ERISA Fiduciary-Misrepresentation Standing: “Mistaken Understanding” Alone Is Not an Article III Injury; Plaintiffs Must Prove Concrete Downstream Harm and Traceability 1. Introduction Guenther v. BP...
9 U.S.C. § 207’s Three-Year Deadline Is Mandatory, Not “Permissive” — and Foreign Judgment Recognition Remains an Alternative Route 1. Introduction This published decision from the United States...
Sentencing Explanation Sufficiency: Upward Variance Affirmed for “Underrepresented” Criminal History Despite Mitigation Evidence Introduction In United States v. William Malone (4th Cir. July 15,...
Divisibility of N.J. Stat. Ann. § 2C:35-5 by Drug Type and the Noncitizen’s Burden When the Conviction Record Is Inconclusive 1. Introduction In Faheem Tariq v. Attorney General United States of...
McCray v. Collins: Firm Waiver, Discrete-Act Exhaustion, and Decisionmaker-Knowledge as Gatekeepers for Title VII Disparate-Treatment and Retaliation Claims I. Introduction In McCray v. Collins (10th...
Rule 804(b)(3) in Rhode Island: Self-Defense Framing Does Not Bar “Statement Against Interest” Admissibility When Reliability and Corroboration Support Trustworthiness 1. Introduction Terrel Barros...
AEDPA Deference to State Remmer/Fidler Findings: No Per Se Prejudice from Juror’s Post-Trial Claim of Social-Media/Courthouse-Pressure 1. Introduction Adames-Garcia v. Divris (1st Cir. July 14, 2026)...
Fake-Identity Bank Accounts Constitute Bank Fraud Against the Bank; Deferred Restitution Survives a Pending Appeal Case: United States v. Omoruyi (1st Cir. July 15, 2026) Panel: Gelpí, Thompson, and...
BlueCard Market Exploitation Creates New York Specific Jurisdiction and Supports Ratification-Based Liability for Non-Contracting Blue Cross Licensees I. Introduction Northwell Health, Inc. v. Group...
Rule 702 Limits on “Gatekeeping”: Courts May Not Exclude Generally Accepted Epidemiologic Reasoning as “Unreliable” Because They Disagree with the Conclusion Case: Rutledge v. Walgreen Co.; Phippen...
“Development of Housing” Does Not Include Adjacent Public Road Improvements Under Oregon’s Clear-and-Objective Standards Rule Case: Roberts v. City of Cannon Beach, 375 Or 396 (Or. 2026) Court:...
Rule 41(a)(1)(A)(ii) Stipulation Automatically Ends a Desegregation Case and Strips District-Court Jurisdiction Absent Enumerated Exceptions Case: In re: School Board of Concordia Parish...
Rehabilitation Act Does Not Shield Disability-Related Harassment from University Discipline (and Federal-Funding Must Be Pleaded to Overcome Sovereign Immunity) 1. Introduction In Brantley v....
Conviction-Based Disarmament After Bruen: The Fifth Circuit Upholds 18 U.S.C. § 922(g)(9) (Domestic-Violence Misdemeanants) as Historically Analogous to Surety and “Going Armed” Laws I. Introduction...
Probation Extensions as Actionable Title VII/§ 1981 Harm Post-Muldrow, and Off-Site Conduct with Workplace Consequences in Hostile-Environment Proof I. Introduction Brenyah v. Columbia Hospital (5th...
Rule 41 Stipulated Dismissal Ends a Desegregation Case Immediately—No “Public-Interest” Override; Mandamus Lies to Stop Post-Dismissal Proceedings 1. Introduction Sch Bd Concordia Prsh v. United...
Brown v. Burmaster: Causation Is Indispensable to Municipal Liability; Irreconcilable Special Verdicts Require a New Trial I. Introduction Brown v. Burmaster (5th Cir. July 14, 2026) arises from a...
Competency to Stand Trial Suffices for Faretta Waiver; Indiana v. Edwards Is Discretionary, Not Mandatory 1. Introduction In United States v. Stephen Snyder (4th Cir. July 14, 2026), the Fourth...
Rule 60(b)(6) Finality in Diversity Cases: Later State-Law Decisions Are Not “Extraordinary” Absent the Same Transaction or Occurrence 1. Introduction In Golden Corral Corporation v. Illinois Union...
FTCA “Risk-Creation” Negligence Survives the Intentional Tort Exception When a Separate Duty to the Victim Exists (Sheridan Applied to USPS Assault Context) I. Introduction In Dawn Lusk v. Chris...