Procedural Sentencing Error After the Acquitted-Conduct Guideline Amendment: Courts Must Address a Defendant’s Nonfrivolous Objection to a § 2D1.1(b)(1) Firearm Enhancement I. Introduction United...
Tax Regulation Challenges Are Unripe Before a Notice of Deficiency: Ripeness, Administrative Review, and Retroactivity Due Process in New York Franchise Tax Apportionment 1. Introduction Matter of...
Stava v. Stava (2026): Collateral Does Not Create Marital Acquisition Under the Source of Funds Rule (and Premarital Equity Must Be Counted as a Separate Contribution) I. Introduction In Stava v....
State v. Evans (321 Neb. 841): Proving Nonenumerated “Deadly Weapon” by Injury Patterns and Treating Generalized “Safety Concerns” as Non-Acts Under § 27-404(2) I. Introduction In State v. Evans, 321...
People v. Dacosta: A Vacated Plea Extinguishes Its Appeal Waiver; Police-Controlled Buys Can Supply Probable Cause Without a Darden Hearing 1. Introduction In People v Dacosta (2026 NY Slip Op 04532...
Strategic Use of Uncharged Molineux Evidence and a Narrow Molineux Instruction Can Defeat Ineffective-Assistance Claims (People v Chauhan) 1. Introduction In People v Chauhan (2026 NY Slip Op 04531...
Contract Clauses that Eliminate All Judicial and Nonjudicial Review Are Void as Against Public Policy 1. Introduction Hochhauser v Urban Off. Architecture, PLLC (2026 NY Slip Op 04491 [2d Dept 2026])...
Suborning Perjury Enhancement Applies When a Defendant Procures False Testimony by Inducing Counsel to Elicit Known Lies Case: United States v. Fullerton (Nos. 24-50800 & 24-50829, consolidated)...
“Young Women in Guatemala” Is Not a Cognizable Particular Social Group Absent Record Evidence of Social Distinction Case: Elodia Jimenez Diaz v. Attorney General United States of America (3d Cir....
Municipal Bid Specifications May Require DOL-Approved Apprenticeships With Graduation-Rate Thresholds for High-Value Public Works Without Preemption 1. Introduction In Matter of Peckham Rd. Corp. v....
Obstruction-of-Justice for “Procuring” Perjury: Coordinating Exonerating Testimony Can Support a §3C1.1 Subornation Enhancement I. Introduction In United States v. Fullerton (5th Cir. July 21, 2026),...
Direct Evidence that Funds Were Not Reinvested Defeats International Promotion Money Laundering Under 18 U.S.C. § 1956(a)(2)(A) Case: United States v. Qinbin Chen (4th Cir. July 21, 2026)...
Dismissal for Lack of Personal Jurisdiction Must Be Without Prejudice (and Merits Should Not Be Reached Absent Jurisdiction) 1. Introduction In John Gordon v. Greg Gordon (3d Cir. July 21, 2026) (not...
Diversity Cured by Dropping a Nondiverse Party; Contractual One-Year Suit Limitation Enforced; § 8371 Bad Faith Requires Clear-and-Convincing Proof 1. Introduction Terrence Colbert v. Allstate...
Third Circuit Requires Causation-Grade Statistical Proof (Not Mere Correlation) to Establish Predominance in Pharmaceutical-Fraud RICO TPP Classes; Confirms Issue-Limiting Authority in Rule 23(f)...
Third Circuit: Ordinary Rule 8 Plausibility Governs Title IX Discipline Claims, and Universities Cannot Evade Title IX by Recasting Sexualized Violence as “Personal Safety” Charges I. Introduction In...
Rule 8(a) Enforced: Overlong, Vague, and Defendant-Unspecific Pleadings May Be Dismissed and Further Amendment Denied 1. Introduction Hoid v. KNOP-2 News is a pro se civil appeal in which Edward Hoid...
Substantial-Evidence Deference in SSA Cases: Generalized, Uncited Appellate Challenges and Post-Decision Evidence Do Not Justify Remand 1. Introduction Tarver v. Bisignano (5th Cir. July 21, 2026) is...
OSHA Lacks § 8(c)(2) Authority to Require Employer Recording of Work-Related Mental Illnesses (Vacatur of 29 C.F.R. § 1904.5(b)(2)(ix)) Case: Exxon Mobil Corp v. OSHCC Court: U.S. Court of Appeals...
Fourth Circuit Requires Proof of a Distinct Reinvestment Agreement for § 1956(h) Promotional Money-Laundering Conspiracy I. Introduction In United States v. Bisheem Jones (4th Cir. July 21, 2026),...