Tenth Circuit: When Qualified Immunity Defeats a Pro Se § 1983 Complaint at the Pleading Stage, Dismissal Should Ordinarily Be Without Prejudice and With Leave to Amend Introduction In Hulett v....
Non‑Prosecution Promises Do Not Bar Sentencing Advocacy on Covered Conduct When the Plea Reserves Broad Sentencing Disclosure Rights 1. Introduction In United States v. Noles (10th Cir. Aug. 26,...
Ambiguity in “Any Person” Robbery Statutes Requires a Realistic-Probability Showing; Indiana Robbery Remains a Guidelines “Crime of Violence” 1. Introduction In United States v. Sergio Gamez (7th...
Unrealized Lockout Threats and Minor Premises Obstructions Do Not Constitute a Material “Denial of Possession” Under a Commercial Lease 1. Introduction Case: Saher Abdel-Hadi v. ZJBV Properties, LLC...
Supervisory Control Compels Prompt Title 41 Dismissal After Remittitur; Title 41 Dismissal Does Not Modify Separate Title 40 Parenting Plan 1. Introduction R.F. v. 13th Judicial Dist. Court (Mont....
Charging-Lien Enforcement Orders Are Not Immediately Appealable Under the Collateral-Order Doctrine I. Introduction In All Does (1-144) v. Conrad & Scherer, LLP (11th Cir. Aug. 26, 2026), the...
Qualified Immunity at the Pleading Stage: City Commissioners Can Face First Amendment Whistleblower-Retaliation Claims; City Manager Shielded for Paid Suspension Pending Termination 1. Introduction...
Passive Spectator Protest at K–12 Athletic Events: Sanctioning “XX” Wristbands as Viewpoint Discrimination Absent Disruption or Harassment 1. Introduction Fellers v. Kelley (1st Cir. Aug. 26, 2026)...
Full-Recourse Guaranty Triggered by the Mere Filing of a Bankruptcy Petition—Authorization Not Required (Georgia Law) Case: Access Point Financial, LLC v. Charles Everhardt (No. 26-11169) (11th Cir....
Non-Merits Shotgun-Pleading Dismissals Need Not Precede with Subject-Matter Jurisdiction Analysis; Rule 72(a) Waiver Bars Appeal of Nondispositive Magistrate Orders 1. Introduction In Civica Simpson...
Policy Violations and Delayed Care Do Not Establish Eighth Amendment Liability Without Subjective Awareness of a Strong Likelihood of Serious Harm and a Causal Link Introduction In Harold Dombrowski...
Eleventh Circuit: § 3553(a) Factors Alone Can Defeat Compassionate Release; Minimal Explanation Suffices and No Deference Owed to Original Sentencer 1. Introduction In United States v. Julio...
Howard (11th Cir.): Unraised Suppression Theories Trigger Plain-Error Review, Unobjected Magistrate Orders Are Unreviewable, and General Perjury Findings Support §3C1.1 I. Introduction In United...
Keene Harmless-Error Affirmance for Disputed Safety-Valve Eligibility When the District Court Would Impose the Same Substantively Reasonable Sentence I. Introduction In United States v. Pedro...
Second Circuit Defines PREP Act “Causal Relationship” (No Sole-Cause Requirement) and Holds Denials of PREP Act Immunity Immediately Appealable; CUTPA Cannot Recast Medical Malpractice I....
Changed-Country-Conditions Reopening Requires Post–First-Motion Material Change and CAT Requires Particularized, Aggregated Risk Evidence 1. Introduction Case: Harmez v. Blanche (10th Cir. Aug. 26,...
Consent-to-Search Traffic Stops: Removing and Frisking a Passenger Based on Totality-of-Circumstances Safety Concerns I. Introduction In United States v. Marshall (10th Cir. Aug. 26, 2026)...
ERISA Permits State PBM Cost Regulation and “Necessitated, Incidental” Reporting to Enforce It 1. Introduction In Central States SE & SW Areas Health & Welfare Fund v. Alan McClain, the Seventh...
Conduct Reports Alone May Constitute “Some Evidence” Supporting Prison Restitution Amounts (Even Without Medical Bills) 1. Introduction In John Hawkins v. Nathan Angle, an Indiana prisoner (John...
RLUIPA Requires Record Evidence—not Conclusory Cost Assertions—to Reject Prepackaged Halal-Meat Alternatives at the Preliminary-Injunction Stage Case: Timothy Mayberry v. Ron Neal, et al. Court:...