exhaustion Case Commentaries

A Three-Step Batson Remand Permits Initially Withheld Strike Explanations After a Step-One Rejection

Date: Oct 15, 2026

A Three-Step Batson Remand Permits Initially Withheld Strike Explanations After a Step-One Rejection Court: United States Court of Appeals for the Seventh Circuit Decision date: October 14, 2026...

A Full Batson Remand Allows Later Strike Explanations After an Initial Step-One Rejection

Date: Oct 15, 2026

A Full Batson Remand Allows Later Strike Explanations After an Initial Step-One Rejection Case: United States v. Mytrez Flora, addressed in the supplied consolidated opinion captioned United States...

Previously Withheld Batson Explanations May Be Considered on a Remand Authorizing All Three Steps

Date: Oct 15, 2026

Previously Withheld Batson Explanations May Be Considered on a Remand Authorizing All Three Steps Court: United States Court of Appeals for the Seventh Circuit Decision date: October 14, 2026...

Post-Inspection Performance Waivers Can Bar Claims Arising from Later Website Migration

Date: Oct 15, 2026

Post-Inspection Performance Waivers Can Bar Claims Arising from Later Website Migration Case: Joon Bum Yoo v. Grupo MContigo S.L. Court: United States Court of Appeals for the Sixth Circuit Decision...

BIA Briefing Controls Exhaustion of False-Citizenship Intent Challenges

Date: Oct 15, 2026

BIA Briefing Controls Exhaustion of False-Citizenship Intent Challenges Case: Ruslan Guryanov v. Todd Blanche Court: United States Court of Appeals for the Sixth Circuit Date: October 14, 2026 Case...

Felon Disarmament Without Actual Injury: Assessing Dangerousness Through Conduct and Criminal History

Date: Oct 15, 2026

Felon Disarmament Without Actual Injury: Assessing Dangerousness Through Conduct and Criminal History Case: United States v. Lamell Parker Court: United States Court of Appeals for the Sixth Circuit...

ERISA Itself Does Not Require Exhaustion of Statutory Claims: The Eleventh Circuit Overrules Mason

Date: Oct 15, 2026

ERISA Itself Does Not Require Exhaustion of Statutory Claims: The Eleventh Circuit Overrules Mason Case: Rani Bolton v. Inland Fresh Seafood Corporation of America, Inc. Court: United States Court of...

Reasonable-Suspicion Searches on Florida Conditional Release and the Duty to Prove ACCA Predicates

Date: Oct 15, 2026

Reasonable-Suspicion Searches on Florida Conditional Release and the Duty to Prove ACCA Predicates Case: United States v. Terrance Louis Court: United States Court of Appeals for the Eleventh Circuit...

Appointments Clause Challenges Do Not Expand Habeas Review of Issued Expedited Removal Orders

Date: Oct 15, 2026

Appointments Clause Challenges Do Not Expand Habeas Review of Issued Expedited Removal Orders Case: Alawieh v. Mullin Court: United States Court of Appeals for the First Circuit Date: October 13,...

Amendment 821: Sentence Reductions Remain Discretionary, and Cooperation-Based Differences May Be Preserved

Date: Oct 15, 2026

Amendment 821: Sentence Reductions Remain Discretionary, and Cooperation-Based Differences May Be Preserved Case: United States v. Wiber Tenorio-Rodriguez Court: United States Court of Appeals for...

Pending Discovery Does Not Bar Summary Judgment, and Independent Decisionmaking Can Defeat Cat’s-Paw Liability

Date: Oct 15, 2026

Pending Discovery Does Not Bar Summary Judgment, and Independent Decisionmaking Can Defeat Cat’s-Paw Liability Case: Victoria Bird v. University of Florida Board of Trustees, No. 22-12061 Court:...

Pervasive Health Care Fraud: Burden-Shifting Requires Proof of Legitimate Claims, Not Merely Patient Treatment

Date: Oct 15, 2026

Pervasive Health Care Fraud: Burden-Shifting Requires Proof of Legitimate Claims, Not Merely Patient Treatment Case: United States v. Tekippe Court: United States Court of Appeals for the Fifth...

Required Readiness to Work Makes Employer-Delayed Waiting Compensable Under the FLSA

Date: Oct 15, 2026

Required Readiness to Work Makes Employer-Delayed Waiting Compensable Under the FLSA Santos v. Lidl, No. 25-2357, United States Court of Appeals for the Second Circuit, decided October 13, 2026....

The Drug-Premises Enhancement Requires Evidence of Maintenance, Not Merely Brief Possession

Date: Oct 15, 2026

The Drug-Premises Enhancement Requires Evidence of Maintenance, Not Merely Brief Possession Case: United States v. Conill-Perez, No. 25-6101 Court: United States Court of Appeals for the Tenth...

Anders Review: Established Search, Joinder, and Sentencing Rules Foreclose a Nonfrivolous Drug-Conviction Appeal

Date: Oct 15, 2026

Anders Review: Established Search, Joinder, and Sentencing Rules Foreclose a Nonfrivolous Drug-Conviction Appeal Case: United States v. Eugene Alexander Court: United States Court of Appeals for the...

Rule 41(g) Permits Wiping a Seized Cellphone Before Return When Selective Deletion Cannot Adequately Protect a Minor

Date: Oct 15, 2026

Rule 41(g) Permits Wiping a Seized Cellphone Before Return When Selective Deletion Cannot Adequately Protect a Minor Case: United States v. Steven Stathas, Jr. Court: United States Court of Appeals...

Child-Protection Plans Cannot Compel Incriminating Admissions, but Ineffective Therapy May Affect Parental Rights

Date: Oct 15, 2026

Child-Protection Plans Cannot Compel Incriminating Admissions, but Ineffective Therapy May Affect Parental Rights Case: In the Interest of T.J., I.T, A.T.1, A.T.2, and K.T.2, consolidated with In the...

Limited Parenting-Time Tie-Breakers Within a Court-Ordered Schedule Do Not Improperly Delegate Judicial Authority

Date: Oct 15, 2026

Limited Parenting-Time Tie-Breakers Within a Court-Ordered Schedule Do Not Improperly Delegate Judicial Authority Case: Margaret Shugart v. William McCann Court: Supreme Court of Vermont Case number:...

Vision Bank v. Avery: Clearly Established Limits on Deadly Force Against a Nonthreatening Bat Holder

Date: Oct 15, 2026

Vision Bank v. Avery: Clearly Established Limits on Deadly Force Against a Nonthreatening Bat Holder Court: United States Court of Appeals for the Tenth Circuit Date: October 13, 2026 Disposition:...

Rule 41(g): Returning a Seized Cellphone May Be Conditioned on Wiping Harmful Data

Date: Oct 15, 2026

Rule 41(g): Returning a Seized Cellphone May Be Conditioned on Wiping Harmful Data Case: United States v. Steven Stathas, Jr. Court: United States Court of Appeals for the Seventh Circuit Decided:...