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

Federal Illegality Bars Enforcement of State-Legal Marijuana Supply Contracts in Federal Court (RFA and Rescheduling Do Not Cure)

Date: Sep 12, 2026

Federal Illegality Bars Enforcement of State-Legal Marijuana Supply Contracts in Federal Court (RFA and Rescheduling Do Not Cure) Case: Hello Farms Licensing MI, LLC v. GR Vending MI, LLC (with CURA...

People v. Stanley — Due Diligence for CPL 245 Certificates of Compliance Despite Belated Body-Worn Camera Disclosure

Date: Sep 12, 2026

Due Diligence for CPL 245 Certificates of Compliance Despite Belated Body-Worn Camera Disclosure in a Complex Conspiracy Prosecution 1. Introduction People v Stanley (2026 NY Slip Op 05244 [3d Dept...

Elections Clause “Clear Authorization” Rule for USPS Ballot-Mail Regulations (and Post-Hippocratic Organizational Standing for Voter-Education Groups)

Date: Sep 12, 2026

Elections Clause “Clear Authorization” Rule for USPS Ballot-Mail Regulations (and Post-Hippocratic Organizational Standing for Voter-Education Groups) Case: League of Women Voters of Massachusetts v....

Elections Clause Limits on USPS Ballot-Mail Rules Absent Clear Congressional Authorization (and Organizational Standing for Voting-Education Disruption)

Date: Sep 12, 2026

Elections Clause Limits on USPS Ballot-Mail Rules Absent Clear Congressional Authorization (and Organizational Standing for Voting-Education Disruption) 1. Introduction This First Circuit emergency...

Elections Clause Limits on Executive-Agency “Ballot Mail” Rules Absent Clear Congressional Authorization

Date: Sep 12, 2026

Elections Clause Limits on Executive-Agency “Ballot Mail” Rules Absent Clear Congressional Authorization 1. Introduction This First Circuit emergency order arises from consolidated challenges brought...

Mixed-Motive Title VII Claims Require Evidence of a Motivating Factor; Independent Investigations Break “Cat’s Paw” Causation

Date: Sep 12, 2026

Mixed-Motive Title VII Claims Require Evidence of a Motivating Factor; Independent Investigations Break “Cat’s Paw” Causation 1. Introduction In Amanda Fennel v. Elmore County Board of Education...

Non-Signatories May Be Enjoined for Aiding a Non-Compete Breach; Record-Based Territory and Customer/Workforce Loss Support Irreparable Harm

Date: Sep 12, 2026

Non-Signatories May Be Enjoined for Aiding a Non-Compete Breach; Record-Based Territory and Customer/Workforce Loss Support Irreparable Harm I. Introduction Puris, LLC. v. CMG Pipelines, Inc. (11th...

Federal Rule 8 Governs Pleading of Underlying Tort for Georgia Negligent-Retention Claims in Federal Court

Date: Sep 12, 2026

Federal Rule 8 Governs Pleading of Underlying Tort for Georgia Negligent-Retention Claims in Federal Court 1. Introduction In Syurii-Kiaira Smith v. Birge & Held Property Management, LLC, the...

Law-of-the-Case Bars Renewed Rule 404(b) Admissibility Challenges on Retrial; “Same Sentence Anyway” Renders Guidelines Disputes Non-Dispositive if Substantively Reasonable

Date: Sep 12, 2026

Law-of-the-Case Bars Renewed Rule 404(b) Admissibility Challenges on Retrial; “Same Sentence Anyway” Renders Guidelines Disputes Non-Dispositive if Substantively Reasonable Case: United States v....

Promptly Corrected “Verdict Must Be Guilty” Misstatement Is Not Structural Error; Gang-Affiliation Spillover and Joint-Trial Severance Require Specific Objections and Compelling Prejudice

Date: Sep 12, 2026

Promptly Corrected “Verdict Must Be Guilty” Misstatement Is Not Structural Error; Gang-Affiliation Spillover and Joint-Trial Severance Require Specific Objections and Compelling Prejudice Case:...

