Fourth Circuit: Foreign-Market Prescription Drugs with Different Labeling and Quality Controls Are “Non-Genuine” Under the Lanham Act; Contributory Liability Requires Knowledge, Not Formal Notice...
Shifting Termination Explanations and Disputed “Belligerence” Create a Jury Issue of Pretext in § 1981 Retaliation Case: Eddie Stewart v. GES Recycling South Carolina LLC Court: United States Court...
No Ineffective Assistance for Failing to Challenge “Complete Forensic Extraction” Cell-Phone Warrants Absent Binding Overbreadth Precedent 1. Introduction In Lenon v. State (Supreme Court of Georgia,...
Bentley v. State: Unpreserved Faretta-Error Claims and No Ineffective Assistance for Failing to Object to “Irrevocable” Self-Representation Warnings Introduction In Bentley v. State (Supreme Court of...
Prepared Co-Counsel May Complete Trial Without Violating the Sixth Amendment; Drug-Use Motive Evidence Admissible Under the Old Evidence Code Introduction In Allen v. State (Supreme Court of Georgia,...
Florida “Community Control” Is “Confinement” Under the INA’s “Term of Imprisonment,” Preserving Aggravated-Felony Expedited Removal and Defeating § 1326(d) Collateral Attacks 1. Introduction United...
“Prima Facie Case” Language in Jury Charges Is Clear Error but Assessed for Harm Under Whole-Charge Review 1. Introduction Browne v. State (Supreme Court of Georgia, Aug. 13, 2026) affirmed Theodore...
Harboring Under 8 U.S.C. § 1324: Intent to Shield Can Be Inferred from Concealment Practices and Exploitative Domestic Labor, and Credibility Attacks Rarely Satisfy “Incredible as a Matter of Law” 1....
Probable Cause to Prosecute Survives Fabrication Allegations When Unchallenged Evidence Independently Supports Constructive Gun Possession I. Introduction Case: Jevarreo Kelley-Lomax v. City of...
Appellate-Delay Due Process in Georgia: “Actual Prejudice” Required; Loss of Trial File Alone Is Insufficient Case: Kelly v. State (Supreme Court of Georgia, Aug. 13, 2026) Posture: Appeal from...
Implicit Highest-and-Best-Use Adoption and Deference to Tax Court Credibility Findings in Conservation-Easement Valuation 1. Introduction This consolidated Eleventh Circuit appeal arises from a...
Removal Under Alternative Immigration Authority Moots Alien Enemies Act Injunction Appeal Absent a Certified Class Case: W.M.M. v. Trump (5th Cir. Aug. 13, 2026) (en banc) 1. Introduction W.M.M. v....
Reverse-Payment Antitrust Standing Requires Proof FDA Approval Would Have Occurred Earlier (Not Merely Might Have) Introduction In re: Lipitor Antitrust Litigation (3d Cir. Aug. 13, 2026) arises from...
AEDPA Deference After Conclusory State-Court Merits Denials: Richter “Could-Have-Supported” Review and Plea Validity Based on Statutory Maximum Notice Case: Eric Thomas v. Kim Cargor (Sixth Circuit)...
Government “Pivot” Advocacy and Plain-Error Limits on Plea-Agreement Breach Claims at Sentencing 1. Introduction In United States v. William Manderville (3d Cir. Aug. 13, 2026) (not precedential),...
Concrete “Would Have” FDA-Approval Proof Required for Antitrust Injury in Reverse-Payment (Pay-for-Delay) Cases 1. Introduction In re: Lipitor Antitrust Litigation (3d Cir. Aug. 13, 2026) arises from...
Reverse-Payment Antitrust Standing Requires Proof FDA Approval Would Have Been Earlier (Not Merely Could Have) I. Introduction In re: Lipitor Antitrust Litigation (3d Cir. Aug. 13, 2026) arises from...
§ 1983 DNA-Testing Statute Challenges Survive Rooker–Feldman; Standing Lies Against the Prosecutor Who Controls Access 1. Introduction In Reginald Chapman v. Eileen O'Neill Burke (7th Cir. Aug. 13,...
Seventh Circuit Establishes FSMA Whistleblower Retaliation Framework: SOX-Style Elements, Actual-Decisionmaker Knowledge, and “Contributing Factor” Causation I. Introduction Case: Aisha Putnam v....
Conservation Easement Valuation: Tax Court May Credit One Expert and Need Not Separately Articulate Highest-and-Best-Use Findings Where Parties Agree 1. Introduction Ralph G. Evans v. Commissioner of...