Enforcing Narrow Plea-Agreement Appellate Waivers: Only Suppression Arguments Actually Raised in Carve-Out Filings Survive 1. Introduction United States v. Derrick Polk (3d Cir. Sept. 2, 2026) arises...
Federal Illegality Is a Merits Issue, Not a Standing Bar, for Challenges to State Cannabis Licensing; Supremacy-Clause Invalidation Must Redress the Plaintiff’s Injury 1. Introduction Georgia Atlas,...
Tazo v. Blanche: Generalized Country Conditions and Uncorroborated Harm Do Not Salvage CAT Claims After an Adverse Credibility Finding 1. Introduction In Tazo v. Blanche (5th Cir. Sept. 2, 2026)...
Accrual Turns on Knowledge of Injury and Cause—Not Legal Significance; Illinois “Legal Disability” Tolling Requires Near-Total Incapacity 1. Introduction Case: Vicqui Washington v. City of Chicago,...
Anders Withdrawal After Guilty Plea: Counsel Must Confront Record-Supported Competency Questions, Though Rule 11 Colloquy Can Defeat Plain-Error Relief Introduction In United States v. Dennis Cheston...
Good-Cause Disclosure of Bank Examination Materials and Prejudgment Interest from a Regulatory Consent-Order Date in Florida Fiduciary-Duty Derivative Actions Case: Bancor Group Inc v. Carlos...
Nondisclosure of Prior Litigation Is Not “Malicious” Under § 1915A(b)(1); Sanctions Must Proceed Under Inherent Powers with Bad-Faith Findings Introduction In Edgar Zuniga-Mejia v. Graceville CF...
Failure to Object to a Magistrate Judge’s Report—and Failure to Invoke Civil Plain-Error Review—Waives ADEA Appellate Challenges (11th Cir.) Introduction Folasade Loye v. Emory University is an...
Merits Judgment Triggers “Second or Successive” § 2255 Status Despite Pending Appeal Introduction In Jeffrey Spivack v. United States (11th Cir. Aug. 31, 2026) (per curiam) (not for publication), the...
Martinez Excuses Default, But § 2254(e)(2) Requires Claim-Specific Diligence: An Unrelated State Hearing Request Won’t Unlock a Federal Evidentiary Hearing 1. Introduction Orlando Hernandez v....
Mootness Requires Munsingwear Vacatur When a Restitution-Lien Expiration Dispute Becomes Nonjusticiable on Appeal 1. Introduction In Ralph Pinson v. United States (11th Cir. Aug. 31, 2026) (per...
Residential High-Speed Flight (and Discarding a Loaded Firearm) Supports U.S.S.G. § 3C1.2 Based on Reliable Video Evidence Introduction In United States v. Sherron Gary (11th Cir. Aug. 31, 2026)...
Displaced Corporate Managers Cannot Assert Company Privilege; Loan-Fraud “Loss” Does Not Require Personal Gain; Restitution Offset Appeals Become Moot Once Credit Is Applied 1. Introduction Case:...
Eleventh Circuit Clarifies That Routine Supervision, Non-Impactful Evaluations, and Delayed Resignations Do Not Support Title VII Retaliation or Constructive Discharge Introduction In William Gary v....
Public High School Classroom Displays Are Garcetti “Official-Duties” Speech (Government Speech) in the Second Circuit Case: Dolce v. Connetquot Cent. Sch. Dist. (2d Cir. Aug. 31, 2026) Court: United...
Revenue Rule Does Not Bar Foreign Tax Authority’s Fraud Suit to Recover Refund Payments Where No Tax Was Owed 1. Introduction Skatteforvaltningen v. Markowitz (2d Cir. Aug. 31, 2026) is a bellwether...
Widespread Publicity as Constructive Discovery: Utah Fraud Claims May Be Time-Barred on a Rule 12(b)(6) Motion 1. Introduction In In re: THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS TITHING...
Firearms Are Possessed “In Connection With” Another Felony When They Are Part of a Plan-to-Harm Scheme and Embolden Its Execution Introduction United States v. Dutton (10th Cir. Aug. 31, 2026) is a...
Interlocutory Appeals Require Explicit Designation of Each Appealable Order Under FRAP 3(c)(1)(B); “Merger” Does Not Save an Omitted Preliminary-Injunction Order Case: Utah Vapor Business Association...
Quasi-Judicial Immunity Is Personal-Only; Rule 32 “Other Copying” Fees Must Conform to I.C. § 74-102(10) Introduction In BRYAN D. SMITH v. CHRIS POULTER IN HIS CAPACITY AS BONNEVILLE COUNTY CLERK,...