FAA § 1 “Transportation Worker” Exemption Requires a Properly Defined Class Based on Typical Work of the Class as a Whole (Not the Named Plaintiffs) I. Introduction In Joyner v. Frontier Airlines...
Appellate Forfeiture in Public-Meeting Speech Cases: Failure to Preserve and Challenge Independent Grounds Requires Affirmance I. Introduction Case: Spiehs v. Larsen, No. 25-3061 (10th Cir. Sept. 1,...
Post-Hohn Rule: No Presumed Prejudice for Government Intrusions into Attorney–Client Communications in § 2255 1. Introduction In United States v. Gaines (10th Cir. Sept. 1, 2026), Desmond S. Gaines...
Probable Cause to Arrest for Failure to Present Proof of Insurance When Facts Indicate No Proof Exists (Colo. Rev. Stat. § 42-4-1409(3)(a)) Nonprecedential posture: The Tenth Circuit issued this...
Post–Loper Bright Seventh Circuit Rule: Independent Construction of § 1227(a)(2)(E)(i) and a “Unitary” Generic Crime of Child Abuse Requiring (At Least) Criminal Negligence I. Introduction In Maria...
Rule 35(b) Substantial-Assistance Reductions Keep § 3582(c)(2) Eligibility in Play and Trigger § 1B1.10(c)’s Mandatory-Minimum Disregard When a Retroactive Amendment Lowers the Range I. Introduction...
Rule 35(b) Substantial-Assistance Reductions Do Not Break the “Based On Guidelines” Link, and § 1B1.10(c) Removes Mandatory Minimums from the Retroactive-Amendment Recalculation Case: United States...
Due Process Timing for Challenging a Temporary Guardian’s Out-of-State Placement (Review Satisfied by a Full Contested Hearing Before Temporary Order Expiration) 1. Introduction Matter of K.D.G....
State v. J.A. Miller: Uniformed Officer Spectators Are Not Inherently Prejudicial; Unrequested Jury Polling Is Unpreserved; Graphic Photo Error May Be Harmless Under Cumulative Evidence 1....
Title VII Protects Individually Discerned “Body-as-a-Temple” Vaccine Objections; Mixed Motives and “Personal Decision” Language Do Not Defeat a Prima Facie Case at Summary Judgment Case: Delsonya...
Fourth Circuit Reaffirms: No Fourth Amendment Privacy in a Stolen Vehicle Absent Innocent Acquisition; Broad Appeal Waivers Enforced While Preserved Suppression Issues Remain Reviewable 1....
Observable DUI Indicators Justify Extending a Traffic Stop for Field Sobriety Testing; A 62‑Day Continuance and a Sub‑Year Time-to-Trial Are Not “Presumptively Prejudicial” 1. Introduction United...
Federal Witness-Retaliation Conspiracy Under 18 U.S.C. § 1513(b) Is Categorically a CIMT; CIMT Ground Not Vague as Applied Case: Dziedziach v. Blanche (2d Cir. Aug. 31, 2026) Holding (core):...
Keller Germaneness Controls Integrated Bars; Janus Does Not Impose Opt-In or “Exacting Germaneness,” and After-the-Fact Refunds Can Suffice 1. Introduction Pomeroy v. Utah State Bar (10th Cir. Aug....
PFAS Disclaimers Cannot Defeat Federal-Officer Removal When the Gravamen Is Riverwide Contamination and a Contractor Plausibly Links AFFF to the Harm Case: The Town of Pine Hill, Alabama v. 3M...
Second Circuit: NFA Registration and (Former) $200 Tax Do Not “Meaningfully Constrain” Second Amendment Rights Under Bruen Step One United States v. DeFelice (2d Cir. Sept. 2, 2026) I. Introduction...
United States v. Yasinov: When Omitted § 111(b) Elements in a General Verdict Form Do Not Require Reversal, and When Multiple § 111(b) Counts Are Not Multiplicitous 1. Introduction In United States...
Verified Complaints and “Extreme” Verbal Harassment: Evidence, Local-Rule Compliance, and the Eighth Amendment at Summary Judgment 1. Introduction In James Kruger v. Tristan Retzlaff (7th Cir. Sept....
Bankruptcy Dispositive Orders Must Disclose the Applicable Standard and Reasoning: Vacatur Where Conversion and Grounds Are Unclear 1. Introduction In Instituto Medico del Norte, Inc. v. Greengift...
Hallucinations Alone Do Not Trigger a Sua Sponte Competency Hearing; Employment Conditions with Built-In Alternatives Survive Plain-Error Review 1. Introduction In United States v. Matthew Frazier...