balancing-first-amendment-rights- Case Commentaries

Affirmative Sentencing Choices Waive Appellate Challenges, and Counterfeit-Drug Loss May Include Buyers’ Full Payments

Date: Oct 21, 2026

Affirmative Sentencing Choices Waive Appellate Challenges, and Counterfeit-Drug Loss May Include Buyers’ Full Payments Case: United States v. Michael Basalyga, consolidated with the appeal of Reina...

Affirmative Waiver Limits Sentencing Appeals; Counterfeit-Drug Loss Can Include Buyers’ Full Payments

Date: Oct 21, 2026

Affirmative Waiver Limits Sentencing Appeals; Counterfeit-Drug Loss Can Include Buyers’ Full Payments Case: United States v. Reina Chirinos de Urena, consolidated with Michael Basalyga’s appeal, Nos....

The 2025 Sentencing Guidelines Preserve Fact-Specific Mitigation and Limits on Substantial-Assistance Appeals

Date: Oct 21, 2026

The 2025 Sentencing Guidelines Preserve Fact-Specific Mitigation and Limits on Substantial-Assistance Appeals Case: United States v. Richard Hunt Court: United States Court of Appeals for the Sixth...

Expressly Protected Third-Party Beneficiaries May Enforce Arbitration Without Signing the Agreement

Date: Oct 21, 2026

Expressly Protected Third-Party Beneficiaries May Enforce Arbitration Without Signing the Agreement Case: UATP Management, LLC; UATP IP, LLC; UA Attractions, LLC; Rachelle Nurse-Goodly; and Joseph...

CFIUS Review Does Not Impliedly Preempt Texas’s Restrictions on Foreign Access to Critical Infrastructure

Date: Oct 19, 2026

CFIUS Review Does Not Impliedly Preempt Texas’s Restrictions on Foreign Access to Critical Infrastructure Case: GH America v. Fohn, No. 25-50879 Court: United States Court of Appeals for the Fifth...

Joint Expert Reports Must Identify the Designated Expert’s Own Opinions and Analysis

Date: Oct 19, 2026

Joint Expert Reports Must Identify the Designated Expert’s Own Opinions and Analysis Case: Cain v. State Farm, No. 25-60442 Court: United States Court of Appeals for the Fifth Circuit Decision:...

Physicians and Physician Assistants Practice in Substantially Similar Fields Under Iowa’s Medical-Expert Qualification Statute

Date: Oct 19, 2026

Physicians and Physician Assistants Practice in Substantially Similar Fields Under Iowa’s Medical-Expert Qualification Statute Case: Joshua Davenport v. Nathanael K. Fuller Court: Supreme Court of...

Specific Attorney-Discipline Confidentiality Rules Prevail over Iowa’s General Open Records Requirements

Date: Oct 19, 2026

Specific Attorney-Discipline Confidentiality Rules Prevail over Iowa’s General Open Records Requirements Case: Robert Teig v. Iowa Judicial Branch, Molly Weber, Robert Gast, Nicholas Critelli, Iowa...

Title VII’s Religious-Employer Exemption Does Not Shield Religiously Motivated Sex Discrimination

Date: Oct 18, 2026

Title VII’s Religious-Employer Exemption Does Not Shield Religiously Motivated Sex Discrimination Commentary on John Doe v. Catholic Relief Services United States Court of Appeals for the Fourth...

Pervasive Trial Misconduct Can Require a New Trial Without a Prior Mistrial Motion

Date: Oct 18, 2026

Pervasive Trial Misconduct Can Require a New Trial Without a Prior Mistrial Motion Case: Banner v. Wright Court: United States Court of Appeals for the Fifth Circuit Decision: October 16, 2026...

Securities Class Certification Requires Weighing Market-Inefficiency Evidence Beyond the Cammer/Krogman Factors

Date: Oct 18, 2026

Securities Class Certification Requires Weighing Market-Inefficiency Evidence Beyond the Cammer/Krogman Factors Case: Bozorgi v. Cassava Sciences Court: United States Court of Appeals for the Fifth...

Systematic Seafood Mislabeling Can Establish Article III Injury Without Exact Substitution Rates

Date: Oct 18, 2026

Systematic Seafood Mislabeling Can Establish Article III Injury Without Exact Substitution Rates Case: McCain v. Mary Mahoney's Court: United States Court of Appeals for the Fifth Circuit Date:...

Appellate Briefing Waiver and the Limits of Review of Later Filing Restrictions

Date: Oct 18, 2026

Appellate Briefing Waiver and the Limits of Review of Later Filing Restrictions Case: Wakat v. Lamar Advertising Co. and related appeals, Nos. 25-5127, 25-5134, 25-5135, and 25-5137 Court: United...

Unbriefed Dismissal Challenges Are Waived; Later, Separately Entered Filing Restrictions Require Their Own Appeal

Date: Oct 18, 2026

Unbriefed Dismissal Challenges Are Waived; Later, Separately Entered Filing Restrictions Require Their Own Appeal Case: Wakat v. Okie Smoke.com Dispensary, decided together with three related appeals...

Appellate Briefing Waiver and the Need to Separately Appeal Later Filing Restrictions

Date: Oct 18, 2026

Appellate Briefing Waiver and the Need to Separately Appeal Later Filing Restrictions Case: Wakat v. Plainview Salvage, decided together with three related appeals Court: United States Court of...

Unbriefed Dismissal Challenges Are Waived; Separate Filing Restrictions Require a Proper Appeal

Date: Oct 18, 2026

Unbriefed Dismissal Challenges Are Waived; Separate Filing Restrictions Require a Proper Appeal Case: Wakat v. Robson and related appeals Court: United States Court of Appeals for the Tenth Circuit...

Suspension-Order Violations Do Not Mechanically Require Disbarment: People v. Mann

Date: Oct 18, 2026

Suspension-Order Violations Do Not Mechanically Require Disbarment: The Proportionality Analysis in People v. Mann Deciding tribunal: Office of the Presiding Disciplinary Judge of the Supreme Court...

Comparative Fault Requires Comparison, Not Merely Proof of Negligence: The Dissent in Darrin Harper v. Lorenzo Reed

Date: Oct 18, 2026

Comparative Fault Requires Comparison, Not Merely Proof of Negligence: The Dissent in Darrin Harper v. Lorenzo Reed Court: Supreme Court of Michigan Date: October 16, 2026 Docket: SC 169770...

Delayed Appeals in Iowa Child Welfare Cases Are Available Only After Termination of the Appealing Parent’s Rights

Date: Oct 18, 2026

Delayed Appeals in Iowa Child Welfare Cases Are Available Only After Termination of the Appealing Parent’s Rights Case: In the Interest of E.S., Minor Child Court: Supreme Court of Iowa Decided:...

Alaska Limits Domestic-Partnership Property Division and Adopts Separate-Asset Tracing

Date: Oct 18, 2026

Alaska Limits Domestic-Partnership Property Division to Partnership-Era Acquisitions and Adopts Separate-Asset Tracing Case: Scott King v. Courtenay Carty Court: Supreme Court of the State of Alaska...