balancing-confrontation-rights-and- Case Commentaries

Federal Officer Removal for PBMs: “Indivisible” Federal–Commercial Opioid Formulary/Rebate Conduct Defeats State Disclaimers

Date: Sep 23, 2026

Federal Officer Removal for PBMs: “Indivisible” Federal–Commercial Opioid Formulary/Rebate Conduct Defeats State Disclaimers 1. Introduction In Commw. of Ky. v. Express Scripts, Inc. (6th Cir. Sept....

Sixth Circuit: Trade-Secret Preliminary Injunctions Require Non-Speculative Irreparable Harm and Narrowly Tailored Forensic Imaging Protocols

Date: Sep 23, 2026

Sixth Circuit: Trade-Secret Preliminary Injunctions Require Non-Speculative Irreparable Harm and Narrowly Tailored Forensic Imaging Protocols Introduction In UEC Holdings, Inc. v. Steven Hatcher (6th...

State Must Make a Clear Record of the Scope of a Plea-Bargained “Waiver of Appeal” or the Waiver Will Not Be Enforced

Date: Sep 23, 2026

State Must Make a Clear Record of the Scope of a Plea-Bargained “Waiver of Appeal” or the Waiver Will Not Be Enforced I. Introduction In State v. Delgado, 322 Neb. 364 (2026), the Nebraska Supreme...

State v. McCree (322 Neb. 326): § 28-105.02 Mitigation—The Juvenile Defendant Must Submit a Mental-Health Evaluation; the Sentencing Court Need Not Obtain One Sua Sponte

Date: Sep 23, 2026

State v. McCree (322 Neb. 326): § 28-105.02 Mitigation—The Juvenile Defendant Must Submit a Mental-Health Evaluation; the Sentencing Court Need Not Obtain One Sua Sponte 1. Introduction In State v....

MVRA Restitution Collection Is Capped by a Fixed Payment Schedule Unless the Judgment Makes Restitution “Due Immediately” (or the Defendant Defaults)

Date: Sep 23, 2026

MVRA Restitution Collection Is Capped by a Fixed Payment Schedule Unless the Judgment Makes Restitution “Due Immediately” (or the Defendant Defaults) I. Introduction In Re: IIG Structured Trade Fin....

Parallel Conduct Is Not Enough to Plead a Federal Civil-Rights Conspiracy; State-Law Claims Must Be Dismissed Without Prejudice When Supplemental Jurisdiction Is Declined

Date: Sep 23, 2026

Parallel Conduct Is Not Enough to Plead a Federal Civil-Rights Conspiracy; State-Law Claims Must Be Dismissed Without Prejudice When Supplemental Jurisdiction Is Declined 1. Introduction In Carolyn...

Hawaiʻi Adopts Restatement (Third) Toxic-Tort Causation Framework: Exposure, General Causation, and Specific Causation

Date: Sep 22, 2026

Hawaiʻi Adopts Restatement (Third) Toxic-Tort Causation Framework: Exposure, General Causation, and Specific Causation I. Introduction Patrickson v. DOW Chemical Company and Del Monte Fresh Produce...

Raspberry Pi “Scanning Receiver” as U.S.S.G. § 2B1.1(b)(11)(A)(i) Device-Making Equipment; PSI Notice Satisfied by Application Note 10(A) Cross-References

Date: Sep 22, 2026

Raspberry Pi “Scanning Receiver” as U.S.S.G. § 2B1.1(b)(11)(A)(i) Device-Making Equipment; PSI Notice Satisfied by Application Note 10(A) Cross-References 1. Introduction United States v. Karol...

Pedagogical “Approach” Is an Unprotectable Idea: Thin Copyright in Educational Course Materials and Early Dismissal Absent Substantial Similarity in Protectable Expression

Date: Sep 22, 2026

Pedagogical “Approach” Is an Unprotectable Idea: Thin Copyright in Educational Course Materials and Early Dismissal Absent Substantial Similarity in Protectable Expression Nonprecedential posture....

Refusal to Engage in Settlement Discussions of Pending Discrimination Claims Can Constitute Protected “Opposition” Activity

Date: Sep 22, 2026

Refusal to Engage in Settlement Discussions of Pending Discrimination Claims Can Constitute Protected “Opposition” Activity 1. Introduction Newton v. LVMH Moët Hennessy Louis Vuitton Inc. (2d Cir....

