establishing-personal-jurisdiction-requires-targeted-activities Case Commentaries

Plain-Error Barrier to Allen-Charge Challenges: Pattern Tenth Circuit Instruction Not “Plainly” Coercive Without Controlling Authority

Date: Jun 2, 2026

Plain-Error Barrier to Allen-Charge Challenges: Pattern Tenth Circuit Instruction Not “Plainly” Coercive Without Controlling Authority 1. Introduction In United States v. Miller (10th Cir. May 28,...

Overbreadth and Nexus: Boilerplate “Drug-Trafficking” Seizure Lists Cannot Ride on Simple Possession Probable Cause; Leon Good-Faith Denied Where Warrant Is Constitutionally Defective

Date: Jun 2, 2026

Overbreadth and Nexus: Boilerplate “Drug-Trafficking” Seizure Lists Cannot Ride on Simple Possession Probable Cause; Leon Good-Faith Denied Where Warrant Is Constitutionally Defective Case: State of...

Attorney Representation Alone Does Not Create “Privity” for Res Judicata in Rhode Island

Date: Jun 2, 2026

Attorney Representation Alone Does Not Create “Privity” for Res Judicata in Rhode Island 1. Introduction In Jay Patel v. John O. Mancini et al. (R.I. May 27, 2026), the Rhode Island Supreme Court...

Mississippi Banks Owe No Tort Duty to Noncustomers for Third-Party Wire Diversions Absent a Direct Relationship

Date: Jun 2, 2026

Mississippi Banks Owe No Tort Duty to Noncustomers for Third-Party Wire Diversions Absent a Direct Relationship 1. Introduction Gemstone Foods, L.L.C. v. JPMorgan Chase Bank, National Association is...

Attempted Evasion + Unknown Community Ties Can Sustain Pretrial Detention for Flight Risk Under § 3142(g) (Even Amid Alleged Burden-Shifting)

Date: Jun 2, 2026

Attempted Evasion + Unknown Community Ties Can Sustain Pretrial Detention for Flight Risk Under § 3142(g) (Even Amid Alleged Burden-Shifting) 1. Introduction In United States v. Perez-Perez (5th Cir....

High-Speed Flight as “Use of Violence” Bars § 3553(f) Safety-Valve Relief

Date: Jun 2, 2026

High-Speed Flight as “Use of Violence” Bars § 3553(f) Safety-Valve Relief 1. Introduction United States v. Phillips (5th Cir. May 28, 2026) addresses a recurring sentencing question in federal drug...

Waiver of Arbitration by Litigation Conduct: Seeking Merits Dismissal and Litigating Without Reserving Arbitration Forfeits the Right to Compel

Date: Jun 2, 2026

Waiver of Arbitration by Litigation Conduct: Seeking Merits Dismissal and Litigating Without Reserving Arbitration Forfeits the Right to Compel 1. Introduction In Global Advantech Resources Limited...

Deference to For-Cause Juror Excusals and No Appellate Relief Based on Unasked Voir Dire Questions (United States v. Ricci)

Date: Jun 2, 2026

Deference to For-Cause Juror Excusals and No Appellate Relief Based on Unasked Voir Dire Questions (United States v. Ricci) 1. Introduction In United States v. Gildo Ricci (4th Cir. May 28, 2026)...

Voluntary Disclosure Participation Does Not Excuse § 7202 Trust-Fund Tax Nonpayment; Indictment May Go to Jury with Limiting Instruction

Date: Jun 2, 2026

Voluntary Disclosure Participation Does Not Excuse § 7202 Trust-Fund Tax Nonpayment; Indictment May Go to Jury with Limiting Instruction 1. Introduction In United States v. Richard Brasser...

Voluntary Disclosure Participation Does Not Excuse Post-Disclosure Trust-Fund Tax Nonpayment Under 26 U.S.C. § 7202

Date: Jun 2, 2026

Voluntary Disclosure Participation Does Not Excuse Post-Disclosure Trust-Fund Tax Nonpayment Under 26 U.S.C. § 7202 I. Introduction In United States v. Gregory Gentner (consolidated with United...

