Fee-Log “Perjury” and Contract-Interpretation Deference: Narrowing FAA Vacatur Under §§ 10(a)(1) and 10(a)(4) Case: Kashyap Bakhai v. BDO USA, P.C. (11th Cir. Sept. 8, 2026) (not for publication)...
CBP May Reopen/Reconsider Reinstatement Orders Under 8 C.F.R. § 103.5, and Denials Are Reviewable Under 8 U.S.C. § 1252(b)(6) I. Introduction Santos v. Blanche (2d Cir. Sept. 8, 2026) addresses two...
Independent Investigation Breaks Cat’s-Paw Causation in ADEA Pretext Challenges Case: Tafoya v. City of Fountain (10th Cir. Sept. 8, 2026) (unpublished “Order and Judgment,” persuasive only) Court:...
Tenth Circuit Requires § 2255 Evidentiary Hearings When Plea Counsel May Have Omitted a Plausible Loughrin/Williams Bank-Fraud Defense and Misadvised on Cheek Willfulness 1. Introduction Case: United...
Conclusory Denials Do Not Defeat NLRB Settlement-Default Motions, and Unraised Hearing/Due-Process Objections Are Forfeited Under NLRA § 160(e) Case: American Backflow & Fire Prevention, Inc. v. NLRB...
Seventh Circuit: Cursory BIA Briefing Does Not Exhaust—Petitioner Must Develop Specific Arguments to Preserve Asylum/Withholding/CAT Issues I. Introduction In Maria Angelica Gonzalez Perez, et al. v....
General Denial Is Insufficient to Defeat NLRB Settlement-Default Judgment; Unraised Due-Process/§ 160(b) Hearing Objections Are Forfeited Under § 160(e) Case: NLRB v. American Backflow & Fire...
Farmer’s Subjective Deliberate-Indifference Standard Governs Fourteenth Amendment Conditions-of-Confinement Claims (Sixth Circuit En Banc) Case: Luther Poynter v. Aaron Shirley (successor substituted...
Handbook Royalty Policies as Implied Contracts: Retroactive Amendments Require Clear Authority and Present Jury Questions Case: Warren v. The Children's Hospital Corporation (1st Cir. Sept. 8, 2026)...
Res Judicata Bars Later Federal RICO and Related Claims After Alabama Construction-Fraud Trial; Rule 15(d) Supplement Remains Discretionary and Must Be Sufficiently Related Case: Darin Whitchurch v....
Pleading Particularized Falsehoods and “But-For” Probable Cause in Eleventh Circuit § 1983 Malicious-Prosecution Claims at PLRA Screening Introduction Supreme Born v. Randall Woodfin (11th Cir. Sept....
Preserving “Retribution” Error in Supervised-Release Revocations Requires a Specific § 3553(a)(2)(A) Objection Case: United States v. Antonio Miguel Carrow (11th Cir. Sept. 8, 2026) (per curiam, not...
United States v. Owen: “Interviewed Everyone” Testimony Is Not a Doyle Comment on Silence; Broad Proof Suffices for Murder-for-Hire and Aiding-and-Abetting a § 924(h) Firearm Transfer 1. Introduction...
Spiehs v. Morgan: Public Libraries May Bar Sign-Displays Indoors as Content-Neutral Time, Place, and Manner Restrictions Court: United States Court of Appeals for the Tenth Circuit Date: September 8,...
Monell Causation Fails Where Detention and Bail-Posting Limits Are Mandated by State-Court Orders; No Fourth Amendment Violation if Presented to a Judge Within 48 Hours Case: Anthony Murdock v. City...
Seventh Circuit: § 1983 Damages Complaints Seeking Only Money and Naming Former Officials Plead Personal-Capacity Claims (Not Eleventh-Amendment-Barred), and the Fourth Circuit “Martin” Factors Do...
Closed-Attraction Trespasser Rule: Tacit “Go-Ahead” Plus Known Safety Disablement Can Create a Jury Question on Recklessness (7th Cir.) 1) Introduction Case: Eric Stupak v. Mont du Lac Snowsports,...
Leadership-Role Enhancement Based on a Knowingly Assisting Partner and Related Prior Deliveries; Downward-Departure Denials Remain Unreviewable Absent Clear Misunderstanding 1. Introduction In United...
Anti-SLAPP Prong One in Nevada: Contradictory Evidence Requires a Factual Good-Faith Showing—Mere Denial Is Not Enough I. Introduction In JET COMMERCIAL CONSTR., LLC v. N. AM. INS. AGENCY OF LAWTON,...
Benefit “Not Guaranteed” Statements as Unlawful Reprisal Threats, While General Union Awareness Does Not Establish Surveillance (5th Cir. 2026) Case: Starbucks v. NLRB (No. 24-60653) | Court: U.S....