no-formal-hierarchy-required:-third-circuit-affirms-tier-iii-designation-of-the-grey-wolves-and-broad-reach-of-the-ina’s-material-support-bar Case Commentaries

Ambiguous Video and Ignored Affidavits Bar Summary Judgment in Prison Excessive-Force and Medical-Indifference Claims

Date: Jun 28, 2026

Ambiguous Video and Ignored Affidavits Bar Summary Judgment in Prison Excessive-Force and Medical-Indifference Claims Introduction In Ralph Carter v. Adam Baumcratz, a Pennsylvania state prisoner...

Mandamus Is Unavailable to Shortcut Final-Judgment Review of Interlocutory FLSA Reimbursement and Recordkeeping Rulings

Date: Jun 28, 2026

Mandamus Is Unavailable to Shortcut Final-Judgment Review of Interlocutory FLSA Reimbursement and Recordkeeping Rulings 1. Introduction In re: Bam! Pizza Management (10th Cir. June 26, 2026) arises...

Defamation Dismissal at the Pleading Stage: Substantial Truth from Court Records and Nonactionable Opinion Based on Disclosed Facts

Date: Jun 28, 2026

Defamation Dismissal at the Pleading Stage: Substantial Truth from Court Records and Nonactionable Opinion Based on Disclosed Facts Introduction In Brock Fredin v. Adam Klasfeld, et al. (7th Cir....

Objective “Obvious Symptoms” Requirement for Jail-Overdose Medical Claims and “Unfettered Access” Standard for Drug-Based Failure-to-Protect

Date: Jun 28, 2026

Objective “Obvious Symptoms” Requirement for Jail-Overdose Medical Claims and “Unfettered Access” Standard for Drug-Based Failure-to-Protect Introduction In Michael Cole v. Ashtabula County, Ohio...

§ 2L1.1(b)(8)(A) Requires Actual Restraint: “Involuntarily Detained” Means Held Against One’s Will, Not Merely Pressured to Pay

Date: Jun 28, 2026

§ 2L1.1(b)(8)(A) Requires Actual Restraint: “Involuntarily Detained” Means Held Against One’s Will, Not Merely Pressured to Pay I. Introduction In United States v. Aguayo-Galvez (5th Cir. June 25,...

Diversity Jurisdiction Under § 1332(a)(3) Fails When the Sole Plaintiff LLC Has Any Foreign Member

Date: Jun 28, 2026

Diversity Jurisdiction Under § 1332(a)(3) Fails When the Sole Plaintiff LLC Has Any Foreign Member 1. Introduction In FS Medical Supplies, LLC v. Tanner Pharma UK Limited (4th Cir. June 25, 2026),...

Supervisors May Be Personally Liable—and Denied Qualified Immunity—for Tacitly Authorizing a Race-Based Hostile Work Environment at the Pleading Stage

Date: Jun 28, 2026

Supervisors May Be Personally Liable—and Denied Qualified Immunity—for Tacitly Authorizing a Race-Based Hostile Work Environment at the Pleading Stage Case: Don Gordon v. William Heath (4th Cir. June...

Fraudulent Promises as “Anything of Value” Under 18 U.S.C. § 1591’s “Commercial Sex Act” Definition

Date: Jun 28, 2026

Fraudulent Promises as “Anything of Value” Under 18 U.S.C. § 1591’s “Commercial Sex Act” Definition 1. Introduction United States v. Brian Johnson (7th Cir. June 26, 2026) addresses the scope of...

Sixth Circuit: Remedy for Missed Notice of Appeal Is a Delayed Appeal, Not De Novo Resentencing

Date: Jun 28, 2026

Sixth Circuit: Remedy for Counsel’s Failure to File a Requested Notice of Appeal Is a Delayed Appeal (Reentered Judgment), Not De Novo Resentencing Case: United States v. Joshua Saunders (No....

Past Sex-Offense Convictions as a Material Factor in the Totality-of-the-Circumstances Probable-Cause Analysis

Date: Jun 28, 2026

Past Sex-Offense Convictions as a Material Factor in the Totality-of-the-Circumstances Probable-Cause Analysis I. Introduction In United States v. Austin Eugene Lineback (6th Cir. June 26, 2026), the...

