Failure to Warn of Medication Side Effects During a Competency Evaluation Does Not Plead Fourteenth Amendment Deliberate Indifference (and Mislabeling “Frivolous” Dismissals Matters for Review and...
“Facilitation” Is Not an Exclusionary Agreement: Continuing-Conspiracy Tolling Requires a Plausible Conspiracy in the Challenged Rules Themselves Case: Homie Technology, Inc. v. National Association...
Forfeiture of Rule 33 Untimeliness Makes FRAP 4(b)(3) Tolling Effective (and Preserves District-Court Jurisdiction) United States v. Castro, Nos. 24-11000 & 26-10428 (5th Cir. Aug. 11, 2026) (per...
EPCA Direct Final Rules Are “Prescribed” Only Upon DOE Adherence After Comments—and Must Be Withdrawn When Adverse Comments Provide a Reasonable Basis I. Introduction In State of Mississippi v. DOE...
Appellate Waiver and “Uncontroverted Facts” in Pro Se Summary Judgment: Procedural Defaults Control Title VII/ADA Retaliation Outcomes Case: Mitchell-Pennington v. Installtec, Inc. (No. 25-3141) |...
Forfeiture of Rule 33 Timeliness Treats Notice of Appeal as Ineffective Under FRAP 4(b)(3) (and Limits Review of Post‑Judgment Orders Without a New Notice) Case: United States v. Castro (5th Cir....
Plain-Error Reversal of § 922(g)(1) As Applied After Intervening Precedent, and “Unbundling” Grouped Counts for Resentencing Case: United States v. Elliott (5th Cir. Aug. 11, 2026) (per curiam,...
QPA Must Reflect Negotiated Market Rates: Excluding Ghost Rates and Including Incentives Under the No Surprises Act Introduction Texas Medical Association v. HHS is an en banc Fifth Circuit decision...
Appellate Abandonment in FTCA Cases: Unchallenged Discretionary-Function and Alternative Dismissal Grounds Require Affirmance Case: Timothy Taylor v. United States (4th Cir. Aug. 11, 2026)...
Res Judicata and Absolute Immunities Bar Serial Collateral Civil Suits Over Prior Proceedings Introduction In Jameson Rosado v. Joseph A. Dickson (3d Cir. Aug. 11, 2026) (non-precedential), the Third...
Equitable Tolling for 8 U.S.C. § 1252(b)(1) After Riley and Functional “Final Order” Challenges in Withholding-Only Review Case: Jaime Navarro Cerritos v. Todd Blanche (4th Cir.) Date: August 11,...
App.R. 26(B) Reopening Requires a “Genuine Issue” of Ineffective Appellate Counsel; Court Will Not Revisit Aggregate-Consecutive-Sentence Proportionality After Polizzi 1. Introduction In 08/11/2026...
No Fourth Amendment “Seizure” from Force Used in Voluntary Law-Enforcement Training Exercises Absent Intent to Restrain Introduction In Danielle Arthur v. Douglas Krause (Sixth Cir. Aug. 11, 2026),...
Ortiz y Pino v. Oliver: Enforcement Assurances Cannot Narrow Campaign-Fund Spending Bans to Avoid First Amendment Scrutiny I. Introduction Case: Ortiz y Pino v. Oliver, No. 25-2016 (10th Cir. Aug....
Browsewrap Arbitration Clauses Are Unenforceable Under Maryland Law When Unilateral “Change-in-Terms” Takes Effect Upon Site Visit Without Advance Notice Introduction In Kaitlyn Trimble v. Entrata,...
Strickland Prejudice in § 2255 Requires a Concrete Showing that a Missed U.S.S.G. § 5G1.3(c) Concurrency Argument Would Likely Change the Sentencing Court’s Discretionary Choice 1. Introduction In...
Mandamus Compels Lift of Stay for Insurer Duty-to-Defend Declaratory Judgment While Allowing Continued Stay on Indemnity Issues 1. Introduction In Ex parte Association of County Commissions of...
Withdrawn Consent Mid-Procedure: Mississippi Adopts the “Medical Feasibility” Expert-Testimony Requirement for Medical Battery Case: Shani M. Brown v. Dr. Barbara Davey-Sullivan and The Woman's...
Waiver Rule in Medical Malpractice: Unobjected-to Standard-of-Care Testimony (Even If Not Tendered as Expert) Must Be Considered on Sufficiency Review Case: Mary Margaret Upchurch and Rickie Upchurch...
Nexus in Family-Based Asylum Claims Must Turn on Why the Petitioner Was Threatened (Not Why a Relative Was Targeted) Case: Claudia Orellana-Ramos v. Todd Blanche (4th Cir.) Date: August 10, 2026...