exhaustion Case Commentaries

Form 1099-C Does Not Itself Cancel Mortgage Debt or Override Conditional Forgiveness Terms

Date: Oct 23, 2026

Form 1099-C Does Not Itself Cancel Mortgage Debt or Override Conditional Forgiveness Terms Case: Dworman v. PHH Mortgage Services, No. 25-1407 Court: United States Court of Appeals for the First...

Clarifying the Firearm–Drug Nexus: Supplemental Instructions and Alternative-Sentence Review

Date: Oct 23, 2026

Clarifying the Firearm–Drug Nexus: Supplemental Instructions and Alternative-Sentence Review Case: United States v. Michael Kendrick Court: United States Court of Appeals for the Eleventh Circuit...

Good-Faith Reliance on a Surviving Spouse’s Instructions Supports Funeral-Home Immunity Under Georgia Law

Date: Oct 23, 2026

Good-Faith Reliance on a Surviving Spouse’s Instructions Supports Funeral-Home Immunity Under Georgia Law Case: Raquel Downing v. Cook Brothers Funeral Directors Court: United States Court of Appeals...

Meme-Stock Evidence Must Be Weighed in Securities Class Certification: Market-Efficiency Factors Are Not a Checklist

Date: Oct 23, 2026

Meme-Stock Evidence Must Be Weighed in Securities Class Certification: Market-Efficiency Factors Are Not a Checklist Case: Bozorgi v. Cassava Sciences Court: United States Court of Appeals for the...

A Clear Below-Deductible Denial Starts Texas Insurance Limitations; Reinspection Alone Does Not Restart the Clock

Date: Oct 23, 2026

A Clear Below-Deductible Denial Starts Texas Insurance Limitations; Reinspection Alone Does Not Restart the Clock Case: NFI Apartment Management, L.L.C. v. Third Coast Insurance Company Court: United...

Deceptive Roadside Statements Furthering an Ongoing Drug Conspiracy Are Nontestimonial

Date: Oct 23, 2026

Deceptive Roadside Statements Furthering an Ongoing Drug Conspiracy Are Nontestimonial Case: United States v. Nero, consolidated with the appeal of Quanita Sherries Brown Court: United States Court...

BIA May Screen New CAT Evidence for Reliability Without Resolving Disputed Facts

Date: Oct 23, 2026

BIA May Screen New CAT Evidence for Reliability Without Resolving Disputed Facts Zahid v. Blanche United States Court of Appeals for the Fifth Circuit October 20, 2026 | Nos. 25-60296 and 25-60524...

BIA May Screen New Evidence for Reliability Without Impermissible Factfinding in CAT Remand Motions

Date: Oct 23, 2026

BIA May Screen New Evidence for Reliability Without Impermissible Factfinding in CAT Remand Motions Zahid v. Blanche — United States Court of Appeals for the Fifth Circuit, October 20, 2026; Nos....

Individual CAT Eligibility, BIA Severance, and Appellate Briefing Waiver: Chilingarian v. Blanche

Date: Oct 23, 2026

Individual CAT Eligibility Permits Separate Disposition of Family Claims; Inadequate Briefing Forecloses Appellate Review Case: Chilingarian v. Blanche Court: United States Court of Appeals for the...

Family Ties Do Not Create Derivative CAT Protection: Individualized Risk, Severance, and Appellate Waiver

Date: Oct 23, 2026

Family Ties Do Not Create Derivative CAT Protection: Individualized Risk, Severance, and Appellate Waiver Case: Chilingarian v. Blanche Court: United States Court of Appeals for the Tenth Circuit...

No New Six-Month Presumption for Immigration Re-Detention: Enforcing Prompt-Interview Safeguards

Date: Oct 23, 2026

No New Six-Month Presumption for Immigration Re-Detention: Enforcing Prompt-Interview Safeguards Case: Abedi v. Carter, No. 25-3179 Court: United States Court of Appeals for the Tenth Circuit...

Prior Personal-Injury and Consortium Judgments Do Not Preclude a Later-Accruing Ohio Wrongful-Death Claim Under the FTCA

Date: Oct 23, 2026

Prior Personal-Injury and Consortium Judgments Do Not Preclude a Later-Accruing Ohio Wrongful-Death Claim Under the FTCA Beverly Mowry v. United States United States Court of Appeals for the Sixth...

Isolated Rebukes and Speculative Fears Do Not Establish § 1981 Retaliation or Constructive Discharge

Date: Oct 23, 2026

Isolated Rebukes and Speculative Fears Do Not Establish § 1981 Retaliation or Constructive Discharge Case: Cheryl Burton v. Centre College of Ky. Court: United States Court of Appeals for the Sixth...

Michigan’s Third-Party-Crime Rule Bars Fitting-Room Design Claims Based on Criminal Voyeurism

Date: Oct 23, 2026

Michigan’s Third-Party-Crime Rule Bars Fitting-Room Design Claims Based on Criminal Voyeurism Case: Dannica Alling v. Target Corp., No. 26-1192 Court: United States Court of Appeals for the Sixth...

ERISA Death Benefits: Reasonable Proof-of-Loss Requirements Support Denial of Prejudgment Interest

Date: Oct 23, 2026

ERISA Death Benefits: Reasonable Proof-of-Loss Requirements Support Denial of Prejudgment Interest Case: Robert Williamson, Jr. v. Ana Lunar, No. 25-5790 Court: United States Court of Appeals for the...

Group-Chat Participation Alone Does Not Create Fourth Amendment Rights in Another User’s Account

Date: Oct 23, 2026

Group-Chat Participation Alone Does Not Create Fourth Amendment Rights in Another User’s Account Commentary on United States v. Nasir Lewis United States Court of Appeals for the Sixth Circuit, No....

Mitigation Supports Public Censure Despite Presumptive Suspension for Repeated Failures of Diligence

Date: Oct 22, 2026

Mitigation Supports Public Censure Despite Presumptive Suspension for Repeated Failures of Diligence Case: Board of Professional Responsibility, Wyoming State Bar v. Corrie Lynn Lamb, WSB 7-5923...

Likely RLUIPA Success Does Not Compel Preliminary Relief for a Future Religious Development

Date: Oct 22, 2026

Likely RLUIPA Success Does Not Compel Preliminary Relief for a Future Religious Development Case: Holy Trinity Ukrainian Catholic Church v. Township of Collier Court: United States Court of Appeals...

Separate Final Bankruptcy Appellate Judgments Do Not Merge: Limits on Reviewing Unappealed Stay Relief

Date: Oct 22, 2026

Separate Final Bankruptcy Appellate Judgments Do Not Merge: Limits on Reviewing Unappealed Stay Relief Case: Lopez v. Jenkins Court: United States Court of Appeals for the Tenth Circuit Date: October...

New York City’s Pandemic Guaranty Law Survives Contracts Clause Review Under Substantial Legislative Deference

Date: Oct 22, 2026

New York City’s Pandemic Guaranty Law Survives Contracts Clause Review Under Substantial Legislative Deference Case: 513 W. 26th Realty LLC v George Billis Galleries, Inc., 2026 NY Slip Op 06058...