Generalized Mental-Health Allegations Do Not Warrant a Postconviction Competency Hearing Absent Facts Showing Probable Incompetence Case: State v. Kellogg, 321 Neb. 502 (Neb. May 29, 2026) | Court:...
State v. Rohena: Independent-Source Admission of In-Court Identifications After a Suppressed Out-of-Court Identification (Especially Where the Witness Is Familiar with the Defendant) Supreme Court of...
Iowa Savings Statute Applies After Voluntary Dismissal Triggered by Post-Miller Certificate-of-Merit Defect Absent Negligence 1. Introduction Case: Michael Trask v. Amar F. Ahmed, M.D.; Sandro...
Habitual Offender Enhancement Under Iowa Code § 902.8 Depends on Two Prior Convictions—Hollins Sequencing Limited to Same‑Day Convictions 1. Introduction State of Iowa v. Richard Allen Sharples...
Iowa: Certificate of Merit Not Required for Informed-Consent Claims Under Iowa Code § 147.140 Case: Margaret Lofgren, both individually and as administrator of the Estate of Louden P. Lofgren v....
No Per Se Quantitative-Dose Requirement for General Causation in Fifth Circuit Toxic-Tort Cases—But Experts Must Link the Plaintiff’s Exposure to a Specific Causal Agent and the Specific Cancer Case:...
Express Reopening Conditions Govern Administrative Closures: Only a Transfer “Out Of” the Facility Triggers Reopening I. Introduction In Vreeland v. Jacobson (10th Cir. May 27, 2026), a Colorado...
Delegated Arbitrability Binds Courts: Arbitrator May Permit Litigation of Non-Signatory Tort Claims Absent an Arbitration Agreement Case: SJH 11 LLC v. Dowbuilt, Inc. (No. 25-8037) — United States...
Nonappealability of Mediation-Deferral Orders that Deny Immunity Motions Without Prejudice and Suspend Litigation Burdens (28 U.S.C. § 1291) I. Introduction Lopez v. Ramirez (5th Cir. May 27, 2026)...
USSG § 2K2.1(a)(3) Large-Capacity Magazine Enhancement Applies Without Knowledge; Lack of Knowledge Is Only Mitigation for § 3553(a) I. Introduction Case: United States v. Travis Lee Morgan (Fourth...
Waiver of State Jury-Trial Claims in Agency Enforcement and Deference to Preclusive Agency Factfinding in Excessive-Fines Review I. Introduction SmartEnergy Holdings, LLC v. Frederick Hoover (4th...
Bowman Wrongful-Discharge Claims Must Rest on an Explicit Virginia Statute (Not a Regulation), and VWPA Protection Requires Reporting a Legal Violation (Not Merely “Inappropriate” Conduct) I....
Fourth Circuit: No Federal Jurisdiction for Post-Judgment Veil-Piercing to Collect WARN Act/ERISA Money Judgments from Nonparties 1. Introduction Tony Messer and other former employees of Bristol...
Third Circuit Reaffirms Enforcement of Broad Plea-Agreement Appellate Waivers Absent a “Miscarriage of Justice” Introduction In United States v. Leroy Roebuck, Jr. (3d Cir. May 27, 2026), the Court...
Third Circuit: Unpreserved Public-Trial Violations from COVID-Era Closures and Spectator Exclusions May Not Merit Reversal Under Plain-Error Prong Four Case: United States v. Kareem Harry (with...
Session-Replay Privacy Suits Require Concrete, Traditionally Analogous Harm—Statutory Labels and Anonymized Tracking Alone Do Not Create Article III Standing Case: Malinda Smidga v. Spirit Airlines,...
Living at the Drug-Distribution Location “Easily Proves” Maintaining a Premises Under U.S.S.G. § 2D1.1(b)(12) Without Ownership, and Unobjected PSR Facts Control I. Introduction In United States v....
Duress in Illegal-Reentry Cases: Telephone Threats and Speculative Surveillance Are Insufficient to Show an “Immediate Threat” 1. Introduction In United States v. Bustillos-Perea (10th Cir. May 29,...
Telephone Threats and Speculative Surveillance Are Insufficient “Immediacy” for a Duress Defense to Unlawful Reentry 1. Introduction In United States v. Bustillos-Perea (10th Cir. May 29, 2026)...
Uncharged Tax-Year Loss Counts as Relevant Conduct When a Defendant Continues the Same Evasion Scheme, and “Sophisticated Means” Applies Even if the Scheme Was Purchased Introduction In United States...