General Relevance/Prejudice Evidentiary Rulings Do Not “Subsume” a Confrontation Clause Claim Under AEDPA; Precluding the Prior Brady-Misconduct Narrative Can Still Permit Meaningful...
Florida Building Code “Permit-Vesting” Rule: The Code in Effect on the Permit Application Date Governs for the Life of the Permit (and Later Code Editions Do Not Create Contract or § 553.84...
Late-Disclosed Key Witness May Be Excluded Under Rule 37 and Fees Awarded; Performance-Based Termination Defeats ADEA/FRCA and “Leaving” Announcement Is Not Defamatory I. Introduction In John Lapikas...
Qualified Immunity Bars § 1983 Claims for Brief Detention of a Shooting Witness Absent Clearly Established Law; Pro Se Dismissals Under Rule 12(b)(6) Generally Require at Least One Opportunity to...
Amendment 833 Is Substantive and Non-Retroactive; Pre-Amendment § 3B1.2 Minor-Role Claims Remain Governed by De Varon 1. Introduction In United States v. Rafael Gutierrez (11th Cir. Sept. 14, 2026)...
Upward Variance Upheld When District Court Adopts Government’s Sentencing Rationale and Provides Reviewable § 3553(c)(2) Reasons 1. Introduction In United States v. Salim Mohamed Yehya Alsahqani...
Reasonable Suspicion May Arise from Late-Night High-Crime Parking-Lot Circumstances and Pre-Stop Furtive Movements Despite Ambiguous Body-Camera Video I. Introduction In United States v. Jackson, the...
Qualified Immunity in Close-Call Malicious Prosecution Cases: Clearly Established Law Must Make the Lack of Probable Cause Obvious in Context I. Introduction In Kenneth Wadkins v. Kristyn Klingshirn...
Sixth Circuit Reaffirms U.S.S.G. § 2G2.2’s “75:1” Video-to-Image Rule After Loper Bright and Upholds Comparative Sentencing Remarks Under § 3553(a) I. Introduction In United States v. Chance York...
Certification of Rhode Island UM/UIM Coverage for Employees Driving Personal Vehicles in the Scope of Employment Introduction Roberge v. Travelers Property Casualty Company of America (U.S. Court of...
Intervention Timeliness Runs from Litigation Signals of Abandonment—Not Political Rhetoric; Intervenors Still Need Appellate Standing to Challenge Vacatur/Remand I. Introduction In Texas v. US Dept...
Sixth Circuit Precedent: § 2423(b) “Travel With Intent” Requires Intent to Engage in § 2243(a) Under-16 Sex Acts (Not Merely Under-18) When § 2243(a) Is the Chapter 109A Predicate I. Introduction...
No Implicit Seventh Amendment Jury Waiver from Participation in Rule 65(a)(2)-Style Proceedings Amid Court-Created Confusion 1. Introduction Case: Linardon v. Walsh, No. 25-1541 (1st Cir. Sept. 11,...
Constructive Possession in a Drug Stash House Triggers § 2D1.1(b)(1) and Bars the § 4C1.1 Zero-Point-Offender Reduction Case: United States v. Parsons (1st Cir. Sept. 11, 2026) | Court: U.S. Court of...
Rule 48(a) Dismissals With Prejudice Require a “Patent Threat of Unfairness” to the Defendant; Courts May Not Categorically Condition Removal on Prejudicial Dismissal Introduction United States v....
Accrual of Florida Tortious-Interference-with-Inheritance Claims Begins When Probate Defeats the Expected Will (Not When Probate Litigation Ends) Case: Charles Steven Chauncy v. Dennis Lee Gorden...
Equitable Estoppel Cannot Expand an Arbitration Clause Expressly Limited to “Employer” and “Employee” Under Florida Law Introduction In Dennis Campbell v. AIVA Global, Inc., James Muller, and Maria...
Substantial-Truth Protection for Headlines: “Assault” vs. “Battery” and the Use of Video/Police Reports at the Rule 12(b)(6) Stage Case: James Thomas Carlan v. Tegna Inc. (No. 26-10758) Court: United...
Self-Serving Sworn Testimony Can Defeat Summary Judgment in FLSA Off-the-Clock Overtime Claims (Even When Late-Disclosed Texts Are Excluded) I. Introduction In Patrick Byrne v. Goodwill South Florida...
Record-Based Sentencing Explanations and Uncharged-Conduct Justifications for Upward Variances in Illegal Reentry Cases 1. Introduction In United States v. Cristofer Pecero-Ramirez (11th Cir. Sept....