Informal Agency Memoranda that Alter Substantive Rights Are “Rules”; Untimely Procedural Challenges Are Barred, but Timely Objectors Cannot Be Bound by Unpromulgated Changes 1. Introduction In Martel...
Routine Evidence-Retention Deletions Trigger Youngblood (Not Trombetta) Absent Apparent Exculpatory Value—and Require Proof of Bad Faith Introduction In United States v. Orrantia (10th Cir. May 4,...
Second Circuit Leaves Intact: (1) a Pre‑Trial Constraint on Westfall Act Substitution in State‑Filed Cases, and (2) Waiver/Law‑of‑the‑Case Limits on Re‑Litigating Presidential Immunity I....
Technical-Reviewer DNA Testimony Is Not “Plainly” Barred by the Confrontation Clause; ACCA Different-Occasions Errors Require Prejudice Introduction In United States v. Samuel Lee Jones (11th Cir....
Rule 60 Motions After Final Judgment: One-Year Bar, “Reasonable Time” Limits, and Clear-and-Convincing Proof for Fraud on the Court 1. Introduction Harisadhan Patra and Petula Vaz (pro se) appealed...
Smith v. Albany County School District No. 1: Pleading a “Compelled Message” and Limits on Mask-Mandate First Amendment/Due Process Claims I. Introduction In Smith v. Albany County School District...
Section 1225(b)(2)(A) Mandatory Detention Is Limited to Noncitizens “Seeking Admission”; Long-Present Interior Entrants Are Detained (and Bond-Eligible) Under Section 1226(a) I. Introduction Cunha v....
FLSA Collective Action Notice Requires Personal Jurisdiction Over Each Opt-In Claim Under Rule 4(k) 1. Introduction Provencher v. Bimbo Foods Bakeries Distribution LLC (2d Cir. May 4, 2026) addresses...
Griffin v. LaManna: Certificate of Appealability Required to Appeal Denial of Rule 4(a)(5) Extension in State Habeas 1. Introduction In Griffin v. LaManna (2d Cir. Apr. 29, 2026), the Second Circuit...
Class Membership in the Payment Card Settlement Turns on Contractual Intent—not a “Direct Payor” Rule; Settlement Release Bars Later State-Law Indirect-Purchaser Claims 1. Introduction This Second...
Rule 60(b)(3) “Misconduct” in the Second Circuit Requires More Than Negligent Discovery Errors Introduction In Adidas America, Inc. v. Thom Browne, Inc. (2d Cir. Apr. 29, 2026), adidas sought to...
Government Employees Not Covered by the LHWCA May Bring Sieracki Unseaworthiness Claims, and State Volunteer Firefighter Exclusivity Cannot Bar General Maritime Negligence 1. Introduction Case: In...
Partial Section 18.001 Counteraffidavits: Unchallenged Medical-Expense Portions Remain Admissible (and Counteraffidavits May Prove the Reasonable Portion) I. Introduction Parties: Tatia Ortiz...
Commissioner’s § 481.034(g) Objections Are Effectively Unreviewable and Not Subject to APA Rulemaking; Courts May Not Enjoin Agencies to “Rewrite” Controlled-Substance Schedules 1. Introduction In...
Eligibility Is Not Entitlement: Discretion to Deny Amendment 821 (Zero-Point Offender) Reductions Under § 3582(c)(2) Based on § 3553(a) 1. Introduction In United States v. Mario Enrique Mendoza...
Eligibility Is Not Entitlement: Discretionary Denial of Amendment 821 § 3582(c)(2) Relief Based on § 3553(a) Offense Seriousness 1. Introduction In United States v. Mario Enrique Mendoza Delgado...
Form-Order Denials of Compassionate Release Must Permit Meaningful Appellate Review (Including Sealed Victim-Impact Materials) Introduction In United States v. Larry Douglas McPherson (11th Cir. May...
AIR21 Back-Pay Mitigation Requires “Reasonable Diligence,” Not a “Gross or Egregious Misconduct” Threshold 1. Introduction Exclusive Jets, LLC v. United States Department of Labor, Administrative...
Plain-Error Shield for Terry Frisks and Career-Offender Predicates: Aggregated Suspicion and “Realistic Probability” in Louisiana Cocaine Cases 1. Introduction In United States v. Young (5th Cir. May...
Norman v. Beaumont ISD — Unpleaded “Context” Cannot Convert a Rule 12(b)(6) Dismissal: Social-Media Critiques of Workplace Leadership Are Not “Public Concern” Without Plausible Allegations 1....