Plausibility Is Defeated When the Complaint Supplies a Non-Discriminatory Termination Rationale; § 1981 Requires But-For Causation at the Pleading Stage 1. Introduction In Munther Qader v. Federal...
Unverified Pleadings, Non-Comparable Comparators, and Perfunctory Appellate Briefing Cannot Defeat Summary Judgment in Title VII/MFEPA/§§1981–83 Employment Cases Case: Mitchell Waters v. The Mayor...
ERISA § 514(a) Preempts Provider Defamation Claims Based on EOB Statements Explaining Benefit Denials Introduction In Jeffrey Ahn v. Cigna Health and Life Insurance Company, the United States Court...
United States v. Darby: Vicinage-Clause Jury-District Objections Are Waivable Absent a Timely Voir Dire Objection 1. Introduction In United States v. David Darby (3d Cir. June 24, 2026) (not...
Extending Burlington Northern: The Third Circuit Adopts Title VII’s “Materially Adverse” Standard for ADA and FMLA Retaliation Case: Jeffrey Steidle v. United States Liability Insurance Co., Inc....
Judicial Review Is Available for Antiquities Act Monument Proclamations When Plaintiffs Allege the President Exceeded Discernible Statutory Limits 1. Introduction Case: Garfield County, Utah v. Trump...
Rule 41(b)(3) Extra-District Warrants: Probable Cause That Activities Meet the Domestic-Terrorism Definition Suffices 1. Introduction United States v. James Morgan (7th Cir. June 25, 2026) addresses...
STC Codes and Course of Dealing Can Establish a “Written Agreement” Limiting Carmack Liability Without an Express Dollar Cap on the Bill of Lading 1. Introduction Certain Underwriters at Lloyd’s...
Immediate-Donation Panhandling Bans Are Content-Based; Standing and Relief Must Be Provision- and Party-Specific Introduction Case: Dennis Scott v. City of Daytona Beach, Florida (11th Cir. June 25,...
Missouri Judge-Sentencing Rule: Clark/Fassero Preponderance Limits Do Not Extend to Judicial Sentencing, and Watts Is Inapplicable Outside Federal Guidelines Case: State vs. Harris (No. SC101233)...
§ 432.070 and Sovereign Immunity Bar Municipal “Money Had and Received” Refund Suits Premised on Implied Waste-Service Obligations 1. Introduction In State ex rel. City of St. Louis v. The Honorable...
Sovereign Immunity as a Plaintiff’s Prima Facie Burden in Municipal Indemnification Actions 1. Introduction Holmes vs. Zellers, decided en banc by the Supreme Court of Missouri on June 23, 2026,...
Unpreserved Erlinger-Based Persistent-Offender Errors Require Plain-Error Manifest Injustice (Not Automatic Reversal); Certified Out-of-State Records May Prove Felony Status 1. Introduction In State...
Wilson v. State: Prima Facie Showing Triggers a Mandatory Hearing and Expert Testimony on SVP Removal Indiana Supreme Court (26S-CR-197) — June 23, 2026 (Goff, J.) Concurrence in part and in the...
Rule 8.4(g) “Professional Capacity” Defined: A Substantial-Connection Test for Biased or Prejudicial Lawyer Conduct Case: In the Matter of Robert James Hardy Jr. (Supreme Court of Indiana, June 23,...
Unamended EEOC Charge Limits Judicial Claims: Discrete Termination and Hostile-Work-Environment Allegations Must Be Administratively Exhausted Case: Kathleen Safford v. Sedgwick Claims Management...
Anders Dismissal with Limited Review and Enforced Waiver of Sentencing/Release-Condition Objections in a Multi-Count Violent-Crime Sentence 1. Introduction In United States v. Dwight Hasberry, the...
No Plain-Error Right to Specific Unanimity on the Timing of § 924(c) Possession “In Furtherance,” and Fleeting Gang References Rarely Justify a Mistrial Introduction In United States v. Chicoby...
Rule 11(c)(1) Plea-Participation Violations After a Jury Trial: Lafler-Style Prejudice and Harmlessness Where Acceptance-of-Responsibility Would Not Change the Sentence I. Introduction United States...
Pleading Constructive Knowledge Under Arkansas’s Broyles Act: “Red Flags” Can Defeat a Service-Provider Exemption at the Motion-to-Dismiss Stage 1. Introduction Mike Huckabee v. Meta Platforms, Inc....