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

Public Officials Cannot Invoke Qualified Immunity Against FLSA Retaliation Claims

Date: Nov 2, 2026

Public Officials Cannot Invoke Qualified Immunity Against FLSA Retaliation Claims Commentary on Stramaski v. Lawley United States Court of Appeals for the Fifth Circuit No. 25-20348 — October 27,...

Section 1782 Applications Are Dispositive: De Novo Review and Respect for Stage-Specific Foreign Discovery Rulings

Date: Nov 2, 2026

Section 1782 Applications Are Dispositive: De Novo Review and Respect for Stage-Specific Foreign Discovery Rulings Case: Motorola v. ASC Court: United States Court of Appeals for the Fifth Circuit...

Ordinary Sentencing Guidelines Errors Do Not Defeat a Knowing Appeal Waiver: Applying Hunter’s Miscarriage-of-Justice Exception

Date: Nov 2, 2026

Ordinary Sentencing Guidelines Errors Do Not Defeat a Knowing Appeal Waiver: Applying Hunter’s Miscarriage-of-Justice Exception Case: United States v. Harris, No. 25-60017 Court: United States Court...

Defective Diversity Allegations and the Limits of Sua Sponte Remand

Date: Nov 2, 2026

Defective Diversity Allegations and the Limits of Sua Sponte Remand Case: De Chavez v. UPS Court: United States Court of Appeals for the Fifth Circuit Date: October 30, 2026 Opinion: Judge James C....

BIA Must Address Material Caregiving Evidence Before Denying Equitable Tolling

Date: Nov 2, 2026

BIA Must Address Material Caregiving Evidence Before Denying Equitable Tolling Case: Perez Rojas v. Blanche, No. 26-60044 Court: United States Court of Appeals for the Fifth Circuit Decision date:...

Disputed Subdual Facts Cannot Support an Interlocutory Qualified-Immunity Appeal

Date: Nov 2, 2026

Disputed Subdual Facts Cannot Support an Interlocutory Qualified-Immunity Appeal—or Supply a Hook for Pendent Review Merrill v. Seagraves, Nos. 25-7060 & 25-7061, United States Court of Appeals for...

Merrill v. Seagraves: Disputed Subdual Facts Cannot Support Interlocutory Review, and Pendent Appeals Require an Appealable Hook

Date: Nov 2, 2026

Disputed Subdual Facts Cannot Support Interlocutory Review, and Pendent Appeals Require an Appealable Hook Case: Merrill v. Seagraves Court: United States Court of Appeals for the Tenth Circuit Date:...

United States v. Hess: Exploited Financial Hardship Can Support Vulnerable-Victim Enhancements Without Proof of Impaired Fraud Detection

Date: Nov 2, 2026

United States v. Hess: Exploited Financial Hardship Can Support Vulnerable-Victim Enhancements Without Proof of Impaired Fraud Detection Court: United States Court of Appeals for the Tenth Circuit...

Exploited Financial Hardship Can Support the Large-Number-of-Vulnerable-Victims Enhancement

Date: Nov 2, 2026

Exploited Financial Hardship Can Support the Large-Number-of-Vulnerable-Victims Enhancement Case: United States v. Hess, consolidated with the appeals of Shirley Koch Court: United States Court of...

Exploited Financial Vulnerability Supports the Large-Number Vulnerable-Victim Enhancement in Fraud Sentencing

Date: Nov 2, 2026

Exploited Financial Vulnerability Supports the Large-Number Vulnerable-Victim Enhancement in Fraud Sentencing United States v. Koch — consolidated appeals involving Megan Hess and Shirley Koch, Nos....

Fraud Sentencing: Exploited Financial Vulnerability Can Support the Large-Number-of-Vulnerable-Victims Enhancement

Date: Nov 2, 2026

Fraud Sentencing: Exploited Financial Vulnerability Can Support the Large-Number-of-Vulnerable-Victims Enhancement Case: United States v. Koch, consolidated with the appeals of Megan Hess Court:...

Rule 54(b) Finality Extends to Related, Quantified Attorney-Fee Awards Despite Pending Claims

Date: Nov 2, 2026

Rule 54(b) Finality Extends to Related, Quantified Attorney-Fee Awards Despite Pending Claims Commentary on Flux Drive v. Rong United States Court of Appeals for the Tenth Circuit October 30, 2026 ·...

Quantified Fee Awards Following Rule 54(b) Judgments Are Appealable Despite Remaining Claims

Date: Nov 2, 2026

Quantified Fee Awards Following Rule 54(b) Judgments Are Appealable Despite Remaining Claims Commentary on Flux Drive v. Sparks United States Court of Appeals for the Tenth Circuit, October 30, 2026...

Rule 54(b) Finality Extends to Quantified, Collateral Fee Awards Despite Pending Claims

Date: Nov 2, 2026

Rule 54(b) Finality Extends to Quantified, Collateral Fee Awards Despite Pending Claims Case: Flux Drive v. Sparks Court: United States Court of Appeals for the Tenth Circuit Date: October 30, 2026...

Nebraska Homestead Protection Requires Statutory Selection, and Judgment-Lien Sales Must Respect Nondebtor Ownership

Date: Nov 2, 2026

Nebraska Homestead Protection Requires Statutory Selection, and Judgment-Lien Sales Must Respect Nondebtor Ownership Case: 11819 Miracle Hills Drive v. Ali, 322 Neb. 710 Court: Supreme Court of...

State v. Coleman: Lower STRmix Likelihood Ratios Do Not Alone Bar DNA Evidence

Date: Nov 2, 2026

State v. Coleman: Lower STRmix Likelihood Ratios Do Not Alone Bar DNA Evidence Supreme Court of Nebraska | 322 Neb. 731 | October 30, 2026 | No. S-25-759 1. Introduction In State v. Coleman, the...

No Implied Insurance-First Billing Duty: Louisiana Requires an Express Contractual Undertaking

Date: Nov 2, 2026

No Implied Insurance-First Billing Duty: Louisiana Requires an Express Contractual Undertaking Case: Dennis Gibson, Individually & on Behalf of All Others Similarly Situated v. National Healthcare of...

Constitutionally Unclassified Court Employees Do Not Require Civil Service Commission Approval

Date: Nov 1, 2026

Constitutionally Unclassified Court Employees Do Not Require Civil Service Commission Approval Case: Jones v. Trepagnier, No. 2026-C-00358 Court: Supreme Court of Louisiana Date: October 30, 2026...

Aggravated Arson’s Narrow “Movable” Definition and the Specific-Intent Requirement for Attempted Murder

Date: Nov 1, 2026

Aggravated Arson’s Narrow “Movable” Definition and the Specific-Intent Requirement for Attempted Murder Case: State of Louisiana v. Mardeontae J. Lee Court: Supreme Court of Louisiana Docket: No....

Noncash Class Benefits Can Support Enhanced Attorney Fees, but Lodestar Rates Must Constrain Multipliers

Date: Nov 1, 2026

Noncash Class Benefits Can Support Enhanced Attorney Fees, but Lodestar Rates Must Constrain Multipliers Case: Steve Crooks v. State of Louisiana, Through the Louisiana Department of Natural...