AAA-Rule Incorporation Does Not “Clearly and Unmistakably” Delegate Arbitrability When the Contract Adopts South Carolina Arbitration Procedure; Arbitration Clauses that Functionally Shorten...
Protection of Persons and Property Act: Derivative Civil Immunity for Employers/Business Owners When an Employee’s Use of Deadly Force Is Adjudged Justified Case: Antoinet Moore v. Green's Grocery...
Post-Judgment Pleading Lock-In: Rule 59(e) Is Not a Do-Over, and Rule 15 Amendment Requires First Reopening the Judgment 1. Introduction In Jimmy Bryson; LaTonya Bryson v. Specialized Loan Servicing,...
Strickland Prejudice for Batson-Related Ineffective Assistance Should Not Require Proof of a Different Trial Verdict Introduction Clark v. Mississippi (No. 25-6846) reached the U.S. Supreme Court on...
Section 115 “True Threats” After Counterman: Specific Intent to Intimidate or Retaliate Satisfies the Constitution; “Consciously Disregarded a Substantial Risk” Instruction Not Plain Error I....
Title VII: No Pretext Where Employer’s Conduct-Based Rationale Is Consistent; Retaliation Claim Barred Absent a Proper EEOC Charge I. Introduction In Renete Barnett-Morgan v. Inverness Techs., Inc....
Corroborated Testimony and Digital/Forensic Evidence Suffice to Prove § 841 “Distribution Resulting in Death” I. Introduction In United States v. Melvin Lamar Triplett (6th Cir. June 8, 2026)...
Extending the Heckler’s Veto Doctrine to School-Board Limited Public Forums I. Introduction Darbi Boddy v. Mary Grech (Sixth Cir. June 10, 2026) arises from a public-comment period at a Xenia...
Rule 9(b) Pleading Defects Establish Fraudulent Joinder, and Ohio’s Uniform Fiduciary Act Shields Banks Absent “Actual Knowledge” or “Bad Faith” Case: Vivy Voutsiotis v. PNC Bank, NA (6th Cir. June...
Dodaj v. Blanche (6th Cir. 2026): No Duty for the BIA to Revisit Unappealed Removability, and No Judicial Review of Pure Discretionary Reweighing in Cancellation Introduction In Leke Dodaj v. Todd W....
Federally Qualified Health Centers Are “Organized Exclusively for Hospital Purposes” Under the Charitable Immunity Act and Are Limited to the $250,000 Cap Case: Cassandra Gigi Smith v. Newark...
State-of-Mind Hearsay Limits: Rule 803(3) Cannot Admit the Cause of a Victim’s Distress; Untimely Hearsay Objections Waive Appellate Review Case: State of West Virginia v. Randy C. Cain (Supreme...
Service Evasion Justifies Rule 4(m) Extension; Standing/Limitations Arguments Barred by Forfeiture and Preclusion in Texas Home-Equity Foreclosure Introduction In Wilmington Savings Fund Society, FSB...
Virginia Respondeat Superior at the Pleading Stage: The Morgan/Parker Presumption Must Be Applied Unless the Complaint Clearly Self-Refutes Case: Ian Auckland v. Gilead Sciences, Inc. (No. 25-1933) |...
Powder-and-Circumstances Suffice for 18 U.S.C. § 1038(a)(1) Hoax “Chemical” Threats Without Explicit Chemical Language; Chain-of-Custody Gaps Do Not Bar Admission Absent Tampering Introduction In...
Limited Remand to Correct Statutory-Maximum Errors Does Not Reopen Restitution or Require a New Resentencing Hearing Under the Mandate Rule Introduction In United States v. John Battle (4th Cir. June...
CFDBPA Limited to Consumer Transactions; Cybersecurity Risk Fear Alone Lacks Article III Standing; Utility Disconnection Process Satisfies Due Process When Meaningful Review Exists Case: Gordon...
Seventh Circuit: § 1325(b)(1)(B) Does Not Bar Paying Chapter 13 Debtors’ Attorneys’ Fees During the Commitment Period, and Administrative Fees Need Not Be Paid via Proof of Claim 1. Introduction In...
Minor Editorial Changes, Verifiable “Anonymous” Submissions, and Non-Retraction Policies Do Not Establish Actual Malice (and Sanctions Require Bad Faith) Introduction Jewel Sanitary Napkins, LLC v....
Res Judicata Bars Federal Vagueness and Related Constitutional Claims After Illinois Zoning Enforcement, Even Where Rooker-Feldman Leaves Room for Some Damages 1. Introduction In Clay Wortham v....