exhaustion Case Commentaries

Governmental Immunity Does Not Bar Injunctions, but WFEPA Forecloses Parallel Public-Policy Discharge Claims

Date: Nov 5, 2026

Governmental Immunity Does Not Bar Injunctions, but WFEPA Forecloses Parallel Public-Policy Discharge Claims Amyntas Hinckley v. University of Wyoming, 2026 WY 118 Supreme Court of Wyoming — November...

Wyoming Wind Energy Leases Need Not Connect to the Transmission Grid: “Including” Is Expansive

Date: Nov 5, 2026

Wyoming Wind Energy Leases Need Not Connect to the Transmission Grid: “Including” Is Expansive Case: Pronghorn H2, LLC v. Stephens Land and Livestock, LLC and Michael Stephens, 2026 WY 117 Court:...

Wyoming Wind-Energy Leases Need Not Connect to the Transmission Grid

Date: Nov 5, 2026

Wyoming Wind-Energy Leases Need Not Connect to the Transmission Grid Case: Wyoming Board of Land Commissioners v. Stephens Land and Livestock, LLC and Michael Stephens, consolidated with Pronghorn...

Statutory Replacement and Mootness: Voluntary Cessation Turns on Recurrence of the Specific Challenged Conduct

Date: Nov 5, 2026

Statutory Replacement and Mootness: Voluntary Cessation Turns on Recurrence of the Specific Challenged Conduct Case: Metropolitan Government of Nashville and Davidson County v. Bill Lee, Governor, et...

Constitutional Exemption Does Not Immunize Metropolitan Councils from Statutory Membership Limits

Date: Nov 5, 2026

Constitutional Exemption Does Not Immunize Metropolitan Councils from Statutory Membership Limits Case: Metropolitan Government of Nashville and Davidson County v. Bill Lee, Governor Court: Supreme...

Pleading Retaliation Requires Employer Knowledge of Discrimination-Related Activity

Date: Nov 5, 2026

Pleading Retaliation Requires Employer Knowledge of Discrimination-Related Activity Case: Grygiel v. HealthEquity, Inc., No. 25-2109 Court: United States Court of Appeals for the First Circuit...

Company-Vehicle Commuting and Refueling: Disputed Employment Purpose Requires a Jury Determination

Date: Nov 5, 2026

Company-Vehicle Commuting and Refueling: Disputed Employment Purpose Requires a Jury Determination Kaszuba v. Norris Supreme Court of Indiana · Case No. 26S-CT-169 · November 4, 2026 Central holding:...

Pilot Associations’ Liability for Navigational Negligence Requires Control, Not Merely an Employment Relationship

Date: Nov 4, 2026

Pilot Associations’ Liability for Navigational Negligence Requires Control, Not Merely an Employment Relationship Case: Codan Forsikring A/S v. Bogus, No. 25-1770 Court: United States Court of...

Political-Patronage Qualified Immunity Is Objective, but Appeals Must Respect Assumed Facts

Date: Nov 4, 2026

Political-Patronage Qualified Immunity Is Objective, but Appeals Must Respect Assumed Facts Case: Ortiz-Resto v. Rivera-Schatz Court: United States Court of Appeals for the First Circuit Decision:...

School Vaccination Mandates and Parental Free Exercise: Emerging Precedent Alone Does Not Justify an Injunction Pending Appeal

Date: Nov 4, 2026

School Vaccination Mandates and Parental Free Exercise: Emerging Precedent Alone Does Not Justify an Injunction Pending Appeal Case: We the Patriots USA, Inc. v. Makin Court: United States Court of...

Reopening After Derivative Asylum: Exhaustion, Timeliness, and Limits on Judicial Review

Date: Nov 4, 2026

Reopening After Derivative Asylum: Exhaustion, Timeliness, and Limits on Judicial Review Case: Ji Fung v. U.S. Attorney General Court: United States Court of Appeals for the Eleventh Circuit Date:...

IFP Eligibility Requires Poverty, Not Absolute Destitution, and Dismissal Grounds Must Permit Meaningful Review

Date: Nov 4, 2026

IFP Eligibility Requires Poverty, Not Absolute Destitution, and Dismissal Grounds Must Permit Meaningful Review Case: Larry L. Thomas, Jr. v. Major Ron James Court: United States Court of Appeals for...

Government-Required Training-Video Correction Counts as Labor Under the Miller Act

Date: Nov 4, 2026

Government-Required Training-Video Correction Counts as Labor Under the Miller Act Case: Southern Equipment & Services, LLC v. Windamir Development, Inc. Court: United States Court of Appeals for the...

Disciplinary Warnings After Muldrow: Actual Employment Harm and Retaliatory Causation

Date: Nov 4, 2026

Disciplinary Warnings After Muldrow: Actual Employment Harm and Retaliatory Causation Case: Steven Epperson v. The Hertz Corporation Court: United States Court of Appeals for the Eleventh Circuit...

Supervised-Release Revocation: Circumstantial Proof and Deterrence-Based Upward Variances

Date: Nov 4, 2026

Supervised-Release Revocation: Circumstantial Proof and Deterrence-Based Upward Variances Case: United States v. Cortez Green Court: United States Court of Appeals for the Eleventh Circuit Date:...

Specific Leadership Findings and Undisputed Losses Can Support Full Conspiracy Restitution

Date: Nov 4, 2026

Specific Leadership Findings and Undisputed Losses Can Support Full Conspiracy Restitution United States v. Malcolm Jeffrey United States Court of Appeals for the Eleventh Circuit No. 25-14537 |...

Sentence-Appeal Waivers Bar Ordinary Reasonableness Challenges Absent an Applicable Exception

Date: Nov 4, 2026

Sentence-Appeal Waivers Bar Ordinary Reasonableness Challenges Absent an Applicable Exception Case: United States v. Darryl Payne, No. 26-10590 Court: United States Court of Appeals for the Eleventh...

Affirmative Acceptance of a Criminal-History Calculation Bars a Later Appellate Challenge

Date: Nov 4, 2026

Affirmative Acceptance of a Criminal-History Calculation Bars a Later Appellate Challenge Case: United States v. Herman Steen Court: United States Court of Appeals for the Eleventh Circuit Date:...

Compassionate-Release Denials Require the Applicable Guideline and an Explanation Permitting Meaningful Review

Date: Nov 4, 2026

Compassionate-Release Denials Require the Applicable Guideline and an Explanation Permitting Meaningful Review Case: United States v. Leon Spikes, Sr., No. 26-10132 Court: United States Court of...

Previously Admitted Adjustment Applicants Must Prove Admissibility by a Preponderance of the Evidence

Date: Nov 4, 2026

Previously Admitted Adjustment Applicants Must Prove Admissibility by a Preponderance of the Evidence Case: Sintia Nivar Santana v. Todd Blanche, No. 22-2114 Court: United States Court of Appeals for...