Rule 17(b)(3) Capacity and Louisiana Affidavit-Dissolution: A Dissolved Foreign LLC Cannot Sue in Texas, and Sealing Requires an On-the-Record Balancing Test I. Introduction Case: The Juneau Group,...
State “Expungements” Count Under U.S.S.G. § 4A1.2(j) Unless Grounded in Innocence or Legal Error: Fifth Circuit Clarifies the “Underlying Rationale” Test Case: United States v. Payne (5th Cir. July...
Strickland Prejudice and Guidelines Miscalculations: No Relief When the Sentencing Court Varied Independently and Says So Case: United States v. Schubert (5th Cir. July 10, 2026) (per curiam,...
Qualified Immunity in Transport-Custody Medical Emergencies: No Clearly Established 2019 Duty to Immediately Secure Aid Upon Observed Unconsciousness I. Introduction Thorpe v. Weaver (5th Cir. July...
Unrelated Prior Representation of a Victim Bank Does Not Require § 455(a) Recusal on Plain-Error Review; Bruton Is Not Triggered by a Co-Defendant Guilty Plea That Only Implicates by Inference 1....
Fourth Circuit: § 1326(d) Exhaustion Requires Timely, Lozada-Compliant Presentation of Ineffective-Assistance Claims to the BIA Case: United States v. Melvin Mauricio Valencia Gil (4th Cir. July 9,...
Municipal Discretion Defeats Due-Process Property Interests in Optional Board Seats Case: Kenneth Deal v. City of Monroe (4th Cir. July 8, 2026) | Holding: An appointee to a discretionary municipal...
ALJ May Qualitatively Weigh Conflicting Arterial Blood-Gas Studies Using Exercise Duration Without Additional Expert Proof 1. Introduction Pocahontas Coal Company, LLC v. DOWCP (4th Cir. July 10,...
Retaliation by Accelerated Removal: Fact Dispute Created When Employer’s Notice Ties Timing to Protected Complaints 1. Introduction In Mark Lee v. West Virginia University Medical Corporation, Dr....
Divisibility of West Virginia’s Controlled Substances Act: “Manufacture” (Including Cultivation) Qualifies as a Guidelines Controlled Substance Offense Despite Campbell I. Introduction In United...
Spoliation Sanctions May Presume EEOC Right-to-Sue Notice Receipt Date and Dispose of Time-Barred Title VII Claims Case: Jerry Painadath v. Good Shepherd Penn Partners (3d Cir. July 10, 2026)...
UPRD Bond Validation: Referendum-First Authority, Curable Indenture Ambiguities, and Qualitative “Special Benefit” Proof Under City of Boca Raton I. Introduction In Dean K. Matt v. State of Florida,...
Florida Workers’ Compensation: Workplace Assault Injuries Are Compensable Upon Proof of Work-Relatedness (Including Increased-Risk Exposure) Without Proving Assailant Motive I. Introduction In...
State v. Gardner: Kansas Reaffirms Deferential “Substantial Basis” Review and Rejects Divide-and-Conquer Attacks on Search-Warrant Affidavits Court: Supreme Court of Kansas Date: July 10, 2026 Case:...
Substantial-Evidence Review: No Reversal for Omitted Sleep-Study Discussion When the Record Is Otherwise Addressed and the Omitted Evidence Is Not Materially Different Introduction In Nicole Trost v....
Forfeited Rule 33 Timeliness Preserves FRAP 4(b)(3) Tolling; Separate Notice Required for Post‑Judgment Orders Introduction United States v. Castro (5th Cir. July 10, 2026) arises from the...
PLRA Exhaustion Applies to Post-Release Supervision Revocation Detainees Housed in County Jail; MDOC ARP Required Introduction In Villarreal v. VitalCore (5th Cir. July 9, 2026) (unpublished), the...
Harmless-Error Affirmance in Supervised-Release Revocations When Uncontested Violations Independently Support Revocation Introduction In United States v. Goodwill (5th Cir. July 8, 2026) (per curiam)...
§ 1623(a) Expressly Preempts State Residence-Based In-State Tuition for Unlawfully Present Aliens; Futility Screening Applies to Defense-Side Intervenors Introduction In United States v. State of...
Fifth Circuit: No Duty to Mitigate Title VII Emotional-Distress Compensatory Damages I. Introduction In EEOC v. SkyWest Airlines (5th Cir. July 9, 2026), the Equal Employment Opportunity Commission...