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

Reverse-Payment Antitrust Standing Requires Proof the FDA Would Have Approved Earlier (Not Merely Could Have)

Date: Aug 14, 2026

Reverse-Payment Antitrust Standing Requires Proof the FDA Would Have Approved Earlier (Not Merely Could Have) Case: In re: Lipitor Antitrust Litigation (3d Cir. Aug. 13, 2026) (not precedential) Core...

State v. Sliger: “Foreign Substances” in Breath Testing Means Substances Capable of Affecting Reliability; Expert Testimony May Be Required in Debatable Cases

Date: Aug 14, 2026

State v. Sliger: “Foreign Substances” in Breath Testing Means Substances Capable of Affecting Reliability; Expert Testimony May Be Required in Debatable Cases 1. Introduction Case: State v. Sliger,...

People v. Hernandez — § 1473.7 “Error” Turns on Subjective Understanding Under the Totality of Circumstances; § 1016.5 Advisements Are Relevant but Not Dispositive

Date: Aug 14, 2026

§ 1473.7(a)(1) Relief: “Error” Is Measured by the Defendant’s Subjective Understanding Under the Totality of Circumstances—A § 1016.5 Advisement (Even Signed and Initialed) Is Not Dispositive Case:...

Mansfield v. State: No Sua Sponte Rule 403 “Pruning” of Graphic Evidence Absent Objection Under Plain-Error Review

Date: Aug 14, 2026

Mansfield v. State: No Sua Sponte Rule 403 “Pruning” of Graphic Evidence Absent Objection Under Plain-Error Review Introduction Case: Mansfield v. State, Supreme Court of Georgia (Aug. 13, 2026)....

Social Media Posts and 911 CAD Logs as “Original Documentary Evidence” (Continuing Witness Rule); Gang-Nexus Mischarge Requires Prejudice on Plain-Error Review

Date: Aug 14, 2026

Social Media Posts and 911 CAD Logs as “Original Documentary Evidence” (Continuing Witness Rule); Gang-Nexus Mischarge Requires Prejudice on Plain-Error Review 1. Introduction In CLIFTON v. THE STATE...

Coram Nobis Relief Demands Diligence and an “Obvious” Miscarriage of Justice; Tailored Filing Restrictions Upheld

Date: Aug 14, 2026

Coram Nobis Relief Demands Diligence and an “Obvious” Miscarriage of Justice; Tailored Filing Restrictions Upheld Case: United States v. Moreno (10th Cir. Aug. 13, 2026) (Order and Judgment,...

Reverse-Payment Antitrust Standing Requires Proof the FDA “Would Have” Approved Earlier (Not Merely “May Have”)

Date: Aug 14, 2026

Reverse-Payment Antitrust Standing Requires Proof the FDA “Would Have” Approved Earlier (Not Merely “May Have”) Case: In re: Lipitor Antitrust Litigation (3d Cir. Aug. 13, 2026) (Not Precedential)...

Stress Is Not an Adverse Employment Action: Post-Muldrow Identifiable-Term Harm and Unchanged Hostile-Environment Thresholds Under Title VII

Date: Aug 14, 2026

Stress Is Not an Adverse Employment Action: Post-Muldrow Identifiable-Term Harm and Unchanged Hostile-Environment Thresholds Under Title VII I. Introduction In Gersen Gabriel v. DSM Biomedical, Inc....

Wisconsin Supreme Court Signals Willingness to Fast-Track Petitions for Review in Election Cases Through Accelerated Response and Amicus Deadlines

Date: Aug 14, 2026

Wisconsin Supreme Court Signals Willingness to Fast-Track Petitions for Review in Election Cases Through Accelerated Response and Amicus Deadlines 1. Introduction Case: Democratic National Committee...

Reverse-Payment Standing Requires Proof the FDA Would Have Approved Earlier (Not Merely Could Have)

Date: Aug 14, 2026

Reverse-Payment Standing Requires Proof the FDA Would Have Approved Earlier (Not Merely Could Have) I. Introduction In re: Lipitor Antitrust Litigation (3d Cir. Aug. 13, 2026) is a Hatch-Waxman...

