened Rule 41(b) Notice Before Dismissing for Counsel’s Missed Pretrial Deadlines

Date: Aug 21, 2026

Bankruptcy Courts Must Explain Pioneer Excusable-Neglect Rulings and Give Heightened Rule 41(b) Notice Before Dismissing for Counsel’s Missed Pretrial Deadlines Case: In re: John S. Biedka; Raenette...

Fundamental Fairness Limits § 12-63c Penalties When the Assessor’s Notice Is Not Reasonably Calculated to Reach the Owner

Date: Aug 21, 2026

Fundamental Fairness Limits § 12-63c Penalties When the Assessor’s Notice Is Not Reasonably Calculated to Reach the Owner 1. Introduction In Greenwich Retail, LLC v. Greenwich (Concurrence &...

Qualified Immunity in Child-Removal Cases: Family-Integrity Right Not “Clearly Established” Where a Court-Ordered Removal Rests on Undisputed Evidence of Physical Altercation and Alleged Affidavit Errors Are Not Material to Probable Cause

Date: Aug 21, 2026

Qualified Immunity in Child-Removal Cases: Family-Integrity Right Not “Clearly Established” Where a Court-Ordered Removal Rests on Undisputed Evidence of Physical Altercation and Alleged Affidavit...

Randel v. Travelers Lloyds of Texas: Mandate-and-Forfeiture Limits on Remand and Appeal in Texas Insurance Prompt-Payment Litigation

Date: Aug 21, 2026

Randel v. Travelers Lloyds of Texas: Mandate-and-Forfeiture Limits on Remand and Appeal in Texas Insurance Prompt-Payment Litigation I. Introduction Parties: Randy and Debra Randel...

Facially Valid Bench Warrants Defeat False Arrest and Malicious Prosecution; Conclusory Allegations Do Not Overcome Qualified Immunity

Date: Aug 21, 2026

Facially Valid Bench Warrants Defeat False Arrest and Malicious Prosecution; Conclusory Allegations Do Not Overcome Qualified Immunity Case: Williams v. Town of Clinton (5th Cir. Aug. 17, 2026) (per...

ERISA Loss Causation in the Eleventh Circuit: “Apples-to-Apples” Comparators Are Permissive, Not Mandatory, for Proving Objective Imprudence

Date: Aug 21, 2026

ERISA Loss Causation in the Eleventh Circuit: “Apples-to-Apples” Comparators Are Permissive, Not Mandatory, for Proving Objective Imprudence Case: Ann Johnson v. Russell Investments Trust Company...

Warner v. Hillsborough County Clerk of Courts — Notice “Reasonably Calculated” Is Required Before a Clerk Escheats Court-Registry Funds Under Fla. Stat. § 116.21; Unnoticed “Abandonment” Cannot Defeat a Takings Claim

Date: Aug 21, 2026

Notice “Reasonably Calculated” Is Required Before a Clerk Escheats Court-Registry Funds Under Fla. Stat. § 116.21; Unnoticed “Abandonment” Cannot Defeat a Takings Claim Introduction In Blake Warner...

Temporary Custody Participation Does Not Constitute Hague “Acquiescence”; Habitual Residence Is Fixed at the Date of Wrongful Retention

Date: Aug 21, 2026

Temporary Custody Participation Does Not Constitute Hague “Acquiescence”; Habitual Residence Is Fixed at the Date of Wrongful Retention I. Introduction Giguere v. Tardif (1st Cir. Aug. 17, 2026) is a...

First Circuit: § 6213(a)’s 90-Day Tax Court Filing Deadline Is Nonjurisdictional but Mandatory and Not Equitably Tollable

Date: Aug 21, 2026

First Circuit: § 6213(a)’s 90-Day Tax Court Filing Deadline Is Nonjurisdictional but Mandatory and Not Equitably Tollable 1. Introduction Kyick Holdings, LLC v. Commissioner of Internal Revenue...

Rule 8 Fair-Notice Requirement: Agency/Alter-Ego Liability Must Be Pleaded (Not Raised at Summary Judgment or Trial) in Diversity Contract Disputes

Date: Aug 21, 2026

Rule 8 Fair-Notice Requirement: Agency/Alter-Ego Liability Must Be Pleaded (Not Raised at Summary Judgment or Trial) in Diversity Contract Disputes 1. Introduction Jiangmen Benlida Printed Circuit...

