Tenth Circuit: Ultra Vires Exception Allows Judicial Review of Antiquities Act Monument Proclamations Where Statute Imposes Discernible Limits Case: Dalton v. Trump (consolidated appeals Nos. 23-4106...
Spending Clause Statutes Cannot Impose Individual-Capacity Liability Without Voluntary and Knowing Consent Case: Landor v. Louisiana Dept of Corrections and Public Safety (U.S. Supreme Court, June...
Unsafe-Distance High-Velocity Pepper Spray to a Restrained Detainee Violates Clearly Established Fourth Amendment Law 1. Introduction Sanchez v. Nunemaker (5th Cir. June 23, 2026) arises from a...
United States v. Long: Separate-Case Informant Perjury Is Not Brady-Material When the Verdict Is Strongly Corroborated I. Introduction In United States v. Long (5th Cir. June 23, 2026) (per curiam)...
FCRA “Credit-Report Pull” Claims After Charge-Off Fall Within Broad Cardholder Arbitration Clauses 1. Introduction In Deborah Glover v. Merrick Bank (3d Cir. June 22, 2026) (not precedential), the...
Borrowed-Servant Immunity Under Pennsylvania Workers’ Compensation Act Requires a Jury When Evidence of Control Is Conflicting in Federal Task-Force Operations I. Introduction Case: Michael Trently...
Actual-Innocence Gateway Requires Clear-and-Convincing Rebuttal of State Credibility Findings (and Freestanding Innocence Requires Even More) 1. Introduction In Jumar House v. Jeffrey Wehking, No....
Rule 54’s 14-Day Deadline Bars Belated Appellate-Fee Requests, Even After an Appeal Is Affirmed Case: Merchant v. Merchant (5th Cir. June 22, 2026) (per curiam) (not designated for publication)...
Arresting for Refusal to Identify After Detention Ends Lacks Probable Cause (and “Interference” Requires More Than Argument) I. Introduction Comichi v. Pethel (5th Cir. June 23, 2026) arises from a...
Loper Bright Does Not Excuse Failure to Exhaust a BLBA Regulatory Challenge Before the ALJ and Benefits Review Board 1. Introduction In Extra Energy, Incorporated v. DOWCP (4th Cir. June 23, 2026)...
Upward Variance Above § 924(c) Mandatory Minimum Upheld Where Record-Based § 3553(a) Explanation Justifies the Extent of the Variance (Anders Dismissal) 1. Introduction United States v. Marris (10th...
ADA Accommodation Limits: No Right to an In-Place Promotion, and an Employee Who Declines the Interactive Process Cannot Prove Failure to Accommodate Case: Michael Jezior v. City of Chicago Court:...
Express Bench-Trial Waiver and Invited-Error Bar in ACCA Different-Occasions Litigation After Erlinger I. Introduction In United States v. Daniel DeWayne Conner (11th Cir. 2026-06-24) (unpublished,...
Sixth Circuit: No Plain-Error Requirement for Date/Time Unanimity in § 924(c) “In Furtherance” Possession; Fleeting Gang References and Cumulative-Impeachment Exclusions Treated as Harmless...
Fleeting Gang References and Timing Disagreement Do Not Require Mistrial or Specific Unanimity in § 924(c) Cases Absent Binding Authority I. Introduction In United States v. Jerlen Horton,...
Title III Limits: Self-Created Statewide Voter Databases Are Not Records that “Come Into” an Election Official’s Possession; DOJ Demands Must State Both Basis and Purpose 1. Introduction United...
No Duty to Protect an Independent Contractor from an Undisclosed, Self-Devised “Visual Inspection” Method; Proximate Cause Requires Evidence the Defendant’s Acts Would Have Prevented the Injury 1....
Rule 8 Requires Coherent Pleading—Exhibits and “Incorporation by Reference” Cannot Substitute for a Short and Plain Statement 1. Introduction In Jeffrey Luffman v. Collinsville Community Unit School...
Strict Rule 56.1 Enforcement and FMLA Third-Opinion Noncooperation: Seventh Circuit Affirms Summary Judgment in Brown v. Chicago Transit Authority 1. Introduction Russia Brown v. Chicago Transit...
TCPA Vicarious Liability in Multi-Tier Telemarketing Requires Authority at Each Delegation Level; Treble Damages Require Knowing or Reckless Violations Case: Robert Hossfeld v. Allstate Insurance...