Seventh Circuit: No Third-Party Beneficiary or Broker Duty to Non-Insured Claimants to Provide Notice to the Insured’s Professional Liability Carriers

Date: Aug 14, 2026

Seventh Circuit: No Third-Party Beneficiary Status—and No Broker Notice Duty to Non-Insured Claimants—Absent Explicit Contractual Intent Case: Robert Ferguson v. Aon Risk Services Companies, Inc....

Minor v. State: Rule 701 Familiarity-Based Video Identifications and Harmless-Error Review of Unconstitutional (But Hidden) Shackling

Date: Aug 14, 2026

Minor v. State: Rule 701 Familiarity-Based Video Identifications and Harmless-Error Review of Unconstitutional (But Hidden) Shackling 1. Introduction In Minor v. State (Supreme Court of Georgia, Aug....

Changed-Country-Conditions Motions to Reopen Must Compare to Conditions at the Original Merits Hearing (Not Later Benchmarks)

Date: Aug 14, 2026

Changed-Country-Conditions Motions to Reopen Must Compare to Conditions at the Original Merits Hearing (Not Later Benchmarks) 1. Introduction Ala Rahim Yonan v. Todd Blanche (Sixth Circuit, Aug. 13,...

Non‑Signatory Enforcement of Delegation Clauses: Courts Decide; State Law Governs Equitable Estoppel Even Under FAA Chapter 2

Date: Aug 14, 2026

Non‑Signatory Enforcement of Delegation Clauses: Courts Decide; State Law Governs Equitable Estoppel Even Under FAA Chapter 2 Case: Taewoo Kim v. Jump Trading, LLC Court: United States Court of...

United States v. Gigena — Federal-Officer Element Under 18 U.S.C. §§ 111/1114 Satisfied by Task-Force Deputization or “Assisting” Status Without MOU Formalities

Date: Aug 14, 2026

Federal-Officer Element Under 18 U.S.C. §§ 111/1114 Satisfied by Task-Force Deputization or “Assisting” Status Without MOU Formalities 1. Introduction In United States v. Gigena (10th Cir. Aug. 13,...

United States v. Abdo: Circuit Split Bars Plain-Error Reversal of § 2B1.1(b)(9)(A) “Acting on Behalf of a Charity” Enhancement in For-Profit Investment Fraud

Date: Aug 14, 2026

Circuit Split Bars Plain-Error Reversal of U.S.S.G. § 2B1.1(b)(9)(A) “Acting on Behalf of a Charity” Enhancement in For-Profit Investment Fraud 1. Introduction In United States v. Henry Abdo (11th...

§ 2255 Evidentiary Hearings After Record Expansion: No Hearing to “Conjure” a Plea Deal—Movant Must Plead a Specific Deficiency and a Record-Based Probability He’d Accept the Government’s Only Terms

Date: Aug 14, 2026

§ 2255 Evidentiary Hearings After Record Expansion: No Hearing to “Conjure” a Plea Deal—Movant Must Plead a Specific Deficiency and a Record-Based Probability He’d Accept the Government’s Only Terms...

Fourth Circuit: Foreign-Market Prescription Drugs with Different Labeling and Quality Controls Are “Non-Genuine” Under the Lanham Act; Contributory Liability Requires Knowledge, Not Formal Notice

Date: Aug 14, 2026

Fourth Circuit: Foreign-Market Prescription Drugs with Different Labeling and Quality Controls Are “Non-Genuine” Under the Lanham Act; Contributory Liability Requires Knowledge, Not Formal Notice...

Shifting Termination Explanations and Disputed “Belligerence” Create a Jury Issue of Pretext in § 1981 Retaliation

Date: Aug 14, 2026

Shifting Termination Explanations and Disputed “Belligerence” Create a Jury Issue of Pretext in § 1981 Retaliation Case: Eddie Stewart v. GES Recycling South Carolina LLC Court: United States Court...

Regressive, Apportioned Financial-Institutions Tax Survives Dormant Commerce Clause Internal-Consistency Review

Date: Aug 14, 2026

Regressive, Apportioned Financial-Institutions Tax Survives Dormant Commerce Clause Internal-Consistency Review Case: Dollar Bank, FSB v. Harris, Slip Opinion No. 2026-Ohio-3069 (Ohio Aug. 13, 2026)...