monopoly-control-of-interconnect-services-and-tying-under-sherman-act:-analysis-of-viamedia-v.-comcast, Case Commentaries

Confrontation Clause as a Trial Right: No Standalone Pretrial Discovery Entitlement and Reasonable Rule 403 Limits on Bias Cross-Examination

Date: Jun 17, 2026

Confrontation Clause as a Trial Right: No Standalone Pretrial Discovery Entitlement and Reasonable Rule 403 Limits on Bias Cross-Examination I. Introduction In United States v. Quincy Marquice...

Reguli v. Hetzel (6th Cir. 2026): Immunity Shields Officials for Prosecution Based on an Unsettled Statute, and Monell Ratification Requires a Final Policymaker

Date: Jun 17, 2026

Reguli v. Hetzel (6th Cir. 2026): Immunity Shields Officials for Prosecution Based on an Unsettled Statute, and Monell Ratification Requires a Final Policymaker Case: Connie Reguli v. Tracy Hetzel...

Oral Mediation Settlements Are Enforceable When Material Terms Are Agreed—Later “Standard” Written Terms Are Immaterial Absent an Explicit Condition Precedent

Date: Jun 17, 2026

Oral Mediation Settlements Are Enforceable When Material Terms Are Agreed—Later “Standard” Written Terms Are Immaterial Absent an Explicit Condition Precedent I. Introduction In United States v....

Fourth Circuit Requires Claim-Element Specificity in Rule 23 Predominance/Commonality; General “Unpaid Work” Policies and Overbroad Class Definitions Won’t Suffice

Date: Jun 17, 2026

Fourth Circuit Requires Claim-Element Specificity in Rule 23 Predominance/Commonality; General “Unpaid Work” Policies and Overbroad Class Definitions Won’t Suffice I. Introduction Case: Thomas...

“Shall Appoint” Still Means Discretion: Mandamus Cannot Compel a County Commission to Seat Party-Nominated Election Board Members Absent Gross Abuse

Date: Jun 17, 2026

“Shall Appoint” Still Means Discretion: Mandamus Cannot Compel a County Commission to Seat Party-Nominated Election Board Members Absent Gross Abuse 1. Introduction These companion appeals—Fulton...

Forum Non Conveniens in Georgia: Comparative Factor Analysis Required; Plaintiff’s Forum Choice Cannot Eclipse Statutory Factors

Date: Jun 17, 2026

Forum Non Conveniens in Georgia: Comparative Factor Analysis Required; Plaintiff’s Forum Choice Cannot Eclipse Statutory Factors Case: SIGNAL MACHINE COMPANY, INC. et al. v. FRIENDLY-ABLE et al....

Cato v. Bridges — Requirement of Reasoned District-Court Analysis of AEDPA (d)(1)(B) “State-Created Impediment” and Equitable Tolling When Notice of State Postconviction Ruling Is Delayed

Date: Jun 17, 2026

Requirement of Reasoned District-Court Analysis of AEDPA (d)(1)(B) “State-Created Impediment” and Equitable Tolling When Notice of State Postconviction Ruling Is Delayed Case: Cato v. Bridges, No....

Younger Abstention Applies to Oklahoma Juvenile Deprived Proceedings as Sprint Quasi‑Criminal Civil Enforcement Actions

Date: Jun 17, 2026

Younger Abstention Applies to Oklahoma Juvenile Deprived Proceedings as Sprint Quasi‑Criminal Civil Enforcement Actions Case: Byrd v. Pirrong (No. 25-6161) | Court: United States Court of Appeals for...

Stigma Is Not Enough: Conclusory Retaliation Allegations Cannot Overcome the Presumption Against Pseudonymous Pleading

Date: Jun 17, 2026

Stigma Is Not Enough: Conclusory Retaliation Allegations Cannot Overcome the Presumption Against Pseudonymous Pleading Case: Roe v. Colorado Judical Department, No. 25-1264 (10th Cir. June 16, 2026)...

Coordinated Firearm Sales Create Jointly Undertaken Relevant Conduct for U.S.S.G. § 2K2.1 Enhancements

Date: Jun 17, 2026

Coordinated Firearm Sales Create Jointly Undertaken Relevant Conduct for U.S.S.G. § 2K2.1 Enhancements I. Introduction In United States v. Jackson (10th Cir. June 16, 2026), Darrius Deangelo Jackson...

