Final Conviction Moots Appellate Review of SDCL 22-18-4.8 Pretrial Self‑Defense Immunity Rulings Introduction In State v. Braveheart, 2026 S.D. 36, the Supreme Court of South Dakota addressed a...
Section 768.72(1) Gatekeeping: Claimant-Only Evidentiary Proffer and No “Clear and Convincing” Overlay at the Pleading Stage I. Introduction In Isaac “Ike” Perlmutter v. Federal Insurance Company...
Specific Objection Required to Preserve Confrontation-Clause Challenges to Embedded Third-Party Statements (and Casual Private Remarks Are Nontestimonial) 1. Introduction In Nakii Holloway v. State...
Res Ipsa Loquitur Requires Probable Defendant Responsibility When Vendor Control Is Shared Case: Rateb Khouri v. Highland Park CVS, L.L.C. and CVS Pharmacy Inc. Court: United States Court of Appeals...
Threats Against a Prosecutor Do Not Require Disqualification Under 28 U.S.C. § 528 Absent a Qualifying “Personal Relationship” (Anders Dismissal) Introduction In United States v. Ademeko...
No Pre-Deprivation Hearing Required Before Dismissing a Childcare Voucher Provider for Failing to Produce Records During an On-Site Investigation Case: iCare Child Development Center LLC v. Alethea...
United States v. Morilla: Individualized Findings Required for Sophisticated-Laundering Enhancement; Premature Keene Alternative Sentence Cannot Cure Guideline Error 1. Introduction In United States...
Post-Wilkinson Reviewability, Substantial-Evidence Deference, and Evidentiary Discretion in “Exceptional and Extremely Unusual Hardship” Cancellation Cases I. Introduction In Alma Hernandez-Rebollar...
Rule 24(a) Timeliness as a Strict Threshold: Courts May Raise It Sua Sponte and Late-Stage Insurer Intervention to Seek Special Interrogatories Will Be Denied 1. Introduction Case: J.G. v. Northfield...
Certification of Opioid-Coverage Questions: Whether “Damages Because of Bodily Injury” Encompasses Governmental Opioid-Abatement Claims Under Georgia and Florida Law I. Introduction In a...
Dodaj v. Blanche: Discretionary Reweighing Is Unreviewable and Unappealed Removability Is Waived I. Introduction In Leke Dodaj v. Todd W. Blanche, Acting U.S. Attorney General (6th Cir. June 8,...
AAA-Rule Incorporation Does Not “Clearly and Unmistakably” Delegate Arbitrability When the Contract Adopts South Carolina Arbitration Procedure; Arbitration Clauses that Functionally Shorten...
Protection of Persons and Property Act: Derivative Civil Immunity for Employers/Business Owners When an Employee’s Use of Deadly Force Is Adjudged Justified Case: Antoinet Moore v. Green's Grocery...
Post-Judgment Pleading Lock-In: Rule 59(e) Is Not a Do-Over, and Rule 15 Amendment Requires First Reopening the Judgment 1. Introduction In Jimmy Bryson; LaTonya Bryson v. Specialized Loan Servicing,...
Strickland Prejudice for Batson-Related Ineffective Assistance Should Not Require Proof of a Different Trial Verdict Introduction Clark v. Mississippi (No. 25-6846) reached the U.S. Supreme Court on...
Section 115 “True Threats” After Counterman: Specific Intent to Intimidate or Retaliate Satisfies the Constitution; “Consciously Disregarded a Substantial Risk” Instruction Not Plain Error I....
Title VII: No Pretext Where Employer’s Conduct-Based Rationale Is Consistent; Retaliation Claim Barred Absent a Proper EEOC Charge I. Introduction In Renete Barnett-Morgan v. Inverness Techs., Inc....
Corroborated Testimony and Digital/Forensic Evidence Suffice to Prove § 841 “Distribution Resulting in Death” I. Introduction In United States v. Melvin Lamar Triplett (6th Cir. June 8, 2026)...
Extending the Heckler’s Veto Doctrine to School-Board Limited Public Forums I. Introduction Darbi Boddy v. Mary Grech (Sixth Cir. June 10, 2026) arises from a public-comment period at a Xenia...
Rule 9(b) Pleading Defects Establish Fraudulent Joinder, and Ohio’s Uniform Fiduciary Act Shields Banks Absent “Actual Knowledge” or “Bad Faith” Case: Vivy Voutsiotis v. PNC Bank, NA (6th Cir. June...