Anticipatory (At-Issue) Waiver Requires Affirmative Reliance—Relevance to Bad Faith Is Not Enough I. Introduction In re Prime Holdings Insurance Services, Incorporated; Prime Insurance Company (5th...
Rule 56(a) Requires an Explainable Summary-Judgment Ruling: Fifth Circuit Limited Remand When Coverage Exclusion Decision Lacks Reasoned Analysis 1. Introduction In Frontier Custom Builders,...
Younger Requires Abstention from Dormant Commerce Clause Attacks on Ongoing State Usury Enforcement; Pre-Enforcement Challenges to Non-Self-Executing Subpoenas Are Unripe Absent Present Injury I....
Corrected Allocution Misapprehension and Deferential Review of a Below-Guidelines Child-Exploitation Sentence Introduction In United States v. Tyleeya Williams (3d Cir. Aug. 5, 2026)...
Ambiguous Service on an Unadjudicated Defendant Defeats § 1291 Finality Absent Rule 54(b) and Requires a Limited Remand Introduction In Damond v. Wiley (5th Cir. Aug. 5, 2026) (per curiam)...
Claim-Ownership as a Merits Rule: LLC Members (Even Guarantors) Cannot Sue Personally for Injury to the Debtor’s Assets Introduction In Elshan Bayramov; Babak M. Bayramov v. American Credit...
Claim-Ownership “Standing” Is a Merits Issue: LLC Members (Even Guarantors) Cannot Sue Personally for Injuries to the Debtor’s Business I. Introduction In Elshan Bayramov v. American Credit...
Material Fact Disputes Defeat Interlocutory Qualified-Immunity Review; Deadly Force Against a Visibly Unarmed Suspect Moving Away Is Clearly Established as Unconstitutional I. Introduction In Tippitt...
Rear-End Presumption Rebutted When a Lead Driver Merges into a Safety Cushion and an Immediate Roadway Hazard Leaves No Time to Re-Establish Following Distance (FTCA / Louisiana Law) Case: Spinks v....
Bodin v. New Orleans: Per Se Takings Remain Tethered to the Right to Exclude; § 230 Does Not Preempt STR Transaction-Bans and Nonpublic License-Verification Duties Court: U.S. Court of Appeals for...
Indefinite Unpaid Leave Is Not an Effective ADA Accommodation When Reassignment to a Vacant Position Is Possible Introduction In Ibrahima Dieng v. Orkin, LLC (4th Cir. Aug. 5, 2026), the Fourth...
Ramsey v. San Jacinto College District: ADA Prima Facie Discrimination Requires Only Three Elements; “Fourth-Element” Comparator Proof Is Merely One Way to Show Nexus, and Cat’s-Paw Theory Can Carry...
“Abduction” Enhancement Applies to Forced Movement Within a Single Store When the Victims Are Relocated to a Distinct Area to Facilitate the Robbery Case: United States v. Jamal Gwaltney (Third...
Rooker-Feldman Bars Federal Injunctions Seeking to Vacate State Custody/Support Orders Despite Due-Process Framing Introduction In Eric Weiss v. Deborah Posner (3d Cir. Aug. 5, 2026)...
FMLA Leave Requires Evidence of a “Serious Health Condition,” and Retaliation Claims Require Evidence Linking Termination to Protected Activity Introduction In Davenport v. Zachary Manor Nursing and...
Receipt of Child Pornography Can Proximately Cause Guardians’ Search-and-Relocation Losses When “Inextricably Linked” to the Minor’s Flight Introduction In United States v. Dill (5th Cir. Aug. 5,...
Plausibility Pleading for “Cat’s Paw” and Monell Liability in Public-Employer Race-Termination Claims Introduction In Bryan Wardell v. Pitt County, North Carolina (4th Cir. Aug. 5, 2026)...
Affirmance on Alternative Grounds: Legitimate Penological Safety Reasons Defeat PREA-Based Retaliation and Related Claims at Summary Judgment Introduction Ronald Alonzo v. Joe Terra (3d Cir. Aug. 5,...
Foreclosure Judgments Reversed Where Referee’s Computations Rely on Unidentified, Unproduced Business Records 1. Introduction Bank of N.Y. Mellon v Prestia (2026 NY Slip Op 04735) is a Second...
Actual Knowledge Under GML § 50-e Requires Facts Supporting Municipal Liability—Not Mere Notice of an Accident Case: Matter of Card v Haverstraw-Stony Point Cent. Sch. Dist., 2026 NY Slip Op 04765...