balancing-confrontation-rights-and- Case Commentaries

Regulatory-Compliance Clauses Do Not Extinguish “Just Cause”: Third Circuit Reaffirms Extreme Deference to Labor Arbitrators and Bars Judicial Factfinding

Date: Jul 18, 2026

Regulatory-Compliance Clauses Do Not Extinguish “Just Cause”: Third Circuit Reaffirms Extreme Deference to Labor Arbitrators and Bars Judicial Factfinding 1. Introduction In McGuire Memorial v....

Ambiguous Sentencing Rationale Requires Limited Remand for Clarification of “Association with Convicted Felons”

Date: Jul 18, 2026

Ambiguous Sentencing Rationale Requires Limited Remand for Clarification of “Association with Convicted Felons” Case: United States v. Figueroa-Roman (No. 20-1170) Court: Court of Appeals for the...

Life-Threatening Medical Risk as “Extraordinary Circumstances” Warranting Mapp Bail for ICE Detainees Pending Habeas Appeal

Date: Jul 18, 2026

Life-Threatening Medical Risk as “Extraordinary Circumstances” Warranting Mapp Bail for ICE Detainees Pending Habeas Appeal 1. Introduction In Fulton v. Mullin (2d Cir. July 13, 2026), the Second...

Waiver of Appellate Review Without an Offer of Proof After a Motion in Limine Excludes Undisclosed Damages Evidence

Date: Jul 18, 2026

Waiver of Appellate Review Without an Offer of Proof After a Motion in Limine Excludes Undisclosed Damages Evidence Introduction In William Gordon Lacher v. Terry Case; Case Concrete, LLC; and Case...

Parsons v. Valdez: Qualified Immunity Turns on Arguable Probable Cause and Non‑Material Warrant-Affidavit Omissions

Date: Jul 18, 2026

Parsons v. Valdez: Qualified Immunity Turns on Arguable Probable Cause and Non‑Material Warrant-Affidavit Omissions 1. Introduction Parsons v. Valdez (5th Cir. July 14, 2026) arises from an unusual...

AEDPA Deference Upholding a Mirandized ICU Confession: No “Fruit,” No Seibert Two-Step, and Implied Waiver After Hospitalization

Date: Jul 18, 2026

AEDPA Deference Upholding a Mirandized ICU Confession: No “Fruit,” No Seibert Two-Step, and Implied Waiver After Hospitalization 1. Introduction Case: Keller v. Cain, No. 25-70002 (5th Cir. July 14,...

ERISA Fiduciary-Misrepresentation Standing: “Mistaken Understanding” Alone Is Not an Article III Injury; Plaintiffs Must Prove Concrete Downstream Harm and Traceability

Date: Jul 18, 2026

ERISA Fiduciary-Misrepresentation Standing: “Mistaken Understanding” Alone Is Not an Article III Injury; Plaintiffs Must Prove Concrete Downstream Harm and Traceability 1. Introduction Guenther v. BP...

9 U.S.C. § 207’s Three-Year Deadline Is Mandatory, Not “Permissive” — and Foreign Judgment Recognition Remains an Alternative Route

Date: Jul 18, 2026

9 U.S.C. § 207’s Three-Year Deadline Is Mandatory, Not “Permissive” — and Foreign Judgment Recognition Remains an Alternative Route 1. Introduction This published decision from the United States...

Sentencing Explanation Sufficiency: Upward Variance Affirmed for “Underrepresented” Criminal History Despite Mitigation Evidence

Date: Jul 18, 2026

Sentencing Explanation Sufficiency: Upward Variance Affirmed for “Underrepresented” Criminal History Despite Mitigation Evidence Introduction In United States v. William Malone (4th Cir. July 15,...

Divisibility of N.J. Stat. Ann. § 2C:35-5 by Drug Type and the Noncitizen’s Burden When the Conviction Record Is Inconclusive

Date: Jul 18, 2026

Divisibility of N.J. Stat. Ann. § 2C:35-5 by Drug Type and the Noncitizen’s Burden When the Conviction Record Is Inconclusive 1. Introduction In Faheem Tariq v. Attorney General United States of...

