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

Texas Medical-Liability Limitations: For Relationship-Based Counseling, § 74.251(a) Runs from the End of the Counselor–Patient Relationship

Date: Jun 27, 2026

Texas Medical-Liability Limitations: For Relationship-Based Counseling, § 74.251(a) Runs from the End of the Counselor–Patient Relationship Introduction In Soren Aldaco v. Barbara Rose Wood and Three...

People v. Shaw: Gonzalez Governs Third-Party Consent Voluntariness After a Payton Arrest; Borges Attenuation Can Purge the Taint

Date: Jun 27, 2026

People v. Shaw: People v Gonzalez Governs Third-Party Consent Voluntariness After a Payton Arrest; People v Borges Attenuation Can Purge the Taint 1. Introduction In People v Shaw (2026 NY Slip Op...

Noncommittal Lease-Negotiation Assurances Are Immaterial as a Matter of Law to “Bet-the-Farm” Reliance

Date: Jun 27, 2026

Noncommittal Lease-Negotiation Assurances Are Immaterial as a Matter of Law to “Bet-the-Farm” Reliance Introduction MAYA WALNUT LLC f/k/a MAYA FOODS, INC. v. BRYAN LY, WALNUT CREEK CENTER, INC., LENG...

Exclusive § 971.14 Commitments Cannot Use § 51.61(1)(g)3 to Support Court-Ordered Dangerousness Medication

Date: Jun 27, 2026

Exclusive § 971.14 Commitments Cannot Use § 51.61(1)(g)3 to Support Court-Ordered Dangerousness Medication Case: State v. N.K.B., 2026 WI 22 (Wis. June 26, 2026) (Dallet, J.) Court: Supreme Court of...

State v. N.K.B. (2026 WI 22) — § 51.61(1)(g)3. Does Not Authorize Court-Ordered Medication for “Dangerousness” Under a § 971.14-Only Competency Commitment

Date: Jun 27, 2026

New Wisconsin Rule: A § 971.14-Only Competency Commitment Cannot Support a Court-Ordered Involuntary Medication Order Based on “Dangerousness” Under § 51.61(1)(g)3. Case: State v. N.K.B., 2026 WI 22...

Tibbetts v. Rogers (10th Cir. 2026) — COA Denial: Oklahoma Rule 4.2(B) Waiver as an Adequate/Independent Bar and “Double Deference” Under AEDPA/Strickland

Date: Jun 26, 2026

COA Denial in § 2254: Oklahoma Rule 4.2(B) Waiver Bars Unpreserved Plea Claims, and AEDPA “Double Deference” Forecloses Debatable Ineffectiveness/Competency and McGirt Relief 1) Introduction Case:...

STC Codes in Bills of Lading Can Evidence a Carmack Liability Limitation When Confirmed by Course of Dealing and Published Rates

Date: Jun 26, 2026

STC Codes in Bills of Lading Can Evidence a Carmack Liability Limitation When Confirmed by Course of Dealing and Published Rates 1. Introduction In Certain Underwriters at Lloyd's v. CSX...

Immediate-Donation Panhandling Bans Are Content-Based; Standing Must Be Proven Provision-by-Provision; Injunctions Must Be Party-Specific After Trump v. CASA

Date: Jun 26, 2026

Immediate-Donation Panhandling Bans Are Content-Based; Standing Must Be Proven Provision-by-Provision; Injunctions Must Be Party-Specific After Trump v. CASA, Inc. 1. Introduction In Dennis Scott v....

Bell-Only Review for Prison Strip Searches: Turner Inapplicable and Qualified Immunity Applies Absent Clearly Established Law

Date: Jun 26, 2026

Bell-Only Review for Prison Strip Searches: Turner Inapplicable and Qualified Immunity Applies Absent Clearly Established Law I. Introduction Marcus Ingram v. Israel Hamilton (4th Cir. June 24, 2026)...

APA Limitations Accrual for Pre-Enforcement Facial Challenges: Injury Occurs at Rule Promulgation, Not Later Enforcement Signals

Date: Jun 26, 2026

APA Limitations Accrual for Pre-Enforcement Facial Challenges: Injury Occurs at Rule Promulgation, Not Later Enforcement Signals I. Introduction In Henry McMaster v. United States Department of Labor...