No “Newly Discovered Evidence” from Post-Trial Guilty Pleas; No Purnell Conflict Colloquy Absent an Actual Conflict (Del. Supr. Sept. 21, 2026)

Date: Sep 22, 2026

No “Newly Discovered Evidence” from Post-Trial Guilty Pleas; No Purnell Conflict Colloquy Absent an Actual Conflict (Del. Supr. Sept. 21, 2026) 1. Introduction In Brian Wilson aka Fudayl Wakim v....

Permanent Absentee Voting Upheld: Automatic Ballot Mailing Does Not Expand Article V, § 4A Categories in a Facial Challenge

Date: Sep 22, 2026

Permanent Absentee Voting Upheld: Automatic Ballot Mailing Does Not Expand Article V, § 4A Categories in a Facial Challenge I. Introduction In Gerald W. Hocker and Steven Washington v. The Honorable...

Plain-Error Limits: Unpreserved Confrontation and Sufficiency Claims Fail Absent a “Clear Legal Norm”

Date: Sep 22, 2026

Plain-Error Limits: Unpreserved Confrontation and Sufficiency Claims Fail Absent a “Clear Legal Norm” 1. Introduction United States v. Bolaji Bolarinwa (3d Cir. Sept. 18, 2026) concerns convictions...

Oral Pronouncement by Adoption: Discretionary Supervised-Release Conditions May Be Upheld Without an Express On-the-Record Confirmation of Defendant’s Review When the Record Reasonably Shows Notice and Understanding

Date: Sep 22, 2026

Oral Pronouncement by Adoption: Discretionary Supervised-Release Conditions May Be Upheld Without an Express On-the-Record Confirmation of Defendant’s Review When the Record Reasonably Shows Notice...

BELLOMO v. ROYBAL: NRCP 68 Fee Awards Must Exclude Pre-Offer Contingency Work Under Clark v. Marin

Date: Sep 22, 2026

NRCP 68 Fee Awards Must Exclude Pre-Offer Contingency Work Under Clark v. Marin 1. Introduction Parties: Louis Bellomo and his employer, SHAC, LLC (a/k/a Sapphire LV Gentleman’s Club) (collectively,...

Half-Truths as Actionable Fraud in the Inducement: Nevada Recognizes a Duty to Disclose Once a Solicitation Creates a Misleading Impression

Date: Sep 22, 2026

Half-Truths as Actionable Fraud in the Inducement: Nevada Recognizes a Duty to Disclose Once a Solicitation Creates a Misleading Impression 1. Introduction In ROYAL UNION TR. v. JOHNSON (Nev. Sept....

Separate Sentencings Can Render a Defendant Ineligible for USSG § 4C1.1’s Zero-Point Offender Reduction, and Guideline Errors May Be Affirmed as Harmless Where the Same Sentence Would Be Imposed

Date: Sep 22, 2026

Separate Sentencings Can Render a Defendant Ineligible for USSG § 4C1.1’s Zero-Point Offender Reduction, and Guideline Errors May Be Affirmed as Harmless Where the Same Sentence Would Be Imposed 1....

Third Circuit: Warrant (or Exigency) Required for Strip Searches Incident to Arrest Outside Jail/Prison Intake

Date: Sep 22, 2026

Third Circuit: Warrant (or Exigency) Required for Strip Searches Incident to Arrest Outside Jail/Prison Intake I. Introduction In Kyle Beatty v. Clinton Gardner (3d Cir. Sept. 16, 2026), the Third...

Fifth Circuit Clarifies De Novo Sufficiency Review for Inherent-Power Bad-Faith Sanctions in Bankruptcy and Reaffirms “But-For” Fee Causation

Date: Sep 22, 2026

Fifth Circuit Clarifies De Novo Sufficiency Review for Inherent-Power Bad-Faith Sanctions in Bankruptcy and Reaffirms “But-For” Fee Causation I. Introduction NexPoint Real Estate Partners, L.L.C....

Crawford v. West Texas A&M University: Paid Administrative Leave Plus Disciplinary Investigation May Be Materially Adverse Under Burlington; Independent Investigation Can Break Retaliation Causation

Date: Sep 22, 2026

Paid Administrative Leave Plus Disciplinary Investigation May Be Materially Adverse Under Burlington; Independent Investigation Can Break Retaliation Causation I. Introduction Crawford v. West Texas...