Deliberate-Ignorance Instruction Properly Given Where SBA Loan Fraud Evidence Shows Evasive Statements and “Sign, Sign, Sign” Avoidance of Loan Terms

Date: Aug 21, 2026

Deliberate-Ignorance Instruction Properly Given Where SBA Loan Fraud Evidence Shows Evasive Statements and “Sign, Sign, Sign” Avoidance of Loan Terms Introduction In United States v. Barrett Purvis...

Unpublished Eleventh Circuit Decision: Threat-Based “Forcible Assault,” Tractor-as-Weapon “Aggravated Assault,” But-For Race Selection Enhancement, and Keene-Based Sentencing Affirmance

Date: Aug 21, 2026

Threat-Based “Forcible Assault,” Tractor-as-Weapon “Aggravated Assault,” But-For Race Selection Enhancement, and Keene-Based Sentencing Affirmance I. Introduction In United States v. William Charles...

Second Circuit Recognizes a First Amendment Right to Record Publicly Visible Police-Station Exteriors from a Public Sidewalk (Subject to Qualified Immunity for Pre-Decision Conduct)

Date: Aug 21, 2026

Second Circuit Recognizes a First Amendment Right to Record Publicly Visible Police-Station Exteriors from a Public Sidewalk (Subject to Qualified Immunity for Pre-Decision Conduct) 1. Introduction...

Coram Nobis Harmless-Error Review: Kotteakos Governs (and Petitioner Bears the Burden)

Date: Aug 21, 2026

Coram Nobis Harmless-Error Review: Kotteakos Governs (and Petitioner Bears the Burden) Case: Stinn v. United States of America, No. 25-293 (2d Cir. Aug. 17, 2026) Court: United States Court of...

Andrew v. Tinsley and the “Central Jury Issues” Limitation on Due-Process Challenges to Irrelevant, Prejudicial Evidence in Federal Habeas Review

Date: Aug 21, 2026

Andrew v. Tinsley and the “Central Jury Issues” Limitation on Due-Process Challenges to Irrelevant, Prejudicial Evidence in Federal Habeas Review Case: Andrew v. Tinsley, No. 15-6190 (10th Cir.)...

Standing to Appeal Requires a Conviction: Post‑Verdict Dismissal of a Count Moots Challenges to Pretrial Denial of Dismissal

Date: Aug 21, 2026

Standing to Appeal Requires a Conviction: Post‑Verdict Dismissal of a Count Moots Challenges to Pretrial Denial of Dismissal 1. Introduction In United States v. Clements (10th Cir. Aug. 17, 2026),...

Outsider FCA Relators Must Plead Particularized Presentment and Rigorous Materiality—Regulatory “Gray Areas” and Agency Guidance Alone Do Not Suffice

Date: Aug 21, 2026

Outsider FCA Relators Must Plead Particularized Presentment and Rigorous Materiality—Regulatory “Gray Areas” and Agency Guidance Alone Do Not Suffice 1. Introduction In A. Samuel Enloe v. Heritage...

Early Voting Requires Election Judges: Minnesota Election-Day Judge Duties Apply Throughout the 18-Day Early Voting Period

Date: Aug 21, 2026

Early Voting Requires Election Judges: Minnesota Election-Day Judge Duties Apply Throughout the 18-Day Early Voting Period 1. Introduction In Minnesota Voters Alliance v. City of Minneapolis (Minn....

Plain-Text Removability Under 8 U.S.C. § 1227(a)(4)(A)(i) for Any Illegal Export Activity (Including 18 U.S.C. § 554 Firearms Smuggling), Rejecting Noscitur a Sociis

Date: Aug 21, 2026

Plain-Text Removability Under 8 U.S.C. § 1227(a)(4)(A)(i) for Any Illegal Export Activity (Including 18 U.S.C. § 554 Firearms Smuggling), Rejecting Noscitur a Sociis Case: Olibris v. Blanche (5th...

United States v. Hicks & Mendoza: Sovereign-Citizen Rhetoric Alone Does Not Defeat a Faretta Waiver or Trigger a Sua Sponte Competency Hearing; Consent Waives Objections to Remote Rule 15 Testimony

Date: Aug 21, 2026

Sovereign-Citizen Rhetoric Alone Does Not Defeat a Faretta Waiver or Trigger a Sua Sponte Competency Hearing; Consent Waives Objections to Remote Rule 15 Testimony Case: United States v. Willie Hicks...