Forfeiture on Reconsideration: The Fifth Circuit Limits § 922(g)(1) As-Applied Review to the Timely-Made Record and a Simple-Possession Predicate 1. Introduction United States v. Luna (5th Cir. Aug....
Administrative Psychology Confidentiality Rules Cannot Override Court-Ordered Civil Discovery of Raw Psychological Test Data 1. Introduction DAVIS v. DIST. CT. (OHANIAN) (CIVIL), 142 Nev., Adv. Op....
NSCB May Discipline for Below-Trade-Standard Workmanship (Without a Code Violation) and May Proceed After License Expiration; Corporate Qualifier May Be Jointly Liable 1. Introduction In ASSURED...
Fifth Circuit: Unpronounced “Standard” Supervised-Release Conditions Must Be Stricken Absent a Record Basis to Infer Defendant Personally Reviewed the PSR I. Introduction In United States v. Newton...
Third Circuit: Time-Barred § 1983 Claims, No Standing Without Credible Threat of Enforcement, and Conclusory “Conspiracy” Allegations Cannot Salvage a Murky Complaint 1. Introduction In Andre Boyer...
Express Reservation + Needed Factual Development Defeats Implied Waiver of FAA Arbitration Rights Case: Jane Parkin v. Avis Rent a Car System LLC (captioned defendants include Budget Rent A Car...
Silence Is Not “Affirmative Non‑Opposition”: Administrative Closure Requires an Explicit DHS Indication Under 8 C.F.R. § 1003.1(l)(3) 1. Introduction In Ayman Mohamady-Abdelghaffar v. Attorney...
Callais-Driven Vacatur: Section 2 Redistricting Injunctions Must Be Reassessed Under a Strong-Inference-of-Intent and Race–Politics Disentanglement Framework Introduction In Coakley Pendergrass v....
Indiana Sexual Battery “By Force or Imminent Threat of Force” Is a CIMT and May Be Treated as a Particularly Serious Crime Case: Kudzai Shonhai v. Attorney General United States of America (3d Cir....
No Implied Waiver of Arbitration Against Unnamed Class Members Before They Become Parties 1. Introduction Roger Salvatora v. XTO Energy Inc (3d Cir. Aug. 24, 2026) is an interlocutory appeal arising...
Habeas Orders Must Make Claim-by-Claim Findings: Remand Required to Address “Mercy Deadlock” Illegal-Sentence Challenge to Kidnapping Life-Without-Parole Warren H. v. Jonathan Frame, Superintendent,...
State v. Freeman: Continuous Probation Violations May Justify Denial of “Street Time” Credit, but Courts Must Credit Discrete Compliant Periods and Explain Any Denial Introduction In State v. C....
Section 2 Redistricting Injunctions Must Be Vacated and Remanded for Reapplication Under Louisiana v. Callais 1. Introduction This consolidated Eleventh Circuit appeal (captioned in relevant part as...
Member-Specific Capital Loss Carrybacks in New Hampshire Water’s-Edge Combined Reporting Case: Hologic, Inc. v. Comm'r, N.H. Dep't of Revenue Admin., 2026 N.H. 32 (N.H. Aug. 26, 2026) Court: Supreme...
Preliminary Injunction Orders Must Remain Nonfinal Absent Rule 65(a)(2) Consolidation Notice Case: Dillinger's LLC, a Wyoming Limited Liability Company and Ryan Clement, an Individual v. CR-GTD, LLC,...
Noncompliance and Continued Domestic Violence Justify Denial of an Improvement Period and Termination Without Less Restrictive Alternatives 1. Introduction In In re A.B. and S.B. (W. Va. Aug. 25,...
Educational Neglect Established When a Parent Refuses Enrolled School Attendance and Fails to Meet West Virginia Home-Instruction Requirements 1. Introduction Case: In re A.G.-1 and A.G.-2 (Supreme...
Post-Termination Limits: No § 49-4-606 Standing After Termination, and Post-Termination Visitation Requires a Timely Motion or Good Cause 1. Introduction In re C.C.-1, C.C.-2, and A.C. is a...
Consistent Child Disclosures and Forensic Testimony as Clear-and-Convincing Proof of Sexual Abuse Supporting Termination Without Less Restrictive Alternatives 1. Introduction Case: In re D.C.,...
Pleading-Stage Limits on New Liability Theories, Contractual Waiver Enforcement, and Automatic Exclusion for NRCP 16.1 Damages Nondisclosure Introduction In GREEN LEAF FARMS HOLDINGS, LLC v. BELMONT...