Plausibility Is Defeated When the Complaint Supplies a Non-Discriminatory Termination Rationale; § 1981 Requires But-For Causation at the Pleading Stage

Date: Jun 26, 2026

Plausibility Is Defeated When the Complaint Supplies a Non-Discriminatory Termination Rationale; § 1981 Requires But-For Causation at the Pleading Stage 1. Introduction In Munther Qader v. Federal...

Unverified Pleadings, Non-Comparable Comparators, and Perfunctory Appellate Briefing Cannot Defeat Summary Judgment in Title VII/MFEPA/§§1981–83 Employment Cases

Date: Jun 26, 2026

Unverified Pleadings, Non-Comparable Comparators, and Perfunctory Appellate Briefing Cannot Defeat Summary Judgment in Title VII/MFEPA/§§1981–83 Employment Cases Case: Mitchell Waters v. The Mayor...

ERISA § 514(a) Preempts Provider Defamation Claims Based on EOB Statements Explaining Benefit Denials

Date: Jun 26, 2026

ERISA § 514(a) Preempts Provider Defamation Claims Based on EOB Statements Explaining Benefit Denials Introduction In Jeffrey Ahn v. Cigna Health and Life Insurance Company, the United States Court...

United States v. Darby: Vicinage-Clause Jury-District Objections Are Waivable Absent a Timely Voir Dire Objection

Date: Jun 26, 2026

United States v. Darby: Vicinage-Clause Jury-District Objections Are Waivable Absent a Timely Voir Dire Objection 1. Introduction In United States v. David Darby (3d Cir. June 24, 2026) (not...

Extending Burlington Northern: The Third Circuit Adopts Title VII’s “Materially Adverse” Standard for ADA and FMLA Retaliation

Date: Jun 26, 2026

Extending Burlington Northern: The Third Circuit Adopts Title VII’s “Materially Adverse” Standard for ADA and FMLA Retaliation Case: Jeffrey Steidle v. United States Liability Insurance Co., Inc....

Judicial Review Is Available for Antiquities Act Monument Proclamations When Plaintiffs Allege the President Exceeded Discernible Statutory Limits

Date: Jun 26, 2026

Judicial Review Is Available for Antiquities Act Monument Proclamations When Plaintiffs Allege the President Exceeded Discernible Statutory Limits 1. Introduction Case: Garfield County, Utah v. Trump...

Rule 41(b)(3) Extra-District Warrants: Probable Cause That Activities Meet the Domestic-Terrorism Definition Suffices

Date: Jun 26, 2026

Rule 41(b)(3) Extra-District Warrants: Probable Cause That Activities Meet the Domestic-Terrorism Definition Suffices 1. Introduction United States v. James Morgan (7th Cir. June 25, 2026) addresses...

STC Codes and Course of Dealing Can Establish a “Written Agreement” Limiting Carmack Liability Without an Express Dollar Cap on the Bill of Lading

Date: Jun 26, 2026

STC Codes and Course of Dealing Can Establish a “Written Agreement” Limiting Carmack Liability Without an Express Dollar Cap on the Bill of Lading 1. Introduction Certain Underwriters at Lloyd’s...

Immediate-Donation Panhandling Bans Are Content-Based; Standing and Relief Must Be Provision- and Party-Specific

Date: Jun 26, 2026

Immediate-Donation Panhandling Bans Are Content-Based; Standing and Relief Must Be Provision- and Party-Specific Introduction Case: Dennis Scott v. City of Daytona Beach, Florida (11th Cir. June 25,...

Missouri Judge-Sentencing Rule: Clark/Fassero Preponderance Limits Do Not Extend to Judicial Sentencing, and Watts Is Inapplicable Outside Federal Guidelines

Date: Jun 26, 2026

Missouri Judge-Sentencing Rule: Clark/Fassero Preponderance Limits Do Not Extend to Judicial Sentencing, and Watts Is Inapplicable Outside Federal Guidelines Case: State vs. Harris (No. SC101233)...