balancing-first-amendment-rights- Case Commentaries

Bush v. Marion General Hospital — COVID-19 Emergency Immunity Requires a Proven Causal Nexus to the Alleged Negligent Act or Omission

Date: Aug 31, 2026

COVID-19 Emergency Immunity Requires a Proven Causal Nexus to the Alleged Negligent Act or Omission Case: Bush v. Marion General Hospital (Supreme Court of Mississippi, Aug. 27, 2026) | Disposition:...

§ 2G2.2(c)(1) Cross-Reference Applies Without Proof of a “Live” Feed; Plea Admissions Waive Contrary Sentencing Facts

Date: Aug 29, 2026

§ 2G2.2(c)(1) Cross-Reference Applies Without Proof of a “Live” Feed; Plea Admissions Waive Contrary Sentencing Facts Case: United States v. Jose Sanchez (No. 24-3022) Court: Court of Appeals for the...

United States v. McIver : No Interlocutory Appeal for Selective/Vindictive Prosecution Denials; Speech or Debate Clause Does Not Immunize Non‑Legislative Physical Interference During Oversight Visits

Date: Aug 29, 2026

United States v. McIver: No Interlocutory Appeal for Selective/Vindictive Prosecution Denials; Speech or Debate Clause Does Not Immunize Non‑Legislative Physical Interference During Oversight Visits...

Third Circuit: No Interlocutory Appeal for Selective/Vindictive-Prosecution Denials; Legislative Immunity Limited to Speech or Debate—Remand Required for Overbroad § 111 Count

Date: Aug 29, 2026

Third Circuit: No Interlocutory Appeal for Selective/Vindictive-Prosecution Denials; Legislative Immunity Limited to Speech or Debate—Remand Required for Overbroad § 111 Count Introduction United...

FTCA Misdiagnosis Claims in Georgia Require Plaintiff Expert Testimony; Misdiagnosis Is Professional (Not Ordinary) Negligence

Date: Aug 29, 2026

FTCA Misdiagnosis Claims in Georgia Require Plaintiff Expert Testimony; Misdiagnosis Is Professional (Not Ordinary) Negligence Introduction In LaQuetta Gordon v. United States (11th Cir. Aug. 27,...

United States v. Irving: Minimal “AO 247” Reasoning Can Suffice to Deny an Amendment 821 § 3582(c)(2) Reduction When § 3553(a) Severity Concerns Predominate

Date: Aug 29, 2026

United States v. Irving: Minimal “AO 247” Reasoning Can Suffice to Deny an Amendment 821 § 3582(c)(2) Reduction When § 3553(a) Severity Concerns Predominate 1. Introduction In United States v. Irving...

Confrontation Clause “Opportunity” Standard: COVID-Era Trial Recesses Do Not Violate the Sixth Amendment When Cross-Examination Remains Full and Fair

Date: Aug 29, 2026

Confrontation Clause “Opportunity” Standard: COVID-Era Trial Recesses Do Not Violate the Sixth Amendment When Cross-Examination Remains Full and Fair Case: United States v. Michael Forrester, Jr....

Attempted Disarming of a Peace Officer as a Robbery-Analogue Felony Supports § 922(g)(1) Disarmament Under Bruen

Date: Aug 29, 2026

Attempted Disarming of a Peace Officer as a Robbery-Analogue Felony Supports § 922(g)(1) Disarmament Under Bruen Case: United States v. Mitchell (5th Cir. Aug. 26, 2026) Court: United States Court of...

Presuming Understanding of “Guilty” Under Crim.R. 11: Omission of “Complete Admission” Is Not a Complete Failure Absent Actual Innocence (State v. Fontanez)

Date: Aug 29, 2026

Presuming Understanding of “Guilty” Under Crim.R. 11: Omission of “Complete Admission” Is Not a Complete Failure Absent Actual Innocence (State v. Fontanez) Case: State v. Fontanez, Slip Opinion No....

Legislative Repeal Moots Mandamus Appeal and Warrants Vacatur Where Mootness Is Not Appellant-Caused

Date: Aug 29, 2026

Legislative Repeal Moots Mandamus Appeal and Warrants Vacatur Where Mootness Is Not Appellant-Caused Case: Aldin Associates Ltd. Partnership v. State (Order on Motion) Court: Supreme Court of...

