Invited Error Forecloses Sixth Amendment Sentencing-Inquiry Claims When the Defendant Disclaims Substitute Counsel Case: United States v. Michael Arnet Thomas (6th Cir. July 10, 2026) (not...
FOIA/Privacy Act as “Adequate Remedy” Bars APA & Mandamus to Compel Unredacted Security-Clearance Files; EO 12,968 Creates No Enforceable Rights Introduction In Ryan Baugh v. CENTRAL INTELLIGENCE...
Permit Indemnification Limited to Permittee Misconduct Does Not Create a Petition-Clause Unconstitutional Condition; Pennhurst Bars Federal Ultra Vires State-Law Relief I. Introduction Stephen and...
State v. Burries (2026): Pro Se Postconviction Filings While Represented by Counsel Are a Nullity (Except Motions to Discharge Counsel) I. Introduction Case: State v. Burries, 321 Neb. 776 (Neb. July...
State v. Mallozzi (Conn. 2026): Late-Disclosed Defense Experts Require Good Cause and a Meaningful Proffer Court: Supreme Court of Connecticut | Officially released: July 14, 2026 1. Introduction...
Grave-Risk Return Bar Under the Hague Convention Where Repatriation Would Expose a Child to a Parent’s Cartel Ties and Active Substance Addiction 1. Introduction Lozano v. Perez (5th Cir. July 9,...
Jus Cogens Violations Are Not “Official Acts”: No Conduct-Based Foreign Official Immunity for TVPA Extrajudicial Killing Claims Introduction In Gert Kuiper v. Mario Reyes Mena (4th Cir. July 8,...
SDCL 15-17-51 Frivolous-Fee Awards Are Premature Absent Dismissal of the Action; Only Contracting Parties May Seek Rescission Case: Estate of O'farrell v. O'farrell, 2026 S.D. 44 (S.D. July 9, 2026)...
Contextual Review of Sentencing Remarks: Hard 50 Departure Denials Reviewed for Abuse of Discretion 1. Introduction In State v. Sublett (Kan. July 10, 2026), the Kansas Supreme Court addressed who...
Rule 60(b)(1) Excusable Neglect Requires a Prompt Motion: An 11-Month Delay After Learning of Counsel’s Incapacity Is Unreasonable 1. Introduction In Jav Nikollbibaj v. US Foods, Inc. (7th Cir. July...
Only “Principal” Mitigation Must Be Addressed at Sentencing; Disparity Cannot Be Based on Later-Sentenced Co-Defendants; Below-Guidelines Disparity Challenges Are a “Nonstarter” Case: United States...
Unverified AI-Generated Citations Violate Counsel’s Duty of Competence and Candor (and Routine In‑Forum Training Does Not Create Florida Jurisdiction) Case: Estate of Lane Caviness v. Atlas Air, Inc....
Post-Accident Evidence, “Obvious Risk” to Trained Users, and Proof-Heavy Risk–Utility: Fifth Circuit Affirms Summary Judgment in Premises- and Products-Defect Claims Case: George v. SI Group (5th...
Interlocutory Appeal Bar: Partial Summary Judgment Foreclosing Only Permanent Injunctive Relief Is Appealable Under § 1292(a)(1) Only If Carson Is Satisfied 1. Introduction In Rey v. LCMC Health Care...
ADAAA Coverage Requires Evidence—No “Regulatory Presumption” of Disability from Stroke/Diabetes Without Substantial Limitation I. Introduction In Ester-Capers v. Walmart (5th Cir. July 8, 2026) (per...
Qualified Immunity for Split-Second Deadly Force Requires Near-Analogous Precedent When a Fleeing Felony-Warrant Suspect Retrieves and Holds an Unidentified Object Introduction In Searles v. City of...
Post-Abitron Rule in the Fourth Circuit: Targeted U.S. Web Marketing and U.S. Customer Sales Constitute Domestic “Infringing Use in Commerce” I. Introduction In Dmarcian, Inc. v. DMARC Advisor BV...
Clarifying LWOP Aggravator Instructions in Unbifurcated Murder Trials: No Fundamental Error When Jury Is Told to Reach the Aggravator Only After Finding Deliberate First-Degree Murder I. Introduction...
Plain-Error Limits on Relief When a § 5K1.1 Motion Is Granted but the Sentence Remains Within the Original Guideline Range Introduction In United States v. Sealed (5th Cir. July 10, 2026) (per...
Broad “In Connection With” Application of U.S.S.G. § 2K2.1(c)(1)(A) and Mid-Range Bodily-Injury Enhancement for Multi-Gunshot Victims I. Introduction Case: United States v. Barber, No. 25-30430 (5th...