balancing-confrontation-rights-and- Case Commentaries

United States v. Kinrys: Billed Claims May Establish Intended Loss Despite Contracted Reimbursement Rates

Date: Sep 24, 2026

Billed Claims May Establish Intended Loss Despite Contracted Reimbursement Rates United States v. Kinrys · United States Court of Appeals for the First Circuit · September 21, 2026 Introduction...

DiFronzo v. City of Somerville: An Unpleaded Employment Decision Cannot Support Damages Without Amendment or Consent

Date: Sep 24, 2026

An Unpleaded Employment Decision Cannot Support Damages Without Amendment or Consent DiFronzo v. City of Somerville — United States Court of Appeals for the First Circuit, September 21, 2026...

Tennessee Building Burglary Qualifies Under the ACCA: United States v. Markel Strong

Date: Sep 24, 2026

Tennessee Building Burglary Qualifies Under the ACCA: United States v. Markel Strong Introduction In United States v. Markel Strong, decided September 22, 2026, the Sixth Circuit considered whether a...

United States v. Kinrys: Billed Charges May Establish Intended Loss Despite Contracted Insurance Rates

Date: Sep 24, 2026

Billed Charges May Establish Intended Loss Despite Contracted Insurance Rates: United States v. Kinrys Introduction In United States v. Kinrys, decided September 21, 2026, the First Circuit...

United States v. McCabe: Connected Offenses May Be Tried Together Despite Their Different Subject Matter

Date: Sep 24, 2026

Connected Offenses May Be Tried Together Despite Their Different Subject Matter United States v. Dustin Sean McCabe — U.S. Court of Appeals for the Eleventh Circuit, September 22, 2026 (unpublished)...

Cancellation of Removal: Factual Hardship Findings Are Unreviewable, but the Legal Hardship Standard Remains Reviewable

Date: Sep 24, 2026

Cancellation of Removal: Factual Hardship Findings Are Unreviewable, but the Legal Hardship Standard Remains Reviewable Patience Fofo Allotey v. Todd Blanche | U.S. Court of Appeals for the Sixth...

Documented Safe Internal Relocation Supports Denial of Asylum and Withholding and Informs CAT Risk

Date: Sep 24, 2026

Documented Safe Internal Relocation Supports Denial of Asylum and Withholding and Informs CAT Risk Calderon-Paez v. Blanche — United States Court of Appeals for the Tenth Circuit, September 21, 2026...

Unauthorized Taking Can Support a Stolen-Firearm Enhancement in a Felon-in-Possession Case

Date: Sep 24, 2026

Unauthorized Taking Can Support a Stolen-Firearm Enhancement in a Felon-in-Possession Case Introduction In United States v. Charles Perdue, II, the Seventh Circuit considered whether any nonfrivolous...

Adverse Credibility and Exhaustion of Independent Torture-Protection Claims

Date: Sep 24, 2026

Adverse Credibility and Exhaustion of Independent Torture-Protection Claims Henry Alejandro Salazar Delgado v. U.S. Attorney General, No. 25-12847 (11th Cir. Sept. 21, 2026) (not for publication)....

Marketwide Price Increases Can Plausibly Plead a Sherman Act Claim Without Pricing Methodology

Date: Sep 24, 2026

Marketwide Price Increases Can Plausibly Plead a Sherman Act Claim Without Pricing Methodology Case: OJ Commerce, LLC v. National Christmas Products, LLC | Court: U.S. Court of Appeals for the...

Threat-Sentencing Enhancement May Rest on Preparatory Conduct Even When Arrest Prevents the Threat

Date: Sep 24, 2026

Preparatory Conduct Can Support a Threat-Sentencing Enhancement Even When Arrest Prevents the Threat Introduction In United States v. Kyle S. Hinderer (Eleventh Circuit, September 22, 2026), Kyle...

Indiana Good-Time Credit Cannot Be Transferred from a Completed Sentence to a Consecutive Sentence

Date: Sep 24, 2026

Indiana Good-Time Credit Cannot Be Transferred from a Completed Sentence to a Consecutive Sentence Case: Aaron Isby v. Delana Gardner Court: United States Court of Appeals for the Seventh Circuit...

Occasional On-Call Availability Can Be an Essential Job Function Under the Rehabilitation Act

Date: Sep 24, 2026

Occasional On-Call Availability Can Be an Essential Job Function Under the Rehabilitation Act Case: Alexia Knox v. Wisconsin Department of Transportation Court: United States Court of Appeals for the...

Concurrent Dog Sniffs Do Not Unlawfully Prolong Diligently Pursued Traffic Stops, and Valid Appeal Waivers Bar Sentencing Review

Date: Sep 24, 2026

Concurrent Dog Sniffs Do Not Unlawfully Prolong Diligently Pursued Traffic Stops, and Valid Appeal Waivers Bar Sentencing Review Case: United States v. Lamone Lauderdale Court: United States Court of...

A Within-Guidelines Sentence May Stand Despite a Challenge to the Computer-Use Enhancement

Date: Sep 23, 2026

A Within-Guidelines Sentence May Stand Despite a Challenge to the Computer-Use Enhancement United States v. Brett Reichold — U.S. Court of Appeals for the Eleventh Circuit, September 22, 2026...

“Charging” an Unreasonable Fee Under SCR 20:1.5(a) Requires Proof of a Client-Facing Demand Beyond a Flat-Fee Agreement

Date: Sep 23, 2026

“Charging” an Unreasonable Fee Under SCR 20:1.5(a) Requires Proof of a Client-Facing Demand Beyond a Flat-Fee Agreement 1. Introduction Office of Lawyer Regulation v. Patrick J. Rupich (2026 WI 32)...

Accountings to OLR Are Not “Charging” an Unreasonable Fee Without Proof of Client Billing Under a Flat-Fee Agreement

Date: Sep 23, 2026

Accountings to OLR Are Not “Charging” an Unreasonable Fee Without Proof of Client Billing Under a Flat-Fee Agreement Case: Office of Lawyer Regulation v. Patrick J. Rupich, 2026 WI 32 (Wis. Sept. 18,...

Ohio Municipal Initiative Limits: Ordinances Creating New Private Rights of Action May Be Kept Off the Ballot

Date: Sep 23, 2026

Ohio Municipal Initiative Limits: Ordinances Creating New Private Rights of Action May Be Kept Off the Ballot I. Introduction In State ex rel. Kidd v. Clinton Cty. Bd. of Elections, Slip Opinion No....

Specificity Requirement for Resignation Pending Disciplinary Proceedings Under RGDP Rule 8

Date: Sep 23, 2026

Specificity Requirement for Resignation Pending Disciplinary Proceedings Under RGDP Rule 8 1. Introduction In STATE OF OKLAHOMA ex rel., OKLAHOMA BAR ASSOCIATION v. W.E. PAT PATE (2026 OK 65), the...

Post-Expiration Conduct Cannot Support Supervised-Release Revocation After Rico (No Absconder Tolling)

Date: Sep 23, 2026

Post-Expiration Conduct Cannot Support Supervised-Release Revocation After Rico (No Absconder Tolling) Introduction In United States v. Hassan-Nur Mohamed (6th Cir. Sept. 18, 2026), the Sixth Circuit...