Eleventh Circuit Reaffirms § 922(g)(1)’s Constitutionality Post-Bruen/Rahimi and Upholds an Above-Guidelines Sentence Based on Deterrence and Public Protection

Date: Sep 12, 2026

Eleventh Circuit Reaffirms § 922(g)(1)’s Constitutionality Post-Bruen/Rahimi and Upholds an Above-Guidelines Sentence Based on Deterrence and Public Protection I. Introduction In United States v....

District Courts May Deny Amendment 821 § 3582(c)(2) Reductions Based on § 3553(a) Assessment of Evasive/Jettison Conduct Even Without a § 3C1.1 Obstruction Enhancement

Date: Sep 12, 2026

District Courts May Deny Amendment 821 § 3582(c)(2) Reductions Based on § 3553(a) Assessment of Evasive/Jettison Conduct Even Without a § 3C1.1 Obstruction Enhancement 1. Introduction In United...

Georgia Choice-of-Law + AAA Rules Does Not Displace FAA Review Absent an Explicit Opt-Out (and Silence at Arbitration Can Waive the Objection)

Date: Sep 12, 2026

Georgia Choice-of-Law + AAA Rules Does Not Displace FAA Review Absent an Explicit Opt-Out (and Silence at Arbitration Can Waive the Objection) 1. Introduction Univabs Solutions Private Limited (an...

Tenth Circuit Tightens Pleading and Causation Requirements for § 1983 Malicious Prosecution Based on Affidavit Defects and Requires Post-Disposition Reassessment of Supplemental Jurisdiction

Date: Sep 12, 2026

Tenth Circuit Tightens Pleading and Causation Requirements for § 1983 Malicious Prosecution Based on Affidavit Defects and Requires Post-Disposition Reassessment of Supplemental Jurisdiction 1....

Post-Removal Mootness of § 2241 Detention Challenges and Issue Preservation Limits on Third-Country Removal Claims

Date: Sep 12, 2026

Post-Removal Mootness of § 2241 Detention Challenges and Issue Preservation Limits on Third-Country Removal Claims 1. Introduction Case: Mario Javier Cedeno-Gonzalez v. Markwayne Mullin, et al....

PLRA Exhaustion at Summary Judgment: Defendants Must Prove When the Grievance Clock Starts When Notice of Finality Is Disputed

Date: Sep 12, 2026

PLRA Exhaustion at Summary Judgment: Defendants Must Prove When the Grievance Clock Starts When Notice of Finality Is Disputed Case: Danyale Tubbs v. Sherry Payton (6th Cir. Sept. 10, 2026)...

Pass-Through Owner Claims: Liquidated-Damages Caps Limit Only Delay Damages, Not Direct Damages Absent an Express Waiver

Date: Sep 12, 2026

Pass-Through Owner Claims: Liquidated-Damages Caps Limit Only Delay Damages, Not Direct Damages Absent an Express Waiver I. Introduction Gamma USA, Inc. v. Pavarini McGovern, LLC (Appellate Division,...

Component Safety-System Designers May Face Design-Defect Liability Despite OEM Specifications and Post-Sale Wiring Modifications (Hoeben v FCA US LLC)

Date: Sep 12, 2026

Component Safety-System Designers May Face Design-Defect Liability Despite OEM Specifications and Post-Sale Wiring Modifications Case: Hoeben v FCA US LLC, 2026 NY Slip Op 05238 (App Div 1st Dept...

Reciprocal Discipline in New York: Deference to Foreign Sanctions and Public Censure for False Statements to Tribunals

Date: Sep 12, 2026

Reciprocal Discipline in New York: Deference to Foreign Sanctions and Public Censure for False Statements to Tribunals 1. Introduction Matter of Bernstein (2026 NY Slip Op 05239 [1st Dept Sept. 10,...

Judiciary Law § 773 Requires Indemnifying Fines for Actual (Including Non-Pecuniary) Harm from OMH’s Delayed CPL Article 730 Transfer

Date: Sep 12, 2026

Judiciary Law § 773 Requires Indemnifying Fines for Actual (Including Non-Pecuniary) Harm from OMH’s Delayed CPL Article 730 Transfer 1. Introduction People v G.O. (2026 NY Slip Op 05242 [1st Dept...