Separate-Contract Endorsements Bar Convention Arbitration Against Domestic Insurers, but Related Domestic Litigation May Be Stayed Pending Foreign-Insurer Arbitration Case: Transportation...
Conflict Waivers in Retainer Agreements Require Fact-Proven “Informed Consent” to Bar Malpractice Claims (and Substantial-Factor Causation Can Reach Divorce-Related Financial Harm) Case: Lisa Grattan...
Broad “In Furtherance” Standard for Co‑Conspirator Statements and Permissible Conditional Admission Under Rule 801(d)(2)(E) 1. Introduction In United States v. Emerson Pavilus (3d Cir. Sept. 3, 2026)...
“Gainful Occupation” Is Unambiguous in “Total Disability” Clauses That Bar Any Other Work, Confirming a General (Not Occupational) Disability Standard 1) Introduction In Brian Caraba, D.D.S. v. Paul...
Upward Variance Above a Mandatory Minimum Is Substantively Reasonable When Anchored in § 3553(a) Risk, Treatment Noncompliance, and Case-Specific Destruction I. Introduction In United States v. Gomez...
Interboro Protection Extends to Honest, Reasonable CBA-Based Complaints About “Side Deals,” and Remedy-Scaling Must Wait for NLRB Compliance Proceedings Case: NLRB v. VNS Fed. Servs., LLC (6th Cir....
ERISA LTD Benefits May Be Terminated for Failure to Provide Requested Financial Proof Under a Discretionary Plan Case: Judson Pankey v. Aetna Life Insurance Company (11th Cir. Sept. 3, 2026) (per...
Appointments-Clause Remedies Are Limited to Actions Taken Under Unconstitutionally Delegated “Veto” Authority (Magnuson-Stevens Councils) I. Introduction Case: Dominick Russo v. Secretary, U.S....
Rule 39(b) “Strong and Compelling Reasons” Standard: Eleventh-Hour Conversion of a Scheduled Jury Trial to a Bench Trial Is an Abuse of Discretion When the Parties Had Clear Notice of a Jury Request...
Rule 41(b) Dismissals for Violating Filing Injunctions Must Be Without Prejudice When Defendants Are Unserved 1. Introduction In Waseem Daker v. Gregory Dozier (11th Cir. Sept. 3, 2026)...
Non-Medical Prison Officials Are Not Deliberately Indifferent Absent Notice of Medical Mistreatment; Counsel Illness Can Supply Rule 16 Good Cause Introduction In Stanley Boclair v. Anthony Wills, et...
Indefinite Remote Work Is Not a Reasonable ADA Accommodation When It Eliminates an Essential In-Person Student-Supervision Function Case: Nilsa Agrait v. Hillsborough County Public Schools (11th Cir....
Channeling Coast Guard S&R Challenges to the NTSB Review Scheme While Treating Raise-of-Grade Denials as Independently Reviewable Final Agency Action 1. Introduction Mullen v. Mullin (5th Cir. Sept....
Objective-Reasonableness Review for Civil Detainee Diet Claims and Qualified Immunity Where Kosher-Diet Sincerity Is Unclear 1. Introduction In Logan Dyjak v. Melanie Kluzek, et al. (7th Cir. Sept....
Hollers v. Baker: Sua Sponte Immunity and Younger Abstention at § 1915 Screening in Pro Se § 1983 Actions 1. Introduction In Hollers v. Baker (10th Cir. Sept. 3, 2026) (nonprecedential order and...
Fourth Circuit: A Trial Court Abuses Its Discretion by Striking a Defendant’s Entire Closing Argument, Thereby Effectively Denying the Constitutional Right to Summation 1. Introduction United States...
Defective Service Under Pa. R. Civ. P. 400.1(a) Excuses Unserved Defendants from Removal Unanimity; Judicial Immunity Bars § 1983 Attacks on State-Court Trial Rulings 1. Introduction David Hatchigian...
Preliminary Injunctions in Constitutional Challenges: Preserving the Status Quo to Keep Cases Alive I. Introduction Americans for Prosperity Foundation v. Anthony Albence (3d Cir. Aug. 31, 2026)...
Section 3 Malfunction Theory Limited to Lost/Destroyed Products: No Inference of Defect When the Product Remains Available for Inspection Case: Millentine Coates v. Ford Motor Company (3d Cir. Aug....
Historically Rooted Medical-Licensing Laws for Telemedicine Speech Survive Heightened First Amendment Review I. Introduction In Shannon MacDonald v. President NJ State Board of Medical Examiners (3d...