Indemnification Risk Does Not Justify Enjoining State In Personam Suits Under the Anti-Injunction Act’s “In Aid of Jurisdiction” Exception 1. Introduction Out v. Calamari (captioned in the opinion as...
Inconclusive Postconviction DNA Results Do Not Establish Newly Discovered Evidence, and Florida Recognizes No Freestanding Actual Innocence Claim I. Introduction Case: James Aren Duckett v. State of...
Principle-Based Historical Analogues Permit Targeted Bans on Particularly Dangerous Weapons (AR-15s and 30-Round Magazines) Under Bruen I. Introduction These consolidated appeals arise from...
Rule 8 “Fair Notice” for First Amendment Belief-Retaliation Claims in Public Employment (Spengler v. CESA 7) I. Introduction Becky Spengler v. Cooperative Educational Service Agency 7 (CESA 7) arose...
Standing Requires a Project-Specific Geographic Nexus and Causation in Offshore Environmental Challenges Case: Center for Biological Diversity v. TRA Court: United States Court of Appeals for the...
FTCA Course-and-Scope: Union “Official Time” Duties and Special-Mission Travel Can Create a Jury Question Under Texas Law 1. Introduction In Barrier v. United States (5th Cir. July 7, 2026),...
United States v. Theiler: No Immediate-Disclosure Right for Unanswered Jury Notes; Non-Allen “Keep Deliberating” Response; Circumstantial Proof of AKS-Conspiracy Knowledge I. Introduction Case:...
Procedural Bars Prevail: Untimely/Number-Barred Reopening and Forfeited NTA Defect Challenges in Removal Proceedings 1. Introduction Lourdes Verenice Hernandez Sorto v. Attorney General United States...
Third Circuit: § 1035 Materiality Does Not Require a Medicare/Medicaid-Payment-Specific Instruction; State Survey Submissions Can Support § 1519 and Restitution Based on Avoided Admissions Bans Case:...
Defamation Liability for “Misquote/Scientific Invalidity” Accusations and Retaliation Protection for Opposing Allegedly Unlawful Race Preferences in Academic Medicine Norman Wang v. University of...
Statute of Limitations Accrues on Nonpayment of Retirement Benefits Under a Nonmerged PSA; Court May Order a “Second” QDRO to Effectuate (Not Reform) the Agreement 1. Introduction In Michele B....
State v. Porter (R.I. 2026): Trial Judges Must Make On-the-Record Findings at All Three Batson Steps; Omission of Step Three Requires Automatic Reversal Introduction State v. Leron Porter (Supreme...
Recent Severe Hallucinogen Intoxication Can Render a Miranda Waiver Unknowing and Unintelligent; Admission of a Highly Prejudicial “Intent” Statement Is Not Harmless in a Specific-Intent CSC-Intent...
OCS “Reasonable Efforts” and Language Barriers: No Interpreter Required Absent Notice or Demonstrated Communication Failure I. Introduction In Hamza B. (Father) v. State of Alaska, Department of...
Missing “Master Map” Does Not Defeat an Express Utility Easement; Installation Fixes a Floating Easement’s Location, and Easement Metes-and-Bounds Need Not Appear in a Trespass/Nuisance Defense...
“Deposit” Means Deposit: Wis. Stat. § 165.10 Does Not Dictate Where Settlement Funds Are Credited Within the General Fund Case: Wisconsin State Legislature v. Josh Kaul (2026 WI 28) | Court: Supreme...
Unborn Children as “Patients” Under Wis. Stat. § 448.30: Informed Consent Owed Through the Pregnant Decisionmaker and Independently Enforceable After Live Birth I. Introduction Case: Charlie May...
“No Confidence” as a Permissible Articulation of the Bail Reform Act’s “Reasonably Assure” Standard (and the Relevance of Repeated Immigration Encounters to Serious Flight Risk) 1. Introduction In...
EEOC Right-to-Sue Email: 90 Days Runs from Inbox Receipt (and Courts May Judicially Notice EEOC Portal Records) I. Introduction In Pinnock v. Teletech Government Solutions, LLC (10th Cir. July 8,...
Kingsley Does Not Displace the “Legitimate Penological Interest” Pleading Burden for Pretrial Detainee Restrictions (10th Cir.) 1. Introduction Weinert v. Pushmataha County Municipal District (No....