balancing-first-amendment-rights- Case Commentaries

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...

Probation Extensions as Actionable Title VII/§ 1981 Harm Post-Muldrow, and Off-Site Conduct with Workplace Consequences in Hostile-Environment Proof

Date: Jul 18, 2026

Probation Extensions as Actionable Title VII/§ 1981 Harm Post-Muldrow, and Off-Site Conduct with Workplace Consequences in Hostile-Environment Proof I. Introduction Brenyah v. Columbia Hospital (5th...

Rule 41 Stipulated Dismissal Ends a Desegregation Case Immediately—No “Public-Interest” Override; Mandamus Lies to Stop Post-Dismissal Proceedings

Date: Jul 18, 2026

Rule 41 Stipulated Dismissal Ends a Desegregation Case Immediately—No “Public-Interest” Override; Mandamus Lies to Stop Post-Dismissal Proceedings 1. Introduction Sch Bd Concordia Prsh v. United...

Brown v. Burmaster: Causation Is Indispensable to Municipal Liability; Irreconcilable Special Verdicts Require a New Trial

Date: Jul 18, 2026

Brown v. Burmaster: Causation Is Indispensable to Municipal Liability; Irreconcilable Special Verdicts Require a New Trial I. Introduction Brown v. Burmaster (5th Cir. July 14, 2026) arises from a...

Competency to Stand Trial Suffices for Faretta Waiver; Indiana v. Edwards Is Discretionary, Not Mandatory

Date: Jul 18, 2026

Competency to Stand Trial Suffices for Faretta Waiver; Indiana v. Edwards Is Discretionary, Not Mandatory 1. Introduction In United States v. Stephen Snyder (4th Cir. July 14, 2026), the Fourth...

Rule 60(b)(6) Finality in Diversity Cases: Later State-Law Decisions Are Not “Extraordinary” Absent the Same Transaction or Occurrence

Date: Jul 18, 2026

Rule 60(b)(6) Finality in Diversity Cases: Later State-Law Decisions Are Not “Extraordinary” Absent the Same Transaction or Occurrence 1. Introduction In Golden Corral Corporation v. Illinois Union...

FTCA “Risk-Creation” Negligence Survives the Intentional Tort Exception When a Separate Duty to the Victim Exists (Sheridan Applied to USPS Assault Context)

Date: Jul 18, 2026

FTCA “Risk-Creation” Negligence Survives the Intentional Tort Exception When a Separate Duty to the Victim Exists (Sheridan Applied to USPS Assault Context) I. Introduction In Dawn Lusk v. Chris...

Hulett v. Foster (10th Cir. 2026): Discretionary Denial of Late-Appeal Relief Under FRAP 4(a)(5) and 4(a)(6)

Date: Jul 18, 2026

Discretionary Denial of Late-Appeal Relief: Sporadic E-Filing Undercuts “Excusable Neglect,” and FRAP 4(a)(6) Reopening Remains Permissive 1. Introduction Case: Hulett v. Foster, No. 26-3035 (10th...

Monell Deliberate Indifference Requires Notice of a Pattern of Nonconsensual Guard–Inmate Sexual Abuse (Not Merely Policy/Criminal Misconduct)

Date: Jul 18, 2026

Monell Deliberate Indifference Requires Notice of a Pattern of Nonconsensual Guard–Inmate Sexual Abuse (Not Merely Policy/Criminal Misconduct) Introduction Harden v. Hedgecock (10th Cir. July 14,...

Georgia Trial Courts May Strike a Defendant’s Answer for Willful Motions-in-Limine Violations Under OCGA § 15-1-3

Date: Jul 18, 2026

Georgia Trial Courts May Strike a Defendant’s Answer for Willful Motions-in-Limine Violations Under OCGA § 15-1-3 1. Introduction This Court of Appeals of Georgia decision (Fifth Division) arises...

OCGA § 44-7-14 Exclusivity for Tenant-Possessed Areas: Mischarging OCGA § 51-3-1 Requires Vacatur and Full Retrial

Date: Jul 18, 2026

OCGA § 44-7-14 Exclusivity for Tenant-Possessed Areas: Mischarging OCGA § 51-3-1 Requires Vacatur and Full Retrial 1. Introduction Venetian Hills Apartments, LLC v. Hughes is a wrongful-death...

State v. Quelon Page: Trial Justice Must Clearly Articulate “Thirteenth Juror” Weight-of-the-Evidence Reasoning When Denying a New Trial

Date: Jul 18, 2026

State v. Quelon Page: Trial Justice Must Clearly Articulate “Thirteenth Juror” Weight-of-the-Evidence Reasoning When Denying a New Trial 1. Introduction In State v. Quelon Page (R.I. July 16, 2026),...

Rhode Island Rejects “Language Conduit” Treatment for Unidentified Interpreters: Out-of-Court Interpreted Statements Are Hearsay Absent Reliability and Agency

Date: Jul 18, 2026

Rhode Island Rejects “Language Conduit” Treatment for Unidentified Interpreters: Out-of-Court Interpreted Statements Are Hearsay Absent Reliability and Agency I. Introduction In Galbin Fernandez, in...