State-Law Illegality Is Not Automatically “Undue Hardship” Under Title VII: Justice Gorsuch’s Preemption-Based Critique in Doe v. Hochul Case: John Doe, et al. v. Kathy Hochul, Governor of New York,...
Undisputed “Impact” Satisfies Oklahoma COVID-19 Act Immunity (Ordinary Negligence Bar), While PREP Act Immunity Requires a Direct Causal Nexus to a Covered Countermeasure I. Introduction BURGESS v....
Sovereign-Citizen Rhetoric Does Not Trigger Renewed Faretta or Competency Proceedings Absent Concrete Indicators of Incapacity I. Introduction In United States v. Lorin Kal Buckner (6th Cir. June 29,...
Probable Cause to Arrest for Ohio Aggravated Menacing Is Not Defeated by an Unresolved Stand-Your-Ground Claim; No Sixth Circuit “Staged Perp Walk” Fourth Amendment Privacy Tort I. Introduction Case:...
Objective “Legitimate Medical Purpose/Usual Course” Criteria Remain Valid to Prove Post-Ruan Mens Rea Under the CSA; Masked-Witness Confrontation Claims Require Prejudice on Plain-Error Review I....
Rule 41(b) Dismissal Without Prejudice for Violating Service-Compliance Orders—No Heightened Ehrenhaus Review Absent a Developed “Practical With-Prejudice” Showing I. Introduction In Bolongia v....
Insurer-Retained Investigators Act in a Representative Capacity and Cannot Be Liable for Tortious Interference or Civil Conspiracy Targeting the Insurance Contract Introduction In COMMUNITY...
Reasoned Union Investigation and Declination to Arbitrate Is Not “Arbitrary” in Hybrid § 301 Actions I. Introduction In Marcus Pierce v. Schwebel Baking Co., the Sixth Circuit addressed a common...
Voluntary Absence Waives Presence and Allocution at Resentencing; Law-of-the-Case Bars New Quantity Challenges After Limited Remand I. Introduction In United States v. Wendell Adrian Brown (6th Cir....
State Environmental Enforcement Claims May Be Severed and Remanded After Third-Party Federal-Officer Removal; Law-of-the-Case Bars Renewed “Acting Under” Theory I. Introduction In Mich. Dep't of...
Qualified Immunity for Arrest-Injury During Attempted Warrantless Home Entry Requires Fact-Pattern “Particularized” Excessive-Force Precedent 1. Introduction Dana Little v. City of Owensboro,...
Background-Investigation Evidence in Drug Conspiracies and “Good Cause” Limits on Substituting Appointed Counsel I. Introduction United States v. Freddie Sanchez (6th Cir. June 29, 2026) arises from...
United States v. Freddie Sanchez: “Background Evidence” Outside Rule 404(b) in Drug Conspiracy Trials and the “Good Cause” Threshold for Substituting Appointed Counsel 1. Introduction In United...
Sovereign-Citizen-Style Filings Do Not Trigger Renewed Faretta or Competency Proceedings Absent a “Deeper Breakdown in Cognitive Ability” Introduction In United States v. Lorin Kal Buckner (6th Cir....
Rule 32.2(b)(4)(B) Is a Time-Related Directive: Late-Imposed Forfeiture Is Reviewed for Harmless Error (and Usually Won’t Be Vacated Absent Prejudice) Case: United States v. Jeremy Wayne Harrell (No....
Post-Ruan CSA Prosecutions: Objective “Legitimate Medical Purpose/Usual Course” Criteria Remain Valid, and Masked Witness Testimony Is Not Plain Error Absent Prejudice Case: United States v. Bernard...
Smucker v. ACE: Under Ohio’s “Cause” Test, a Product-Contamination Event Is One Occurrence; Ambiguous Lot Endorsements Do Not Multiply Retained Limits Case: The J.M. Smucker Company v. Ace American...
Police Liability for Self-Help Residential Evictions Based on Estate Papers Without Court Process: Active Participation Constitutes an Unreasonable Fourth Amendment Seizure 1. Introduction Mary Ann...
Potential-Claim Notice Must Be Given During the Policy Period, Not the Extended Reporting Period, to Preserve Coverage Under a Claims-Made Legal-Malpractice Policy (Sixth Circuit, Michigan Law) 1....
State v. Lee: Mandatory N.J.R.E. 104 Reliability Hearings for Challenged Fingerprint (ACE-V) Evidence Under Olenowski I 1. Introduction In State v. French G. Lee (N.J. June 29, 2026), the Supreme...