McCray v. Collins: Firm Waiver, Discrete-Act Exhaustion, and Decisionmaker-Knowledge as Gatekeepers for Title VII Disparate-Treatment and Retaliation Claims

Date: Jul 18, 2026

McCray v. Collins: Firm Waiver, Discrete-Act Exhaustion, and Decisionmaker-Knowledge as Gatekeepers for Title VII Disparate-Treatment and Retaliation Claims I. Introduction In McCray v. Collins (10th...

Rule 804(b)(3) in Rhode Island: Self-Defense Framing Does Not Bar “Statement Against Interest” Admissibility When Reliability and Corroboration Support Trustworthiness

Date: Jul 18, 2026

Rule 804(b)(3) in Rhode Island: Self-Defense Framing Does Not Bar “Statement Against Interest” Admissibility When Reliability and Corroboration Support Trustworthiness 1. Introduction Terrel Barros...

AEDPA Deference to State Remmer/Fidler Findings: No Per Se Prejudice from Juror’s Post-Trial Claim of Social-Media/Courthouse-Pressure

Date: Jul 18, 2026

AEDPA Deference to State Remmer/Fidler Findings: No Per Se Prejudice from Juror’s Post-Trial Claim of Social-Media/Courthouse-Pressure 1. Introduction Adames-Garcia v. Divris (1st Cir. July 14, 2026)...

Fake-Identity Bank Accounts Constitute Bank Fraud Against the Bank; Deferred Restitution Survives a Pending Appeal

Date: Jul 18, 2026

Fake-Identity Bank Accounts Constitute Bank Fraud Against the Bank; Deferred Restitution Survives a Pending Appeal Case: United States v. Omoruyi (1st Cir. July 15, 2026) Panel: Gelpí, Thompson, and...

BlueCard Market Exploitation Creates New York Specific Jurisdiction and Supports Ratification-Based Liability for Non-Contracting Blue Cross Licensees

Date: Jul 18, 2026

BlueCard Market Exploitation Creates New York Specific Jurisdiction and Supports Ratification-Based Liability for Non-Contracting Blue Cross Licensees I. Introduction Northwell Health, Inc. v. Group...

Rule 702 Limits on “Gatekeeping”: Courts May Not Exclude Generally Accepted Epidemiologic Reasoning as “Unreliable” Because They Disagree with the Conclusion

Date: Jul 18, 2026

Rule 702 Limits on “Gatekeeping”: Courts May Not Exclude Generally Accepted Epidemiologic Reasoning as “Unreliable” Because They Disagree with the Conclusion Case: Rutledge v. Walgreen Co.; Phippen...

“Development of Housing” Does Not Include Adjacent Public Road Improvements Under Oregon’s Clear-and-Objective Standards Rule (Roberts v. City of Cannon Beach)

Date: Jul 18, 2026

“Development of Housing” Does Not Include Adjacent Public Road Improvements Under Oregon’s Clear-and-Objective Standards Rule Case: Roberts v. City of Cannon Beach, 375 Or 396 (Or. 2026) Court:...

Rule 41(a)(1)(A)(ii) Stipulation Automatically Ends a Desegregation Case and Strips District-Court Jurisdiction Absent Enumerated Exceptions

Date: Jul 18, 2026

Rule 41(a)(1)(A)(ii) Stipulation Automatically Ends a Desegregation Case and Strips District-Court Jurisdiction Absent Enumerated Exceptions Case: In re: School Board of Concordia Parish...

Rehabilitation Act Does Not Shield Disability-Related Harassment from University Discipline (and Federal-Funding Must Be Pleaded to Overcome Sovereign Immunity)

Date: Jul 18, 2026

Rehabilitation Act Does Not Shield Disability-Related Harassment from University Discipline (and Federal-Funding Must Be Pleaded to Overcome Sovereign Immunity) 1. Introduction In Brantley v....

United States v. Allred — Fifth Circuit Validates § 922(g)(9) Under Bruen/Rahimi Using a Categorical “Domestic-Violence Misdemeanants Are Dangerous” Analogy

Date: Jul 18, 2026

Conviction-Based Disarmament After Bruen: The Fifth Circuit Upholds 18 U.S.C. § 922(g)(9) (Domestic-Violence Misdemeanants) as Historically Analogous to Surety and “Going Armed” Laws I. Introduction...