balancing-confrontation-rights-and- Case Commentaries

Unanswered Motions and Unauthorized Amendments: Applying Montana’s Settled Procedural Rules

Date: Oct 29, 2026

Unanswered Motions and Unauthorized Amendments: Applying Montana’s Settled Procedural Rules Case: Norwood v. Bozeman, 2026 MT 258N, No. DA 26-0018 Court: Supreme Court of Montana Decided: October 27,...

Missing Sentencing Records Require Resentencing When No Adequate Alternative Permits Meaningful Appellate Review

Date: Oct 29, 2026

Missing Sentencing Records Require Resentencing When No Adequate Alternative Permits Meaningful Appellate Review State v. Erickson, 2026 MT 253, No. DA 24-0072 Supreme Court of Montana — October 27,...

Preserving Consolidation Objections and Establishing Prior PFMA Convictions: A Nonprecedential Application of Montana Law

Date: Oct 29, 2026

Preserving Consolidation Objections and Establishing Prior PFMA Convictions: A Nonprecedential Application of Montana Law Case: State v. M. Smith, 2026 MT 257N, No. DA 24-0392 Court: Supreme Court of...

Preserving Consolidation Challenges and Establishing Prior PFMA Convictions: Applying Settled Montana Law

Date: Oct 29, 2026

Preserving Consolidation Challenges and Establishing Prior PFMA Convictions: Applying Settled Montana Law Case: State v. M. Smith, 2026 MT 257N, No. DA 24-0392 Court: Supreme Court of Montana...

Hospital Peer Review Qualifies as an Official Proceeding Under Georgia’s Anti-SLAPP Statute

Date: Oct 29, 2026

Hospital Peer Review Qualifies as an Official Proceeding Under Georgia’s Anti-SLAPP Statute Case: EMORY HEALTHCARE, INC. et al v. HARMS, A25A1889. Court and decisions: Court of Appeals of Georgia;...

Georgia Garnishment Proceedings Do Not Permit Attorney-Fee Awards Under OCGA § 9-15-14

Date: Oct 29, 2026

Georgia Garnishment Proceedings Do Not Permit Attorney-Fee Awards Under OCGA § 9-15-14 Case: SMS Financial Recovery Services, LLC v. Silverstone, A26A0482 Court and decision date: Court of Appeals of...

Fact-Based Qualified-Immunity Appeals Provide No Jurisdictional Hook for Pendent Review

Date: Oct 29, 2026

Fact-Based Qualified-Immunity Appeals Provide No Jurisdictional Hook for Pendent Review Case: Merrill v. Seagraves Court: United States Court of Appeals for the Tenth Circuit Date: October 27, 2026...

Sixth Circuit Rejects Standalone Review of Reasonable-Fear Decisions Without a Challenge to a Final Removal Order

Date: Oct 29, 2026

Sixth Circuit Rejects Standalone Review of Reasonable-Fear Decisions Without a Challenge to a Final Removal Order Case: Bayron Jose Castro-Fuentes v. Todd Blanche Court: United States Court of...

Tailored Prefiling Restrictions Can Satisfy Due Process Without an Evidentiary Hearing

Date: Oct 29, 2026

Tailored Prefiling Restrictions Can Satisfy Due Process Without an Evidentiary Hearing Case: Susan Anne Wasserman v. Robert Beggs, No. 25-3793 Court: United States Court of Appeals for the Sixth...

Habeas Pleading Defects: Due Process Does Not Always Require Individualized Notice Before Sua Sponte Dismissal

Date: Oct 28, 2026

Habeas Pleading Defects: Due Process Does Not Always Require Individualized Notice Before Sua Sponte Dismissal Case: Dorian Frank O'Kelley v. Warden, Georgia Diagnostic Prison Court: United States...

Government Appeals of Sentence Reductions and the Limits of Nonretroactive § 924(c) Reform

Date: Oct 28, 2026

Government May Appeal Final Sentence Reductions for Legal Error; Nonretroactive § 924(c) Reform Cannot Establish Compassionate-Release Eligibility Case: United States v. Abel Rizo Court: United...

A Broad Shareholder Forum-Selection Clause Reaches Related Fraud and Financing Claims

Date: Oct 28, 2026

A Broad Shareholder Forum-Selection Clause Reaches Related Fraud and Financing Claims Case: Sir George William Buckley v. Detlef Schneider Court: United States Court of Appeals for the Eleventh...

Unpreserved ACCA Different-Occasions Jury Errors Require a Showing of Prejudice

Date: Oct 28, 2026

Unpreserved ACCA Different-Occasions Jury Errors Require a Showing of Prejudice Case: United States v. Alonzo B. Hill, Jr. Court: United States Court of Appeals for the Eleventh Circuit Date: October...

Firearms-Conspiracy Pleas: Record-Based Rule 11 Review and No Inherent Conflict from a Sentence-Appeal Waiver

Date: Oct 28, 2026

Firearms-Conspiracy Pleas: Record-Based Rule 11 Review and No Inherent Conflict from a Sentence-Appeal Waiver Case: United States v. Maicor Eliud Cepeda-Garcia Court: United States Court of Appeals...

Ambiguous Class Narrowing Does Not End American Pipe Tolling

Date: Oct 28, 2026

Ambiguous Class Narrowing Does Not End American Pipe Tolling Case: Bien v. Union Pacific Court: United States Court of Appeals for the Fifth Circuit Decided: October 26, 2026 Opinion by: Judge Jerry...

National-Origin Discrimination Requires Evidence of Employer Knowledge and a Connection to the Challenged Decision

Date: Oct 28, 2026

National-Origin Discrimination Requires Evidence of Employer Knowledge and a Connection to the Challenged Decision Case: Barberan v. Town of Eastchester, No. 25-894-cv Court: United States Court of...

PDVSA’s CITGO-Backed Bonds: No Article 150 Approval and No Mandatory Act-of-State Protection for Extraterritorial Invalidation

Date: Oct 28, 2026

PDVSA’s CITGO-Backed Bonds: No Article 150 Approval and No Mandatory Act-of-State Protection for Extraterritorial Invalidation Case: Petróleos de Venezuela, S.A. v. MUFG Union Bank, N.A. Court:...

Cancellation-of-Removal Hardship Review: Established Facts, Cumulative Assessment, and Adequate Agency Reasons

Date: Oct 28, 2026

Cancellation-of-Removal Hardship Review: Established Facts, Cumulative Assessment, and Adequate Agency Reasons Case: Cardenas-Gamez v. Blanche Court: United States Court of Appeals for the Tenth...

Merrill v. Seagraves: Disputed Facts Limit Qualified-Immunity Appeals and Cannot Support Pendent Review

Date: Oct 28, 2026

Merrill v. Seagraves: Disputed Facts Limit Qualified-Immunity Appeals and Cannot Support Pendent Review Court: United States Court of Appeals for the Tenth Circuit Date: October 27, 2026 Appeal...

Delayed Prison Dental Care: Pleading Personal Responsibility and Conscious Disregard

Date: Oct 28, 2026

Delayed Prison Dental Care: Pleading Personal Responsibility and Conscious Disregard Case: Minski v. Lewis, No. 25-3216 Court: United States Court of Appeals for the Tenth Circuit Decision date:...