balancing-first-amendment-rights- Case Commentaries

BIA May Screen New Evidence for Reliability Without Impermissible Factfinding in CAT Remand Motions

Date: Oct 23, 2026

BIA May Screen New Evidence for Reliability Without Impermissible Factfinding in CAT Remand Motions Zahid v. Blanche — United States Court of Appeals for the Fifth Circuit, October 20, 2026; Nos....

Individual CAT Eligibility, BIA Severance, and Appellate Briefing Waiver: Chilingarian v. Blanche

Date: Oct 23, 2026

Individual CAT Eligibility Permits Separate Disposition of Family Claims; Inadequate Briefing Forecloses Appellate Review Case: Chilingarian v. Blanche Court: United States Court of Appeals for the...

Family Ties Do Not Create Derivative CAT Protection: Individualized Risk, Severance, and Appellate Waiver

Date: Oct 23, 2026

Family Ties Do Not Create Derivative CAT Protection: Individualized Risk, Severance, and Appellate Waiver Case: Chilingarian v. Blanche Court: United States Court of Appeals for the Tenth Circuit...

No New Six-Month Presumption for Immigration Re-Detention: Enforcing Prompt-Interview Safeguards

Date: Oct 23, 2026

No New Six-Month Presumption for Immigration Re-Detention: Enforcing Prompt-Interview Safeguards Case: Abedi v. Carter, No. 25-3179 Court: United States Court of Appeals for the Tenth Circuit...

Prior Personal-Injury and Consortium Judgments Do Not Preclude a Later-Accruing Ohio Wrongful-Death Claim Under the FTCA

Date: Oct 23, 2026

Prior Personal-Injury and Consortium Judgments Do Not Preclude a Later-Accruing Ohio Wrongful-Death Claim Under the FTCA Beverly Mowry v. United States United States Court of Appeals for the Sixth...

Isolated Rebukes and Speculative Fears Do Not Establish § 1981 Retaliation or Constructive Discharge

Date: Oct 23, 2026

Isolated Rebukes and Speculative Fears Do Not Establish § 1981 Retaliation or Constructive Discharge Case: Cheryl Burton v. Centre College of Ky. Court: United States Court of Appeals for the Sixth...

Michigan’s Third-Party-Crime Rule Bars Fitting-Room Design Claims Based on Criminal Voyeurism

Date: Oct 23, 2026

Michigan’s Third-Party-Crime Rule Bars Fitting-Room Design Claims Based on Criminal Voyeurism Case: Dannica Alling v. Target Corp., No. 26-1192 Court: United States Court of Appeals for the Sixth...

ERISA Death Benefits: Reasonable Proof-of-Loss Requirements Support Denial of Prejudgment Interest

Date: Oct 23, 2026

ERISA Death Benefits: Reasonable Proof-of-Loss Requirements Support Denial of Prejudgment Interest Case: Robert Williamson, Jr. v. Ana Lunar, No. 25-5790 Court: United States Court of Appeals for the...

Group-Chat Participation Alone Does Not Create Fourth Amendment Rights in Another User’s Account

Date: Oct 23, 2026

Group-Chat Participation Alone Does Not Create Fourth Amendment Rights in Another User’s Account Commentary on United States v. Nasir Lewis United States Court of Appeals for the Sixth Circuit, No....

Mitigation Supports Public Censure Despite Presumptive Suspension for Repeated Failures of Diligence

Date: Oct 22, 2026

Mitigation Supports Public Censure Despite Presumptive Suspension for Repeated Failures of Diligence Case: Board of Professional Responsibility, Wyoming State Bar v. Corrie Lynn Lamb, WSB 7-5923...

Likely RLUIPA Success Does Not Compel Preliminary Relief for a Future Religious Development

Date: Oct 22, 2026

Likely RLUIPA Success Does Not Compel Preliminary Relief for a Future Religious Development Case: Holy Trinity Ukrainian Catholic Church v. Township of Collier Court: United States Court of Appeals...

Separate Final Bankruptcy Appellate Judgments Do Not Merge: Limits on Reviewing Unappealed Stay Relief

Date: Oct 22, 2026

Separate Final Bankruptcy Appellate Judgments Do Not Merge: Limits on Reviewing Unappealed Stay Relief Case: Lopez v. Jenkins Court: United States Court of Appeals for the Tenth Circuit Date: October...

New York City’s Pandemic Guaranty Law Survives Contracts Clause Review Under Substantial Legislative Deference

Date: Oct 22, 2026

New York City’s Pandemic Guaranty Law Survives Contracts Clause Review Under Substantial Legislative Deference Case: 513 W. 26th Realty LLC v George Billis Galleries, Inc., 2026 NY Slip Op 06058...

Indenture Successor Liability Requires a Contractual Trigger, Not Merely Statements Suggesting Debt Assumption

Date: Oct 22, 2026

Indenture Successor Liability Requires a Contractual Trigger, Not Merely Statements Suggesting Debt Assumption Alesco Preferred Funding VIII, Ltd. v. ACP Re, Ltd. Appellate Division, First Department...

Forensic-Misconduct Discovery: FSIA Procedures Cannot Be Bypassed, and Criminal Subpoenas Require a Complete Spykstra Analysis

Date: Oct 22, 2026

Forensic-Misconduct Discovery: FSIA Procedures Cannot Be Bypassed, and Criminal Subpoenas Require a Complete Spykstra Analysis Case: The People of the State of Colorado, In Re v. Michael Martin...

Workers’ Compensation Death-Benefit Reimbursement Does Not Violate Oklahoma’s Wrongful-Death Guarantee

Date: Oct 22, 2026

Workers’ Compensation Death-Benefit Reimbursement Does Not Violate Oklahoma’s Wrongful-Death Guarantee Case: AMY ALEXANDER v. NAM KY DUONG, and SENTINEL INSURANCE CO., LTD. Citation: 2026 OK 76...

Mistaken Belief in Civil-Rights Restoration Does Not Negate Knowledge of Felony Status Under § 922(g)(1)

Date: Oct 22, 2026

Mistaken Belief in Civil-Rights Restoration Does Not Negate Knowledge of Felony Status Under § 922(g)(1) Case: United States v. Thomas Windham, No. 25-13551 Court: United States Court of Appeals for...

Fourth Circuit: Breach-of-Trust Sanctions Remain Permissible After Esteras

Date: Oct 22, 2026

Fourth Circuit: Breach-of-Trust Sanctions Remain Permissible After Esteras Case: United States v. Andrew Chafin Court: United States Court of Appeals for the Fourth Circuit Decided: October 19, 2026...

ADEA Pretext: Disagreement with Performance Assessments Does Not Alone Undermine an Employer’s Honest Belief

Date: Oct 22, 2026

ADEA Pretext: Disagreement with Performance Assessments Does Not Alone Undermine an Employer’s Honest Belief Case: Feldkamp v. University of Kansas Hospital Authority, No. 25-3185 Court: United...

An Unchallenged Good-Faith Ruling Independently Sustains Denial of Suppression

Date: Oct 22, 2026

An Unchallenged Good-Faith Ruling Independently Sustains Denial of Suppression Commentary on United States v. Antonio Darnel Reed United States Court of Appeals for the Sixth Circuit, Case No....