Rule 60(b)(3) “Misconduct” in the Second Circuit Requires More Than Negligent Discovery Errors Introduction In Adidas America, Inc. v. Thom Browne, Inc. (2d Cir. Apr. 29, 2026), adidas sought to...
Government Employees Not Covered by the LHWCA May Bring Sieracki Unseaworthiness Claims, and State Volunteer Firefighter Exclusivity Cannot Bar General Maritime Negligence 1. Introduction Case: In...
Partial Section 18.001 Counteraffidavits: Unchallenged Medical-Expense Portions Remain Admissible (and Counteraffidavits May Prove the Reasonable Portion) I. Introduction Parties: Tatia Ortiz...
Commissioner’s § 481.034(g) Objections Are Effectively Unreviewable and Not Subject to APA Rulemaking; Courts May Not Enjoin Agencies to “Rewrite” Controlled-Substance Schedules 1. Introduction In...
Eligibility Is Not Entitlement: Discretion to Deny Amendment 821 (Zero-Point Offender) Reductions Under § 3582(c)(2) Based on § 3553(a) 1. Introduction In United States v. Mario Enrique Mendoza...
Eligibility Is Not Entitlement: Discretionary Denial of Amendment 821 § 3582(c)(2) Relief Based on § 3553(a) Offense Seriousness 1. Introduction In United States v. Mario Enrique Mendoza Delgado...
Form-Order Denials of Compassionate Release Must Permit Meaningful Appellate Review (Including Sealed Victim-Impact Materials) Introduction In United States v. Larry Douglas McPherson (11th Cir. May...
AIR21 Back-Pay Mitigation Requires “Reasonable Diligence,” Not a “Gross or Egregious Misconduct” Threshold 1. Introduction Exclusive Jets, LLC v. United States Department of Labor, Administrative...
Plain-Error Shield for Terry Frisks and Career-Offender Predicates: Aggregated Suspicion and “Realistic Probability” in Louisiana Cocaine Cases 1. Introduction In United States v. Young (5th Cir. May...
Norman v. Beaumont ISD — Unpleaded “Context” Cannot Convert a Rule 12(b)(6) Dismissal: Social-Media Critiques of Workplace Leadership Are Not “Public Concern” Without Plausible Allegations 1....
Recall-Petition Signature Threshold in a Charter City Is Based on Total Electors Voting in the Last Mayoral Election, Not Votes Cast for Mayor I. Introduction State ex rel. Shannon v. Ogg, Slip...
Undisclosed Debtor Settlements Are Ineffective Without Rule 9019 Approval; Trustee May Later Obtain Approval on the Same Terms 1. Introduction In re: William F. Carney (3d Cir. May 1, 2026) arises...
People v. Stayner (Cal. 2026): Change-of-Venue Selection Is Limited to Judicial Council–Available Counties; Publicity Comparisons to Unavailable Counties Are Irrelevant 1. Introduction People v....
State v. Morris (2026-Ohio-1519): Article I, Section 10 Right to Counsel Is a “Trial” Right and Does Not Bar Preindictment Interrogation After Counsel Is Appointed Court: Supreme Court of Ohio Date:...
Pattern of Violence, Threats, and Harassment—Even While “Retired” and Pro Se—Establishes Unfitness and Warrants Disbarment 1. Introduction In STATE OF OKLAHOMA ex rel. OBA v. KELLY JOHN BARLEAN, the...
Iowa Elective Share Limited to Revocable Trusts—Assets Held by a Panamanian Private Interest Foundation Are Excluded Case: In the Matter of the Estate of James Edwin Ibeling (Iowa Sup. Ct. May 1,...
Chapter 7 Debtors Lack Bankruptcy Appellate Standing to Unwind § 363 Sales Absent Surplus/Discharge Impact; § 363(n) Avoidance Is Trustee-Only Introduction In Okorie v. Wells Fargo Bank, N.A. (5th...
Thivener v. Nero: Conflicting Evidence Does Not Defeat Probable Cause; Emergency-Aid Entry and Plain-View Digital Seizures at a Suspected Suicide/Homicide Scene Court: Court of Appeals for the Third...
Appellate Waivers Control Anders Appeals; Ineffective-Assistance Claims Generally Deferred to § 2255 1. Introduction In United States v. Divine Zion (3d Cir. Apr. 30, 2026) (nonprecedential), the...
Wakat v. Winn: Appellate Review of Remand Orders When § 1442 Is Asserted, and the Finality Trap for Fee-Award Appeals 1. Introduction Parties and posture. In consolidated appeals, August Wakat (pro...