REDA “Protected Activity” Requires More Than Internal Overtime Suggestions; Egregious Policy Breakdowns Support Immediate Termination Absent Title VII Pretext

Date: Jun 2, 2026

REDA “Protected Activity” Requires More Than Internal Overtime Suggestions; Egregious Policy Breakdowns Support Immediate Termination Absent Title VII Pretext Muminatou Bah v. Sampson Bladen Oil...

U.S.S.G. § 2K2.1(c)(1) Requires Explicit Findings Linking the Firearm of Conviction to the “Other Offense”

Date: Jun 2, 2026

U.S.S.G. § 2K2.1(c)(1) Requires Explicit Findings Linking the Firearm of Conviction to the “Other Offense” Case: United States v. Jonathan Revels (No. 23-4688) Court: U.S. Court of Appeals for the...

Administrative “First Among Equals” Status of a Chief Judge Does Not Trigger § 455(a) Recusal; Immunities and Plausibility Requirements Bar Collateral “Fraud on the Court” Suits

Date: Jun 2, 2026

Administrative “First Among Equals” Status of a Chief Judge Does Not Trigger § 455(a) Recusal; Immunities and Plausibility Requirements Bar Collateral “Fraud on the Court” Suits 1. Introduction In...

Constructive Possession Proven by Coordinated Flight, Bag-Handling, and DNA Evidence; Co-Defendant Disparity Claims Fail Where Defendants Are Not Similarly Situated

Date: Jun 2, 2026

Constructive Possession Proven by Coordinated Flight, Bag-Handling, and DNA Evidence; Co-Defendant Disparity Claims Fail Where Defendants Are Not Similarly Situated 1. Introduction In United States...

Constructive Possession May Be Proved by Flight, Coordinated Concealment, Video Identification, and DNA—And § 3553(a)(6) Does Not Require Co‑Defendant Parity

Date: Jun 2, 2026

Constructive Possession May Be Proved by Flight, Coordinated Concealment, Video Identification, and DNA—And § 3553(a)(6) Does Not Require Co‑Defendant Parity 1. Introduction United States v. Kenan...

Constructive Possession in Firearm Cases: Flight, Coordinated Concealment, and DNA Evidence Can Surpass “Mere Proximity” (Third Circuit, Nonprecedential)

Date: Jun 2, 2026

Constructive Possession in Firearm Cases: Flight, Coordinated Concealment, and DNA Evidence Can Surpass “Mere Proximity” (Third Circuit, Nonprecedential) I. Introduction In United States v. Kenan...

Colorado River Abstention Rejected in Parallel Foreclosure-Related Federal Suit; Rule 8 Dismissal “With Prejudice” Operates as Merits Judgment for Claim Preclusion; Abuse-of-Process Timeliness Clarified

Date: Jun 2, 2026

Colorado River Abstention Rejected in Parallel Foreclosure-Related Federal Suit; Rule 8 Dismissal “With Prejudice” Operates as Merits Judgment for Claim Preclusion; Abuse-of-Process Timeliness...

COGSA’s One-Year Time Bar Applies to Misdelivery Claims Styled as Fraud; Misdelivery Is Not Deviation and Deviation Does Not Void the Limitations Period

Date: Jun 2, 2026

COGSA’s One-Year Time Bar Applies to Misdelivery Claims Styled as Fraud; Misdelivery Is Not Deviation and Deviation Does Not Void the Limitations Period 1. Introduction SLT Imports, Inc. (a New...

Qualified Immunity for Officers Who Disseminate Death-Scene Images Absent Clearly Established Fourteenth Amendment Privacy Right

Date: Jun 2, 2026

Qualified Immunity for Officers Who Disseminate Death-Scene Images Absent Clearly Established Fourteenth Amendment Privacy Right Case: Karen Brookins v. City of Philadelphia (3d Cir. May 29, 2026)...

Conditional Faretta Requests Do Not Trigger Self-Representation; Franks Hearings Require Materiality; Pandemic and State-Custody Delays Often Defeat Sixth Amendment Speedy-Trial Claims

Date: Jun 2, 2026

Conditional Faretta Requests Do Not Trigger Self-Representation; Franks Hearings Require Materiality; Pandemic and State-Custody Delays Often Defeat Sixth Amendment Speedy-Trial Claims Introduction...