Puerto Rico Case Commentaries

Approved Ethics Rule: Third-Party Vendors May Pursue Nonparty Document Production Only Under Lawyer Supervision and Independent Professional Judgment

Date: Aug 12, 2026

Approved Ethics Rule: Third-Party Vendors May Pursue Nonparty Document Production Only Under Lawyer Supervision and Independent Professional Judgment 1. Introduction In In Re: Formal Advisory Opinion...

Recreational Property Act Immunity Depends on the Landowner’s General Invitation, Not the Plaintiff’s Moment-of-Injury Activity

Date: Aug 12, 2026

Recreational Property Act Immunity Depends on the Landowner’s General Invitation, Not the Plaintiff’s Moment-of-Injury Activity I. Introduction McLamb v. Mayor and Aldermen of the City of Savannah...

Goodell v. Moulton: Pavesich Balancing (Not Strict Scrutiny) Governs Georgia Constitutional Medical-Privacy Objections to Civil Discovery

Date: Aug 12, 2026

Goodell v. Moulton: Pavesich Balancing (Not Strict Scrutiny) Governs Georgia Constitutional Medical-Privacy Objections to Civil Discovery Court: Supreme Court of Georgia | Date: August 11, 2026 |...

Civil Jury Selection in Georgia: A Party’s Right to a 24-Person Panel of “Competent and Impartial” Jurors Is Violated (and Presumptively Harmed) When an Insurance-Defense Attorney for the Defendant’s Insurer Is Not Struck for Cause

Date: Aug 12, 2026

Civil Jury Selection in Georgia: A Party’s Right to a 24-Person Panel of “Competent and Impartial” Jurors Is Violated (and Presumptively Harmed) When an Insurance-Defense Attorney for the Defendant’s...

Civil Appeals in Georgia: A Pro Se Notice of Appeal Filed While Counsel Remains of Record Is a Nullity and Cannot Confer Appellate Jurisdiction

Date: Aug 12, 2026

Civil Appeals in Georgia: A Pro Se Notice of Appeal Filed While Counsel Remains of Record Is a Nullity and Cannot Confer Appellate Jurisdiction 1. Introduction Muhammad et al. v. Clayton County et...

Standing in FLSA Wage Cases: Courts Must Assume Legal Validity and Avoid Merits Rulings on Rule 12(b)(1)

Date: Aug 12, 2026

Standing in FLSA Wage Cases: Courts Must Assume Legal Validity and Avoid Merits Rulings on Rule 12(b)(1) 1. Introduction In Mighell v. HPG Pizza I (10th Cir. Aug. 11, 2026), plaintiff Steve Mighell,...

Rule 28 Noncompliance in Pro Se Bankruptcy Appeals: Frivolous, Incoherent Briefing Warrants Affirmance

Date: Aug 12, 2026

Rule 28 Noncompliance in Pro Se Bankruptcy Appeals: Frivolous, Incoherent Briefing Warrants Affirmance Introduction Rusk v. Beutler (10th Cir. Aug. 11, 2026) arises from a Chapter 13 bankruptcy in...

Failure to Warn of Medication Side Effects During a Competency Evaluation Does Not Plead Fourteenth Amendment Deliberate Indifference (and Mislabeling “Frivolous” Dismissals Matters for Review and PLRA Strikes)

Date: Aug 12, 2026

Failure to Warn of Medication Side Effects During a Competency Evaluation Does Not Plead Fourteenth Amendment Deliberate Indifference (and Mislabeling “Frivolous” Dismissals Matters for Review and...

Homie Technology v. National Association of Realtors — “Facilitation” Is Not an Exclusionary Agreement: Continuing-Conspiracy Tolling Requires a Plausible Conspiracy in the Challenged Rules Themselves

Date: Aug 12, 2026

“Facilitation” Is Not an Exclusionary Agreement: Continuing-Conspiracy Tolling Requires a Plausible Conspiracy in the Challenged Rules Themselves Case: Homie Technology, Inc. v. National Association...

Forfeiture of Rule 33 Untimeliness Makes FRAP 4(b)(3) Tolling Effective (and Preserves District-Court Jurisdiction)

Date: Aug 12, 2026

Forfeiture of Rule 33 Untimeliness Makes FRAP 4(b)(3) Tolling Effective (and Preserves District-Court Jurisdiction) United States v. Castro, Nos. 24-11000 & 26-10428 (5th Cir. Aug. 11, 2026) (per...

