Eleventh Circuit Reaffirms Nonreviewability of Discretionary Denials of Downward Departures Absent a Misapprehension of Authority 1. Introduction In United States v. Ricardo Villanueva-Martinez (11th...
State v. Brown (Kan. 2026): Disapproving “Fundamental Failure” and Re-Centering Mistrial Review on Abuse of Discretion Under K.S.A. 22-3423(1)(c) Case: State v. Brown, No. 128,178 (Kan. Aug. 14,...
Unaccepted Offers of Judgment Do Not Moot Claims; Post-Pretrial Additions of Fraud and Unpled Contract Theories Require “Manifest Injustice” Case: AECOM Technical Services, Inc. v. Flatiron | AECOM,...
En Banc Denial Leaves in Place a Restrictive AEDPA Due-Process Framework for “Irrelevant and Prejudicial” Evidence I. Introduction Andrew v. Tinsley (10th Cir. Aug. 14, 2026) is a published order...
COA Required for Merits-Targeting Rule 59(e) Orders in § 2254; Untimely Rule 59(e) Is Procedurally Fatal (and May Become an Unauthorized Successive Petition if Recast as Rule 60(b)) 1. Introduction...
Credibility Is Not Enough: Corroboration May Be Required, and Post-BIA Evidence Is Excluded from Judicial Review of Removal Orders 1. Introduction Ntwari v. Bondi (10th Cir. Aug. 14, 2026) concerns a...
Temporal Proximity Alone Does Not Make a Separate State Offense “Relevant Conduct” Triggering Mandatory Concurrency Under U.S.S.G. § 5G1.3(c) on Plain-Error Review 1) Introduction In United States v....
Westfall Act Saving Provision Inapplicable to § 233(c) Deemed-Clinic Malpractice Removals (Reaffirming Evans) I. Introduction In Irma Herrera v. United States of America (7th Cir. Aug. 14, 2026),...
Qualified Immunity for Arguable Probable Cause and Non–Clearly Established Juvenile Interrogation Tactics; Fair-Trial Fabrication Liability Requires Trial Use of Evidence Case: Johnnie Savory v....
Judicial Estoppel Requires Clear Inconsistency and Prior Judicial Acceptance; Rule 23(b)(2) Proper for Reinstatement Injunction with Incidental Reimbursement in Retiree-Health CBA Cases Lynnette...
Sixth Circuit Limits Standing for Forward-Looking Relief Based on Alleged “Imprimatur” Reputational Harm from Government Citation of Third-Party “Hate Map” 1. Introduction American Freedom Law...
Indefinite Development Holds as “De Facto Finality” for Ripeness in Takings and Due-Process Land-Use Claims I. Introduction In SW Nashville EB Owner, LLC v. Metro. Gov't of Nashville & Davidson Cnty....
Title III “Demand” Formalities and “Come Into Possession” Limits (for Now): Sixth Circuit Denies En Banc Rehearing in United States v. Benson I. Introduction Case: United States v. Jocelyn Benson, in...
Inevitable Discovery Through Inventory Search Despite Tow-Option Omission When Towing Is Unavoidable Introduction In United States v. Quantrese Brazzell (Sixth Circuit, Aug. 14, 2026), the court...
Sentencing After Drug-Quantity Verdicts: Higher Weights as “Overlapping Conduct” Under U.S.S.G. § 1B1.3(c) (and Not Necessarily “Acquitted Conduct”) I. Introduction In United States v. Tianna Barber...
Severance-of-Title Creates an Appurtenant Parking Easement; Post-Conveyance “Release” by a Non-Owner Is Ineffective Case: James R. McCann v. Brittany Bower & a. Court: Supreme Court of New Hampshire...
Estoppel by Deed Creates an Easement from a Deed’s “Abuttal” Reference Even Where the Way Runs Perpendicularly; Bad-Faith Fee Shifting Limited to Costs of an Unnecessary Separate Quiet Title Action...
Quiet Title Judgments Must Depict Both the Historic Easement and Its Prescriptive Extinguishment; Remand Cannot Be Used to Reroute Access Introduction In Donald Edward Bloom, Deborah Jane Bloom, and...
Intertribal Consortium Arm-of-the-Tribe Immunity Under Ito; Tribal Plaintiffs Waive Immunity to Rule 82 Fees by Filing Suit 1. Introduction In Dot Lake Village v. Dená Nená Henash, d/b/a Tanana...
State v. Nickels: Jury Must Decide Disputed “Dwelling” (and Initial Aggressor) Facts Governing Nebraska’s No-Retreat Privilege I. Introduction In State v. Nickels, 322 Neb. 1 (Aug. 14, 2026), the...