Strickland Prejudice in § 2255 Requires a Concrete Showing that a Missed U.S.S.G. § 5G1.3(c) Concurrency Argument Would Likely Change the Sentencing Court’s Discretionary Choice 1. Introduction In...
Res Judicata and Absolute Immunities Bar Serial Collateral Civil Suits Over Prior Proceedings Introduction In Jameson Rosado v. Joseph A. Dickson (3d Cir. Aug. 11, 2026) (non-precedential), the Third...
Equitable Tolling for 8 U.S.C. § 1252(b)(1) After Riley and Functional “Final Order” Challenges in Withholding-Only Review Case: Jaime Navarro Cerritos v. Todd Blanche (4th Cir.) Date: August 11,...
Mandamus Compels Lift of Stay for Insurer Duty-to-Defend Declaratory Judgment While Allowing Continued Stay on Indemnity Issues 1. Introduction In Ex parte Association of County Commissions of...
Withdrawn Consent Mid-Procedure: Mississippi Adopts the “Medical Feasibility” Expert-Testimony Requirement for Medical Battery Case: Shani M. Brown v. Dr. Barbara Davey-Sullivan and The Woman's...
Waiver Rule in Medical Malpractice: Unobjected-to Standard-of-Care Testimony (Even If Not Tendered as Expert) Must Be Considered on Sufficiency Review Case: Mary Margaret Upchurch and Rickie Upchurch...
Nexus in Family-Based Asylum Claims Must Turn on Why the Petitioner Was Threatened (Not Why a Relative Was Targeted) Case: Claudia Orellana-Ramos v. Todd Blanche (4th Cir.) Date: August 10, 2026...
Fourth Circuit: MCS-90 Endorsement Obligates Payment Only for Judgments Against the Named Motor-Carrier Insured Case: The Cincinnati Insurance Company v. Levi Owens Court: United States Court of...
Mootness of Interlocutory Appeals After Preliminary Injunction Expiration, and the Tenth Circuit’s Usual Refusal to Vacate Case: Edwards Lifesciences LLC & Edwards Lifesciences Corporation v. Michael...
Producer-Controlled Hiring Defeats Union Liability and “Average Age” Comparisons: ADEA Causation and Hiring-Hall Limits Under Producer’s Choice Introduction In Timothy McLaughlin v. International...
Forfeiture on Petition for Review and the Prejudice Requirement for Administrative-Closure Due Process Claims Case: Deylin Ortega Villalba v. Todd Blanche (6th Cir. Aug. 10, 2026) | Posture: Petition...
Haysbert v. Outback: No Third-Party Standing to Appeal Counsel’s Pro Hac Vice Revocation; Anderson Governs Added Rule 37 Sanctions Beyond Automatic Exclusion Court: United States Court of Appeals for...
Second Amendment Does Not Extend to Unlicensed Export of Firearms Abroad; AECA’s U.S. Munitions List Delegation Sustained 1. Introduction In United States v. Derby Clerfe (3d Cir. Aug. 10, 2026), the...
Standing to Enjoin Allegedly Racist Policing Requires (1) a Plausible Policy/Pattern and (2) a Real, Immediate Personal Threat—Advocacy Resource-Diversion Is Not Organizational Injury Case: NAACP...
Rule 32 Notice Challenges to Sentencing “Extra-Record Facts” Require a Contemporaneous Objection; Record-Based Inferences Defeat Plain-Error Review Introduction In United States v. Trujillo (10th...
ERISA § 1024(b)(4) Requires Disclosure of Administrative Services Agreements That Govern Plan Operations Case: Richard Kelly v. Altria Client Services, LLC (consolidated Nos. 25-1350 & 25-2080) |...
ERISA § 1024(b)(4) Requires Disclosure of Administrative Services Agreements as Instruments “Under Which” a Plan Is Operated Case: Richard Kelly v. Altria Client Services, LLC Court: United States...
Knight v. Methanex USA: Conclusory Safety-Violation Pleadings Do Not Trigger LWCA Intentional-Act Exception; Written Statutory-Employer Clauses Presumptively Bar Negligence Claims for Integral...
Accumulated Record Evidence—Not a Formal Diagnosis—Can Support Mental-Health Supervised-Release Conditions Under Plain-Error Review Introduction In United States v. Wilkerson (5th Cir. Aug. 10, 2026)...
Recklessness for Felony Evasion Under Miss. Code § 97-9-72(2): Dangerous Flight—Not Speed Alone—Supports Conviction 1. Introduction In Elizabeth Ann Bozard a/k/a Elizabeth A. Jones a/k/a Elizabeth...