Post-Hunter I: Appeal Waivers Yield Only to Obvious, Egregious Error—Debatable § 922(g)(3) Constitutional Claims Remain Waived I. Introduction United States v. Nyandoro (5th Cir. Sept. 4, 2026)...
Limits on NLRB Coercion Findings and Remedies—No Consequential Damages; No “Impossible” Reopening; Gissel Bargaining Order and Notice-Reading Sustained Introduction In Starbucks Corporation v....
Procedural Forfeiture and Docket-Management Deference in Consolidated Federal Actions Challenging State Criminal Proceedings 1. Introduction In Urve Maggitti v. John Capuzzi, Sr. (3d Cir. Sept. 4,...
Financial and Logistical Realities May Be Weighed in Out-of-State Parent-Child Contact—§ 650 “Maximum Contact” Does Not Eliminate Trial-Court Discretion 1. Introduction Karissa Lashley v. Jacob...
Fourth Circuit: Objective Recklessness Establishes Willful FBAR Liability, and Aggregate Willful FBAR Penalties Are Not “Grossly Disproportional” When Far Below the Statutory Maximum 1. Introduction...
Harmless Error in CAT Review When Likelihood-of-Torture Fails at Myrie Step One 1. Introduction In Rafael Aguilar-Ayala v. Attorney General United States of America (3d Cir. Sept. 4, 2026) (not...
Summary Judgment Reversible Error: District Courts Must Analyze Self-Interested Testimony on Insurable Interest and Explain Their Reasons 1. Introduction Case: Marbury v. United National Insurance...
Termination of Parental Rights: A Loving Bond Does Not Override the Child’s Need for Permanency When Other Best-Interest Factors Favor Termination Introduction Case: In re R.W., Juvenile (C.H.,...
Intervenor Standing Limits: Neighbors Cannot Appeal PUC Exclusion of Municipal Recommendations in § 248a CPG Proceedings I. Introduction Case: In re Petition of Industrial Tower and Wireless LLC...
Post-Judgment Business Setbacks Are Not “Newly Discovered Evidence” Under VR.C.P. 60(b)(2) in Divorce; Attorney’s Fees May Be Awarded for Meritless Relitigation 1. Introduction Case: Alison Beckwith...
De Novo Supreme Court Review of Attorney Sanctions Under Rule 9 § 33.1(d) to Ensure Statewide Uniformity Case: Fred C. Dance v. Board of Professional Responsibility of the Supreme Court of Tennessee...
Tumultuous Conduct Under 13 V.S.A. § 1026a: Loud, Confrontational Door-and-Window Banging Supports Aggravated Disorderly Conduct Introduction In State v. Carl Holcomb, Jr. (Vt. Sept. 4, 2026) (entry...
Independent Traffic Violation and Attenuation Cure an Earlier Unlawful Prolongation; Redundant Records Checks During Ongoing Citation Work Do Not “Prolong” a Stop Case: United States v. Robert...
Mississippi Nonjudicial Foreclosure: Clerk-Signed Courthouse Posting Evidence and No Statutory Duty to Accept Partial Reinstatement Payments Under § 89-1-59 I. Introduction In Snell v. 21st Mortgage...
Sterling v. City of Jackson: No Substantive Due Process Right to Contaminant-Free Municipal Water or Truthful Official Assurances About Water Safety Introduction In Sterling v. City of Jackson (5th...
Home Invasion as a “Dangerousness” Predicate Upholding 18 U.S.C. § 922(g)(1) After Hembree 1. Introduction In United States v. Lewis (5th Cir. Sept. 4, 2026) (per curiam) (unpublished), the Fifth...
Impaired Breathing as “Serious Bodily Injury” Under Vermont’s Aggravated Domestic Assault Statute; No Plain Error in MPC-Style Recklessness Instruction Case: State v. Kisha Parson (Vt. Sup. Ct.,...
Competency Exams Are Not a Sixth Amendment “Critical Stage”: Vermont Recognizes Trial-Court Discretion to Exclude Defense Counsel 1. Introduction State v. Jordan Lawyer (2026 VT 42) is an...
Contested Attorney-Fee Requests Require an Evidentiary Record; Rule 54(d)(2)(D) Cannot Shift the Movant’s Burden 1. Introduction Joan Falcao v. Mitchel Richardson arises from a $16,000 loan...
Perez v. Carusillo: Best-Interest in Connecticut De Facto Parentage Must Center the Child–Petitioner Relationship, Guided by CPA § 46b-475(a), Not Custody Factors or Family Structure 1. Introduction...