Third Circuit: Warrant (or Exigency) Required for Strip Searches Incident to Arrest Outside Jail/Prison Intake I. Introduction In Kyle Beatty v. Clinton Gardner (3d Cir. Sept. 16, 2026), the Third...
Fifth Circuit Clarifies De Novo Sufficiency Review for Inherent-Power Bad-Faith Sanctions in Bankruptcy and Reaffirms “But-For” Fee Causation I. Introduction NexPoint Real Estate Partners, L.L.C....
Paid Administrative Leave Plus Disciplinary Investigation May Be Materially Adverse Under Burlington; Independent Investigation Can Break Retaliation Causation I. Introduction Crawford v. West Texas...
Policy Amendments Do Not Moot Similar Speech Restrictions; Plaintiffs Clearly Covered by a Curfew Lack Vagueness Standing but May Pursue Facial Overbreadth and Pre‑Enforcement “Chilling” Challenges...
Separate Sentencings Can Defeat the USSG § 4C1.1 “Zero-Point Offender” Reduction and Support Assumed-Error Harmlessness Review in Guidelines Disputes 1. Introduction United States v. Robin Johnson is...
Nevada: Fee-Splitting Alone Does Not Create a Joint Venture for Malpractice Vicarious Liability Without Shared Control and Loss-Sharing 1. Introduction In HARPER v. BRUCE G. FAGEL, A LAW CORP. (Nev....
NRS 176.09183 Requires a Showing that New DNA Testing Could Have Prevented Prosecution Despite Other Circumstantial Evidence 1. Introduction In PINEDA-LAURENCIO (YIORKIS) v. STATE (CRIMINAL) (Nev....
Interstate Handgun Purchase Bans Are Presumptively Unconstitutional Under Bruen and Fail Without Founding-Era Analogues 1. Introduction In Elite Precision v. ATF (5th Cir. Sept. 18, 2026), the Fifth...
Enforcing Appeal Waivers After Hunter I: Ordinary Guidelines Disputes (Including Career-Offender Classification) Are Not “Miscarriages of Justice” I. Introduction United States v. Chaney (5th Cir....
Title-Insurance Damages Use Market Value of Title “As Insured” (Not Current Use) and Mandatory Prejudgment Interest Runs From the Policy’s Payment-Due Date 1. Introduction In Hayden Holdings, Ltd v....
No Partial PPP Forgiveness for Corporate-Group-Cap Violations Under SBA’s Corporate Group Rule Introduction In Celebrity of Springfield LLC v. SBA, the U.S. Court of Appeals for the Third Circuit...
Adverse Credibility Upheld Where Inconsistencies Are Material and Testimony Is Implausible; Unraised CAT Arguments Are Forfeited 1. Introduction In Arianne Bracho Hernandez v. Attorney General United...
Child-Welfare Investigations: Warrantless Home Entry Requires Consent, Warrant, or Imminent-Danger Exigency; “Dodd” Removals Satisfy Due Process Only When Constitutional Imminent Harm Exists I....
Uncorroborated “Agitated Caregiver” Report Cannot Justify Warrantless Child-Welfare Home Entry; Emergency Child Removals Must Meet a Constitutional “Imminent Harm” Standard (Though Qualified Immunity...
Reconsidering Youngblood Under Michigan’s Due Process Clause for Destroyed Police Interview Recordings 1. Introduction People of Michigan v. Dangelo Ladonn McWilliams (Mich Sup Ct, Sept 17, 2026)...
Third-Country Removals Require Effective Notice and a Meaningful Opportunity to Raise Fear-Based Claims (and APA Vacatur/Declaratory Relief Survive INA § 1252(f)(1)) Case: D.V.D. v. U.S. Department...
FIFRA Stop-Sale Orders: Unsubstantiated “Device” or “Treated Article” Exemption Claims Do Not Defeat EPA’s “Reason to Believe” Case: Berkey International, LLC v. U.S. Environmental Protection Agency...
Abraham v. Arizona Board of Regents: De Novo Review, Post-Request Destruction as Denial, and “Substantially Prevailed” Measured Across the Entire Public-Records Dispute I. Introduction Parties: Dr....
Show-Up Identifications Are Not “Unduly Suggestive” Absent Police Aggravation; Context Controls Whether Officers “Coached” an Identification Case: United States v. Leonon Ricky Davis (11th Cir. Sept....
Seventh Circuit Tightens § 10(j): No Presumed Irreparable Harm; Specific, Employee-Rights-Focused Proof Required (and Delay Undercuts Relief) Case: Angie Cowan Hamada v. Laborforce, LLC, No. 25-3110...