Ortiz y Pino v. Oliver: Enforcement Assurances Cannot Narrow Campaign-Fund Spending Bans to Avoid First Amendment Scrutiny I. Introduction Case: Ortiz y Pino v. Oliver, No. 25-2016 (10th Cir. Aug....
Browsewrap Arbitration Clauses Are Unenforceable Under Maryland Law When Unilateral “Change-in-Terms” Takes Effect Upon Site Visit Without Advance Notice Introduction In Kaitlyn Trimble v. Entrata,...
Strickland Prejudice in § 2255 Requires a Concrete Showing that a Missed U.S.S.G. § 5G1.3(c) Concurrency Argument Would Likely Change the Sentencing Court’s Discretionary Choice 1. Introduction In...
Mandamus Compels Lift of Stay for Insurer Duty-to-Defend Declaratory Judgment While Allowing Continued Stay on Indemnity Issues 1. Introduction In Ex parte Association of County Commissions of...
Withdrawn Consent Mid-Procedure: Mississippi Adopts the “Medical Feasibility” Expert-Testimony Requirement for Medical Battery Case: Shani M. Brown v. Dr. Barbara Davey-Sullivan and The Woman's...
Waiver Rule in Medical Malpractice: Unobjected-to Standard-of-Care Testimony (Even If Not Tendered as Expert) Must Be Considered on Sufficiency Review Case: Mary Margaret Upchurch and Rickie Upchurch...
Nexus in Family-Based Asylum Claims Must Turn on Why the Petitioner Was Threatened (Not Why a Relative Was Targeted) Case: Claudia Orellana-Ramos v. Todd Blanche (4th Cir.) Date: August 10, 2026...
Fourth Circuit: MCS-90 Endorsement Obligates Payment Only for Judgments Against the Named Motor-Carrier Insured Case: The Cincinnati Insurance Company v. Levi Owens Court: United States Court of...
Mootness of Interlocutory Appeals After Preliminary Injunction Expiration, and the Tenth Circuit’s Usual Refusal to Vacate Case: Edwards Lifesciences LLC & Edwards Lifesciences Corporation v. Michael...
Producer-Controlled Hiring Defeats Union Liability and “Average Age” Comparisons: ADEA Causation and Hiring-Hall Limits Under Producer’s Choice Introduction In Timothy McLaughlin v. International...
Forfeiture on Petition for Review and the Prejudice Requirement for Administrative-Closure Due Process Claims Case: Deylin Ortega Villalba v. Todd Blanche (6th Cir. Aug. 10, 2026) | Posture: Petition...
Haysbert v. Outback: No Third-Party Standing to Appeal Counsel’s Pro Hac Vice Revocation; Anderson Governs Added Rule 37 Sanctions Beyond Automatic Exclusion Court: United States Court of Appeals for...
Second Amendment Does Not Extend to Unlicensed Export of Firearms Abroad; AECA’s U.S. Munitions List Delegation Sustained 1. Introduction In United States v. Derby Clerfe (3d Cir. Aug. 10, 2026), the...
Standing to Enjoin Allegedly Racist Policing Requires (1) a Plausible Policy/Pattern and (2) a Real, Immediate Personal Threat—Advocacy Resource-Diversion Is Not Organizational Injury Case: NAACP...
ERISA § 1024(b)(4) Requires Disclosure of Administrative Services Agreements That Govern Plan Operations Case: Richard Kelly v. Altria Client Services, LLC (consolidated Nos. 25-1350 & 25-2080) |...
ERISA § 1024(b)(4) Requires Disclosure of Administrative Services Agreements as Instruments “Under Which” a Plan Is Operated Case: Richard Kelly v. Altria Client Services, LLC Court: United States...
Rule 32 Notice Challenges to Sentencing “Extra-Record Facts” Require a Contemporaneous Objection; Record-Based Inferences Defeat Plain-Error Review Introduction In United States v. Trujillo (10th...
Accumulated Record Evidence—Not a Formal Diagnosis—Can Support Mental-Health Supervised-Release Conditions Under Plain-Error Review Introduction In United States v. Wilkerson (5th Cir. Aug. 10, 2026)...
Knight v. Methanex USA: Conclusory Safety-Violation Pleadings Do Not Trigger LWCA Intentional-Act Exception; Written Statutory-Employer Clauses Presumptively Bar Negligence Claims for Integral...
Recklessness for Felony Evasion Under Miss. Code § 97-9-72(2): Dangerous Flight—Not Speed Alone—Supports Conviction 1. Introduction In Elizabeth Ann Bozard a/k/a Elizabeth A. Jones a/k/a Elizabeth...