EPCA Direct Final Rules Are “Prescribed” Only Upon DOE Adherence After Comments—and Must Be Withdrawn When Adverse Comments Provide a Reasonable Basis

Date: Aug 12, 2026

EPCA Direct Final Rules Are “Prescribed” Only Upon DOE Adherence After Comments—and Must Be Withdrawn When Adverse Comments Provide a Reasonable Basis I. Introduction In State of Mississippi v. DOE...

Appellate Waiver and “Uncontroverted Facts” in Pro Se Summary Judgment: Procedural Defaults Control Title VII/ADA Retaliation Outcomes

Date: Aug 12, 2026

Appellate Waiver and “Uncontroverted Facts” in Pro Se Summary Judgment: Procedural Defaults Control Title VII/ADA Retaliation Outcomes Case: Mitchell-Pennington v. Installtec, Inc. (No. 25-3141) |...

United States v. Castro — Forfeiture of Rule 33 Timeliness Treats Notice of Appeal as Ineffective Under FRAP 4(b)(3)

Date: Aug 12, 2026

Forfeiture of Rule 33 Timeliness Treats Notice of Appeal as Ineffective Under FRAP 4(b)(3) (and Limits Review of Post‑Judgment Orders Without a New Notice) Case: United States v. Castro (5th Cir....

Plain-Error Reversal of § 922(g)(1) As Applied After Intervening Precedent, and “Unbundling” Grouped Counts for Resentencing

Date: Aug 12, 2026

Plain-Error Reversal of § 922(g)(1) As Applied After Intervening Precedent, and “Unbundling” Grouped Counts for Resentencing Case: United States v. Elliott (5th Cir. Aug. 11, 2026) (per curiam,...

QPA Must Reflect Negotiated Market Rates: Excluding Ghost Rates and Including Incentives Under the No Surprises Act

Date: Aug 12, 2026

QPA Must Reflect Negotiated Market Rates: Excluding Ghost Rates and Including Incentives Under the No Surprises Act Introduction Texas Medical Association v. HHS is an en banc Fifth Circuit decision...

Appellate Abandonment in FTCA Cases: Unchallenged Discretionary-Function and Alternative Dismissal Grounds Require Affirmance

Date: Aug 12, 2026

Appellate Abandonment in FTCA Cases: Unchallenged Discretionary-Function and Alternative Dismissal Grounds Require Affirmance Case: Timothy Taylor v. United States (4th Cir. Aug. 11, 2026)...

Res Judicata and Absolute Immunities Bar Serial Collateral Civil Suits Over Prior Proceedings

Date: Aug 12, 2026

Res Judicata and Absolute Immunities Bar Serial Collateral Civil Suits Over Prior Proceedings Introduction In Jameson Rosado v. Joseph A. Dickson (3d Cir. Aug. 11, 2026) (non-precedential), the Third...

Equitable Tolling for § 1252(b)(1) After Riley and Functional “Final Order” Challenges in Withholding-Only Review

Date: Aug 12, 2026

Equitable Tolling for 8 U.S.C. § 1252(b)(1) After Riley and Functional “Final Order” Challenges in Withholding-Only Review Case: Jaime Navarro Cerritos v. Todd Blanche (4th Cir.) Date: August 11,...

App.R. 26(B) Reopening Requires a “Genuine Issue” of Ineffective Appellate Counsel; Court Will Not Revisit Aggregate-Consecutive-Sentence Proportionality After Polizzi

Date: Aug 12, 2026

App.R. 26(B) Reopening Requires a “Genuine Issue” of Ineffective Appellate Counsel; Court Will Not Revisit Aggregate-Consecutive-Sentence Proportionality After Polizzi 1. Introduction In 08/11/2026...

No Fourth Amendment “Seizure” from Force Used in Voluntary Law-Enforcement Training Exercises Absent Intent to Restrain

Date: Aug 12, 2026

No Fourth Amendment “Seizure” from Force Used in Voluntary Law-Enforcement Training Exercises Absent Intent to Restrain Introduction In Danielle Arthur v. Douglas Krause (Sixth Cir. Aug. 11, 2026),...