Heck Bars § 1983/Bivens Damages Claims That Would Undermine an Uninvalidated Federal Conviction, and Frivolous Prisoner Appeals Deny IFP and Add a PLRA Strike

Date: Jun 17, 2026

Heck Bars § 1983/Bivens Damages Claims That Would Undermine an Uninvalidated Federal Conviction, and Frivolous Prisoner Appeals Deny IFP and Add a PLRA Strike Case: Hamett v. City of Broken Arrow...

RCRA § 6961(a) Does Not Adopt State Exclusive Judicial-Review Schemes: Federal Agencies Retain § 1345 Jurisdiction

Date: Jun 17, 2026

RCRA § 6961(a) Does Not Adopt State Exclusive Judicial-Review Schemes: Federal Agencies Retain § 1345 Jurisdiction Case: United States v. New Mexico Environment Department, No. 22-2132 (10th Cir....

United States v. Baxter — Probable Cause for Freenet Warrants via Request-Pattern Analysis; Yates Inapplicable to Factually Inadequate “Lasciviousness” Theories

Date: Jun 17, 2026

Probable Cause for Freenet Warrants via Request-Pattern Analysis; Yates Inapplicable to Factually Inadequate “Lasciviousness” Theories I. Introduction In United States v. Baxter (1st Cir. 2026),...

Mitigating Role Requires Identifying All Discernable Participants in Relevant Conduct (Not Just the Apprehended Crew)

Date: Jun 17, 2026

Mitigating Role Requires Identifying All Discernable Participants in Relevant Conduct (Not Just the Apprehended Crew) Case: United States v. da Conceição-Level (1st Cir. June 16, 2026) Court: United...

Belated § 3731 Certification May Be Cured by Ratification and Attorney General Certification Without Defeating Appellate Jurisdiction

Date: Jun 17, 2026

Belated § 3731 Certification May Be Cured by Ratification and Attorney General Certification Without Defeating Appellate Jurisdiction 1. Introduction In United States v. Robinson (2d Cir. June 16,...

FDCPA § 3004(b)(2) Creates a Mandatory Debtor-Requested Transfer and Its Denial Requires Vacatur (No Harmless-Error Review)

Date: Jun 17, 2026

FDCPA § 3004(b)(2) Creates a Mandatory Debtor-Requested Transfer and Its Denial Requires Vacatur (No Harmless-Error Review) Case: United States v. Liounis (2d Cir. June 15, 2026) | Court: Court of...

Proportionality Limits on Sweeping Prison-Video Discovery and the Bad-Faith Threshold for Spoliation Sanctions (Seventh Circuit)

Date: Jun 17, 2026

Proportionality Limits on Sweeping Prison-Video Discovery and the Bad-Faith Threshold for Spoliation Sanctions (Seventh Circuit) Case: Littleton Jackson v. David Yang, et al. (No. 25-1973) Court:...

CAFA Jurisdiction Tracks the Operative Amended Complaint: Dropping (and Repleading) Class Allegations Can Remove (and Restore) Federal Jurisdiction

Date: Jun 17, 2026

CAFA Jurisdiction Tracks the Operative Amended Complaint: Dropping (and Repleading) Class Allegations Can Remove (and Restore) Federal Jurisdiction I. Introduction Thor Zurbriggen, et al. v. Twin...

Probable Cause to Impound a Vehicle “Used During the Commission” Includes Transportation to the Offense Location

Date: Jun 17, 2026

Probable Cause to Impound a Vehicle “Used During the Commission” Includes Transportation to the Offense Location I. Introduction In Raymond Echevarria v. Darrin Jackson (7th Cir. June 16, 2026),...

Objective Cognitive Testing and Recordwide Review Can Outweigh a Treating Psychiatrist’s Subjective-Based Opinion; Unraised Theories Are Waived on Appeal

Date: Jun 17, 2026

Objective Cognitive Testing and Recordwide Review Can Outweigh a Treating Psychiatrist’s Subjective-Based Opinion; Unraised Theories Are Waived on Appeal Introduction In Jill Staniszewski v. Frank...