Grant v. Amazon.com: Claim-Splitting Bar and Texas Chapter 21 Preemption Support Dismissal With Prejudice and Denial of Leave to Amend

Date: Jun 28, 2026

Grant v. Amazon.com: Claim-Splitting Bar and Texas Chapter 21 Preemption Support Dismissal With Prejudice and Denial of Leave to Amend Court: United States Court of Appeals for the Fifth Circuit...

AEDPA Bars First Amendment Habeas Relief for “Satanism” Sentencing Evidence Absent Clearly Established Supreme Court Limits on Relevance

Date: Jun 28, 2026

AEDPA Bars First Amendment Habeas Relief for “Satanism” Sentencing Evidence Absent Clearly Established Supreme Court Limits on Relevance I. Introduction Davis v. Guerrero (5th Cir. June 25, 2026) is...

Tenth Circuit: A District Court’s Remand to an Agency “Without Vacatur” Is Ordinarily Not Immediately Appealable Under § 1291, and Practical Finality Does Not Apply Where Vacatur Is Discretionary

Date: Jun 27, 2026

Tenth Circuit: A District Court’s Remand to an Agency “Without Vacatur” Is Ordinarily Not Immediately Appealable Under § 1291, and Practical Finality Does Not Apply Where Vacatur Is Discretionary I....

Vague Fourteenth Amendment References Cannot Create Federal Jurisdiction Over State-Law Claims Against Private Drug-Testing Providers

Date: Jun 27, 2026

Vague Fourteenth Amendment References Cannot Create Federal Jurisdiction Over State-Law Claims Against Private Drug-Testing Providers 1. Introduction Case: Bobby R. Williams v. Omega Laboratories...

McDonnell Douglas Is Not a Pleading Requirement for FHA/ECOA Claims in the Sixth Circuit

Date: Jun 27, 2026

McDonnell Douglas Is Not a Pleading Requirement for FHA/ECOA Claims in the Sixth Circuit Case: Leon Washington v. First Nat'l Bank of Penn. (No. 25-3673) — Sixth Circuit (June 26, 2026) 1....

Merriott v. City of Bossier City Commentary

Date: Jun 27, 2026

Undefined “Personal, Impertinent, or Slanderous” Public-Comment Bans Are Facially Overbroad, Vague, and Viewpoint Discriminatory in City Council Meetings I. Introduction In Merriott v. City of...

Suicidal Ideation Alone Does Not Compel a Competency Evaluation; Unprompted iPhone Passcode Entry During Warrant Execution May Be Voluntary and Non-Interrogative

Date: Jun 27, 2026

Suicidal Ideation Alone Does Not Compel a Competency Evaluation; Unprompted iPhone Passcode Entry During Warrant Execution May Be Voluntary and Non-Interrogative Case: United States v. Christopher...

Section 1332(a)(3) Requires U.S. Citizens on Both Sides When an LLC Has a Foreign Member (and Courts Lack Power to Grant NC Rule 41(b) Savings Relief Absent Jurisdiction)

Date: Jun 27, 2026

Section 1332(a)(3) Requires U.S. Citizens on Both Sides When an LLC Has a Foreign Member (and Courts Lack Power to Grant NC Rule 41(b) Savings Relief Absent Jurisdiction) I. Introduction In FS...

Substantial Ammunition as an Independent Basis for an Upward Variance in § 922(o) Machinegun Possession Sentencing

Date: Jun 27, 2026

Substantial Ammunition as an Independent Basis for an Upward Variance in § 922(o) Machinegun Possession Sentencing I. Introduction United States v. Colon-Vazquez (1st Cir. June 26, 2026) addresses...

Huey v. Anavex: Heightened Plausibility for Delayed, Market-Correlated Losses After a “Corrective” Disclosure

Date: Jun 27, 2026

Huey v. Anavex: Heightened Plausibility for Delayed, Market-Correlated Losses After a “Corrective” Disclosure I. Introduction In Huey v. Anavex Life Sciences Corporation (2d Cir. June 26, 2026), the...