Eleventh Circuit: Younger Abstention Requires Dismissal Without Prejudice When Federal Relief Would Interfere with Ongoing State Contempt Enforcement

Date: Aug 29, 2026

Eleventh Circuit: Younger Abstention Requires Dismissal Without Prejudice When Federal Relief Would Interfere with Ongoing State Contempt Enforcement Case: Brian C. Chubboy v. Nona C. Chubboy, et al....

Commingled Special-Needs Trust Funds Trigger Automatic Stay as Estate-Property Claims

Date: Aug 29, 2026

Commingled Special-Needs Trust Funds Trigger Automatic Stay as Estate-Property Claims: Beneficiaries’ Non-Debtor Class Actions Must Yield to Bankruptcy Administration 1. Introduction In Clark...

ERISA LTD Termination Upheld Where Multiple Medical Reviews and Vocational Evidence Provide a Reasonable Basis; SSA Disability and Minor Record Errors Are Not Dispositive

Date: Aug 29, 2026

ERISA LTD Termination Upheld Where Multiple Medical Reviews and Vocational Evidence Provide a Reasonable Basis; SSA Disability and Minor Record Errors Are Not Dispositive 1. Introduction In Marcy...

Rule 72(a) Waiver Bars Appellate Review of Unobjected-to Magistrate Discovery Orders, and Post-Judgment Filings Cannot Defeat Summary Judgment (11th Cir.)

Date: Aug 29, 2026

Rule 72(a) Waiver Bars Appellate Review of Unobjected-to Magistrate Discovery Orders, and Post-Judgment Filings Cannot Defeat Summary Judgment (11th Cir.) I. Introduction In Michael Eugene Grimage v....

Arguable Probable Cause for Obstruction When a Suspect Lies About Carrying Identification During a Lawful Terry Stop (and No First Amendment Right to Refuse Identity Disclosure)

Date: Aug 29, 2026

Arguable Probable Cause for Obstruction When a Suspect Lies About Carrying Identification During a Lawful Terry Stop (and No First Amendment Right to Refuse Identity Disclosure) Case: Robert E....

Post-Arrest Minimization and Lack of Remorse Can Justify an Upward Variance Above the § 2422(b) Mandatory Minimum

Date: Aug 29, 2026

Post-Arrest Minimization and Lack of Remorse Can Justify an Upward Variance Above the § 2422(b) Mandatory Minimum 1. Introduction In United States v. Francisco Alvarez-Tello (11th Cir. Aug. 27, 2026)...

Deportation Risk Is Not a Proper § 3553(a) Basis to Deny an Amendment 821 § 3582(c)(2) Reduction, but Denial Stands When Offense Seriousness Independently Controls

Date: Aug 29, 2026

Deportation Risk Is Not a Proper § 3553(a) Basis to Deny an Amendment 821 § 3582(c)(2) Reduction, but Denial Stands When Offense Seriousness Independently Controls Case: United States v. Kenny...

Plain-View Seizure of an Unsecured Vehicle Firearm as “Immediately Apparent” Contraband Under Fla. Stat. § 790.25(4)(a)

Date: Aug 29, 2026

Plain-View Seizure of an Unsecured Vehicle Firearm as “Immediately Apparent” Contraband Under Fla. Stat. § 790.25(4)(a) 1. Introduction In United States v. Marquis Player (11th Cir. Aug. 27, 2026)...

Lowell v. Lyft, Inc.: ADA Plaintiffs Must Prove Proposed Modifications Will Likely Produce Effective WAV Service; “Facial Reasonableness” Alone Is Not Enough

Date: Aug 29, 2026

Lowell v. Lyft, Inc.: ADA Plaintiffs Must Prove Proposed Modifications Will Likely Produce Effective WAV Service; “Facial Reasonableness” Alone Is Not Enough 1. Introduction In Lowell v. Lyft, Inc....

United States v. Valdez: Pretrial Reconsideration of Suppression Orders and Inevitable Discovery Through Booking Inventories

Date: Aug 29, 2026

United States v. Valdez: Pretrial Reconsideration of Suppression Orders and Inevitable Discovery Through Booking Inventories 1. Introduction In United States v. Valdez (10th Cir. Aug. 27, 2026), the...