State Action in § 1983 Under § 1331 Is a Merits Element (Not Jurisdiction) and Colorado Child Legal Representatives Are Not State Actors I. Introduction In Gladstone v. Tarrin (10th Cir. Aug. 18,...
Law-of-the-Case Bars Repackaged Challenges to an Enforced Appeal Waiver in Serial Contempt Appeals 1. Introduction Case: In re: Contempt Proceedings Against Carpenter (10th Cir. Aug. 18, 2026)....
Coram Nobis After a Guilty Plea: Anonymous “Whistleblower” Allegations Must Show a Diligent, Plea-Related Miscarriage of Justice I. Introduction In United States v. Migliaccio (10th Cir. Aug. 18,...
Illinois Defamation and Paywalled Journalism: Innocent Construction Applies Where the Public Preview Supports a Non-Defamatory Reading; Per Quod Requires Non-Speculative Special Damages Under Rule...
Class-Action Arbitration Waiver: Pre-Certification Conduct Counts; Lakeridge-Guided Appellate Review of Orders Denying Motions to Compel 1. Introduction In George Moore v. Club Exploria, LLC (7th...
Sworn Evidence of Unavailable Grievance Appeals Bars PLRA Exhaustion Summary Judgment; Court Must Use Pavey Hearing or Jury if Merits-Intertwined Case: Lawrence Burns v. Sterling Polk (and John...
Co-Worker Harassment Under Title VII: Isolated Slurs, Overheard Remarks, and Hearsay Generally Do Not Satisfy the “Severe or Pervasive” Standard I. Introduction In Michelle Strickland v. Thomas Dart,...
Indiana Cannot Enforce “Aid-or-Assist” Against Truthful Out-of-State Abortion Information and Referrals to Minors: Content/Viewpoint-Based Speech Restriction Fails Strict Scrutiny I. Introduction...
Supervisory “Authorship” Satisfies the Confrontation Clause for Regulatory Examination Memoranda in Bank-Fraud Trials I. Introduction United States v. Miroslaw Krejza (7th Cir. Aug. 18, 2026) arises...
Bankruptcy Courts Must Explain Pioneer Excusable-Neglect Rulings and Give Heightened Rule 41(b) Notice Before Dismissing for Counsel’s Missed Pretrial Deadlines Case: In re: John S. Biedka; Raenette...
Fundamental Fairness Limits § 12-63c Penalties When the Assessor’s Notice Is Not Reasonably Calculated to Reach the Owner 1. Introduction In Greenwich Retail, LLC v. Greenwich (Concurrence &...
Qualified Immunity in Child-Removal Cases: Family-Integrity Right Not “Clearly Established” Where a Court-Ordered Removal Rests on Undisputed Evidence of Physical Altercation and Alleged Affidavit...
Randel v. Travelers Lloyds of Texas: Mandate-and-Forfeiture Limits on Remand and Appeal in Texas Insurance Prompt-Payment Litigation I. Introduction Parties: Randy and Debra Randel...
Facially Valid Bench Warrants Defeat False Arrest and Malicious Prosecution; Conclusory Allegations Do Not Overcome Qualified Immunity Case: Williams v. Town of Clinton (5th Cir. Aug. 17, 2026) (per...
ERISA Loss Causation in the Eleventh Circuit: “Apples-to-Apples” Comparators Are Permissive, Not Mandatory, for Proving Objective Imprudence Case: Ann Johnson v. Russell Investments Trust Company...
Notice “Reasonably Calculated” Is Required Before a Clerk Escheats Court-Registry Funds Under Fla. Stat. § 116.21; Unnoticed “Abandonment” Cannot Defeat a Takings Claim Introduction In Blake Warner...
Temporary Custody Participation Does Not Constitute Hague “Acquiescence”; Habitual Residence Is Fixed at the Date of Wrongful Retention I. Introduction Giguere v. Tardif (1st Cir. Aug. 17, 2026) is a...
First Circuit: § 6213(a)’s 90-Day Tax Court Filing Deadline Is Nonjurisdictional but Mandatory and Not Equitably Tollable 1. Introduction Kyick Holdings, LLC v. Commissioner of Internal Revenue...
Rule 8 Fair-Notice Requirement: Agency/Alter-Ego Liability Must Be Pleaded (Not Raised at Summary Judgment or Trial) in Diversity Contract Disputes 1. Introduction Jiangmen Benlida Printed Circuit...
Deliberate-Ignorance Instruction Properly Given Where SBA Loan Fraud Evidence Shows Evasive Statements and “Sign, Sign, Sign” Avoidance of Loan Terms Introduction In United States v. Barrett Purvis...