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....
Controlled-Buy Corroboration, Totality-Based Felon-in-Possession Reasonable Suspicion, and the Public-Safety Pre-Miranda Gun Question Case: United States v. Johnny Smith, Jr. (11th Cir. Sept. 11,...
Reaffirming Admissibility of Prior Felon-in-Possession Convictions to Prove Knowing Possession, and Permitting Comment on Post-Arrest, Pre-Miranda Silence in the Eleventh Circuit Case: United States...
Fifth Circuit: ADA Does Not Require Indefinite Leave; Title VII Requires “Nearly Identical” Comparators and Pretext Evidence Beyond Timing I. Introduction In Payne v. Hammond City (5th Cir. Sept. 11,...
Louisiana Article 971 Anti-SLAPP Motions Are Unavailable in Federal Court Because They Conflict with Rules 12 and 56 Case: Sahs v. Loyola Univ New Orleans (5th Cir. Sept. 11, 2026) | Panel: Richman,...
Volitional Payments Are Not an “Occurrence”: No Texas CGL Duty to Defend ATA Aiding-and-Abetting Terrorism Claims 1. Introduction Travelers Property Casualty Company of America v. Ericsson (5th Cir....
Active Firearm Possession and Law-of-the-Case Foreclose § 4C1.1 “Zero-Point Offender” Relief, While § 3582 Compassionate Release Cannot Cure Sentencing Errors Introduction In United States v....
Harmless-Error Affirmance for Alleged Hearsay When Evidence Is Cumulative and Minimally Used at Trial (United States v. Silas) I. Introduction In United States v. Silas (10th Cir. Sept. 11, 2026)...
Sixth Circuit Endorses Upward Revocation Variances for Repeated DUI Breaches and Permits Consideration of State-Sentence Deterrence and Video/Report Injury Proof I. Introduction In United States v....
Claim Preclusion Bars Repeat Federal Land-Use/Takings Suits Against Municipal Actors and Their Privies; Later-Arising Zoning Claims Must Still Be Plausibly Pleaded Thomas Gage v. Borough of...
Fourth Circuit: Long-Present, Uninspected Entrants Are Detained Under § 1226(a), Not § 1225(b)(2)(A), and Must Receive Bond Hearings I. Introduction In a published decision issued September 10, 2026,...
Fourth Circuit: Long-Present, Uninspected Entrants Are Detained Under 8 U.S.C. § 1226(a) and Must Receive Bond Hearings; “Seeking Admission” Narrows § 1225(b)(2)(A) I. Introduction In Oscar Lopez...
Fourth Circuit: Shackling During Labor/Immediate Postpartum Without Security Justification Violates the Eighth Amendment; Postpartum MOUD Denial Can Constitute Deliberate Indifference and Support...
AIR 21 Review: No Issue-Exhaustion Under 29 C.F.R. § 1979.110(a), and No Vacatur for Unconstitutional ALJ Removal Protections Without Collins Harm 1. Introduction Corr Flight S. v. Dept of Labor (5th...
Post-Decertification § 1926(b) Standing: Traceability Fails Against a Non-Petitioning Municipal Utility District 1. Introduction In Dobbin Plantersville Water Supply Corporation v. Montgomery County...
Upward Variances Cannot Be Based on Hypothetical Guideline Recalculations; Mental-Health Conditions Require Record Support and Findings Case: United States v. Hendrickson (5th Cir. Sept. 10, 2026)...
Tie Elections in Hawaiʻi: Zero-Margin Overages, Burden on Election Officials, and Invalid “By Lot” Procedures Adopted Without Rulemaking Context: The provided text is an amended separate opinion by...
Amended Judgments Do Not Reset Post‑Judgment Interest: Interest Runs from the Entry Date of the Unreversed Money Award 1. Introduction In SNAP! MOBILE v. VERTICAL RAISE (Idaho Supreme Court, Sept....
Statutory Extraterritorial Arrest Violations Do Not Trigger Idaho’s Exclusionary Rule Absent a Constitutional Breach (State v. Satterfield) 1. Introduction In State v. Satterfield (Idaho Sept. 11,...