Roth v. Velasquez: Plaintiff’s Expert Must Be Record-Grounded; No “Hindsight” Malpractice or Proximate Cause Against an ED Physician Who Properly Signed Out Care Introduction Roth v Velasquez (2026...
Original Motor Carrier Liability as Statutory Employer in Multi-Carrier Outsourcing Chains Under 49 C.F.R. § 376.22 1. Introduction Crane v. Penske Trans Mgmt (5th Cir. Aug. 4, 2026) addresses who...
“Relating To” in 18 U.S.C. § 2252A(b)(1) Retains Its Ordinary Broad Meaning Under the Categorical Approach I. Introduction United States v. Mendoza (5th Cir. Aug. 7, 2026) addresses two recurring...
Harmless-Error Mootness of a Miranda Custody Dispute After a Conditional Plea, and Admissibility of a Post-Warning Polygraph Confession Under Seibert 1. Introduction United States v. Evan Galasso...
Armed Drug-Turf Shootouts: Negligent Self-Creation Defeats Self-Defense Against the § 2D1.1(d)(1) Murder Cross-Reference I. Introduction In United States v. Cristian Ponce (11th Cir. Aug. 7, 2026),...
Sixth Circuit: “Class-of-One” Equal-Protection Challenges to USPS Mail-Delivery Service Must Be Filed at the Postal Regulatory Commission Under 39 U.S.C. § 3662 1. Introduction In Charles H. Klein,...
Sixth Circuit: Party Presentation and Forfeiture Limit Sua Sponte Defeat of Title VII Retaliation; RIF “Pretext” Can Reach a Jury 1. Introduction In Mark Pannek; Thomas Strotman v. U.S. Bank National...
APA Grant-Freeze Litigation: Categorical Pauses Are Reviewable and Likely Arbitrary, but Courts Cannot Order Grant Payments (First Cir. 2026) Case: Woonasquatucket River Watershed Council v. USDA...
Bousley Actual-Innocence Gateway Extends to Equally Serious Dismissed Charges for AEDPA Time-Bar Relief Introduction In United States v. Hahn (10th Cir. Aug. 7, 2026), Marcus Hahn sought...
Authorized Signers May Bind Business Deposit Customers to Bank Arbitration Terms Incorporated by Reference; Post-Compulsion Disposition Must Be Stay or Dismissal Without Prejudice Case: Cunningham v....
Patient “Cost-Support” Fax Can Be a TCPA Advertisement Even with Informational Content 1. Introduction In S.A.S.B. CORP v. Johnson & Johnson Health Care Systems Inc. (3d Cir. Aug. 7, 2026), S.A.S.B....
Usury as a Waivable Affirmative Defense: Vermont Requires Reassertion at Summary Judgment and Permits Enforcement at the Legal Interest Rate Absent a Preserved § 50(b) Claim 1. Introduction In...
Guidelines Robbery After the 2023 Amendment: No Implied Mens Rea; California Penal Code § 211 Categorically Qualifies Case: United States v. Williams (5th Cir. Aug. 7, 2026) | Court: U.S. Court of...
Sixth Circuit Adopts Probable-Cause Standard for the “Serious Reasons for Believing” Serious-Nonpolitical-Crime Bar I. Introduction In Leandro Spindola v. Todd Blanche (6th Cir. Aug. 7, 2026), the...
Qualified Immunity and Fourth Amendment Reasonableness: Probable Cause, Inventory Searches, and Obstruction Arrests Despite Policy Imperfections 1. Introduction Cody Henderson v. Village of New...
Unconditional Prevailing-Party Fee Shifting Under TBCC § 28.08(c) in Credit-Reporting Suits (No FCRA Preemption) and Forfeiture Limits on Fee Challenges I. Introduction Gore v. Higher Educ Loan Auth...
18 U.S.C. §§ 111 & 1114: Subcontracted Private Personnel Assisting Federal Detention Functions Are Protected Without a Direct Federal Contract Case: United States v. Hernandez (No. 25-2084) Court:...
Appraisal-and-Tolling Demands Alone Do Not Create a Justiciable Insurance Dispute in Minnesota 1. Introduction In CVC Investments LLP, et al. v. State Farm Fire and Casualty Company (Minn. Aug. 5,...
Injury-in-Fact Standing Makes “Shareholder” Status Under Minn. Stat. § 302A.751 a Merits Issue Subject to Forfeiture (Not a Jurisdictional Standing Bar) 1. Introduction This Minnesota Supreme Court...
Withdrawal as Waiver in Dissolution Appeals: Abandoned Third-Party Property Claims and Untimely Discovery Do Not Become Due Process Violations Introduction Marriage of Ferrazzano (Mont. Sup. Ct. 2026...