Firm Waiver Rule Bars a COA When a § 2254 Petitioner Fails to Timely Object to a Magistrate Judge’s R&R Introduction In Walker v. Masquelier (10th Cir. Sept. 10, 2026), petitioner Walter Edward...
General Credibility Finding Can Sustain § 3C1.1 Perjury Enhancement; No Minor-Role Reduction Where Relevant Conduct Equals Defendant’s Own Money-Laundering Activity I. Introduction In United States...
Pennsylvania Abolishes “Non-Negligent Happenstance” Nunc Pro Tunc Extensions Absent Statutory Authorization (Section 7342(b) Common-Law Arbitration) 1. Introduction In Patrick J. Carr, Patrick K....
Elections Clause “Clear Authorization” Rule: USPS Cannot Regulate Federal Ballot-Mail Procedures Absent Specific Congressional Delegation Case: League of Women Voters of Massachusetts v. State of...
Internet Use Alone Satisfies the “Facility of Interstate Commerce” Element in §§ 2422(b) and 2252A(a)(2) Attempts (and Harmless-Error Treatment of a Fictitious-Minor Computer-Use Guideline Issue)...
Strict Local Rule 56.1 Compliance and Comparator Proof Requirements in Title VII Summary Judgment (Seventh Circuit) 1. Introduction In Yousef A. Ismail v. David Steiner, Postmaster General, the...
Federal Illegality Bars Enforcement of State-Legal Marijuana Supply Contracts in Federal Court (RFA and Rescheduling Do Not Cure) Case: Hello Farms Licensing MI, LLC v. GR Vending MI, LLC (with CURA...
Due Diligence for CPL 245 Certificates of Compliance Despite Belated Body-Worn Camera Disclosure in a Complex Conspiracy Prosecution 1. Introduction People v Stanley (2026 NY Slip Op 05244 [3d Dept...
Elections Clause “Clear Authorization” Rule for USPS Ballot-Mail Regulations (and Post-Hippocratic Organizational Standing for Voter-Education Groups) Case: League of Women Voters of Massachusetts v....
Elections Clause Limits on USPS Ballot-Mail Rules Absent Clear Congressional Authorization (and Organizational Standing for Voting-Education Disruption) 1. Introduction This First Circuit emergency...
Elections Clause Limits on Executive-Agency “Ballot Mail” Rules Absent Clear Congressional Authorization 1. Introduction This First Circuit emergency order arises from consolidated challenges brought...
Mixed-Motive Title VII Claims Require Evidence of a Motivating Factor; Independent Investigations Break “Cat’s Paw” Causation 1. Introduction In Amanda Fennel v. Elmore County Board of Education...
Non-Signatories May Be Enjoined for Aiding a Non-Compete Breach; Record-Based Territory and Customer/Workforce Loss Support Irreparable Harm I. Introduction Puris, LLC. v. CMG Pipelines, Inc. (11th...
Federal Rule 8 Governs Pleading of Underlying Tort for Georgia Negligent-Retention Claims in Federal Court 1. Introduction In Syurii-Kiaira Smith v. Birge & Held Property Management, LLC, the...
Law-of-the-Case Bars Renewed Rule 404(b) Admissibility Challenges on Retrial; “Same Sentence Anyway” Renders Guidelines Disputes Non-Dispositive if Substantively Reasonable Case: United States v....
Promptly Corrected “Verdict Must Be Guilty” Misstatement Is Not Structural Error; Gang-Affiliation Spillover and Joint-Trial Severance Require Specific Objections and Compelling Prejudice Case:...
Eleventh Circuit Reaffirms § 922(g)(1)’s Constitutionality Post-Bruen/Rahimi and Upholds an Above-Guidelines Sentence Based on Deterrence and Public Protection I. Introduction In United States v....
District Courts May Deny Amendment 821 § 3582(c)(2) Reductions Based on § 3553(a) Assessment of Evasive/Jettison Conduct Even Without a § 3C1.1 Obstruction Enhancement 1. Introduction In United...
Georgia Choice-of-Law + AAA Rules Does Not Displace FAA Review Absent an Explicit Opt-Out (and Silence at Arbitration Can Waive the Objection) 1. Introduction Univabs Solutions Private Limited (an...
Tenth Circuit Tightens Pleading and Causation Requirements for § 1983 Malicious Prosecution Based on Affidavit Defects and Requires Post-Disposition Reassessment of Supplemental Jurisdiction 1....