Ultra Vires Limits on the Council on Local Mandates: Judicial Review Permitted and “Nugatory” Declarations Beyond the Mandate Are Invalid Case: Rebecca J. Reed v. Elizabeth M. Muoio (Supreme Court of...
Section 48-188 Treats Filed Workers’ Compensation Awards as District Court Judgments for “All Proceedings,” Including Equitable Vacatur Actions Case: 1 Cono Contracting v. Lopez, 321 Neb. 728 (July...
APA Judicial Review in Nebraska: Statement-of-Errors Rule Inapplicable; Issues Must Be Pleaded in the Petition for Review 1. Introduction In Gay v. Board of Engineers & Architects, 321 Neb. 712 (July...
Repeated Armed Extortion and Threats Without Physical Harm May Not Compel a Finding of “Past Persecution” Under Substantial-Evidence Review 1. Introduction In Carrasco-Aguilar v. Blanche (5th Cir....
State v. Ovalle: “In the Commission of” Felony Murder Turns on the Defendant’s Causative Conduct, Not the Victim’s Post-Felony Acts 1. Introduction In State v. Ovalle (Supreme Court of Georgia, June...
State v. Postell (Ga. June 30, 2026): In Self-Defense Cases, Victim’s Violent Reputation/Opinion and Defendant-Known Specific Violent Acts Are Admissible; Categorical “Character Evidence” Exclusion...
Colorado Single-Subject Rule: Mid-Decade Redistricting Authorization Cannot Be Bundled with Adoption of a Specific Congressional Map Case: Williams v. Nathan (In re Title, Ballot Title, & Submission...
Qualified Immunity in Fourth Amendment Arrest/Force Cases: General Excessive-Force Principles and Unpublished Decisions Do Not “Clearly Establish” Illegality Without Factually Similar, Controlling...
Seventh Amendment Requires a Jury for FDCA/TCA Civil-Penalty Enforcement Against Vape Sellers (Limiting the Public-Rights Exception) Case: Texas Tobacco Barn v. HHS Court: United States Court of...
§ 1782 Protective Orders Must Honor Outside-Counsel-Only Contractual Confidentiality Absent a Definitive Foreign-Law Mandate I. Introduction In Apple Inc. v. Key Patent Innovations (5th Cir. June 30,...
Broad Consequential-Damages Waivers in Texas: Enforceable by Subcontractor Third-Party Beneficiaries and Applicable to Intentional Torts Despite Fraud Allegations I. Introduction In Alta v. General...
Individualized “Terminal Illness” Determinations in Compassionate Release: End-Stage Renal Disease Is Not Per Se Extraordinary and Compelling I. Introduction In United States v. Brad Acy Holley (4th...
“Manager or Supervisor” Under U.S.S.G. § 3B1.1(c) Means Oversight—And Application Note 4 Cannot Supply the Rule Absent Genuine Ambiguity Case: United States v. Timothy Riddy (3d Cir. July 1, 2026)...
No Separate 21 U.S.C. § 851(b) Hearing Required When the Defendant Is Advised and Admits the Prior Conviction at the Plea Proceeding (Anders Affirmance) 1. Introduction United States v. Naajeh Torres...
Section 851(b) Is Satisfied by an On-the-Record Admission at the Plea Hearing; No Separate Sentencing Hearing Is Required Absent a Request (in an Anders Appeal) Case: United States v. Naajeh Torres...
Third Circuit Rule: A Single Illegible Serial Number Triggers § 2K2.1(b)(4)(B)(i) Even If Another Serial Number Is Legible Case: United States v. Noah Craddock (3d Cir. July 1, 2026) Court: U.S....
Whole-Record Review to Sustain a Faretta Waiver When Pro Se Is Sought for Delay or Sandbagging I. Introduction In United States v. Zachary Williams, the Third Circuit confronted a recurring tension...
Intentional Omissions on IRS Forms 433-A/433-B Are Affirmative Acts of Tax Evasion (Third Circuit) 1. Introduction In United States v. Brandon Aumiller (3d Cir. July 1, 2026), the Third Circuit...
Ambiguity Between Guidelines “Departure” and “Variance” Requires Vacatur When It May Have Affected the Sentence 1. Introduction United States v. George Alexander is a Third Circuit sentencing appeal...
Third Circuit Establishes Two Key Rules: (1) Guns-for-Drugs Trades Are Per Se “Possession in Furtherance” Under 18 U.S.C. § 924(c); (2) Taylor’s Traditional Categorical Approach Governs “Felony Drug...