§ 432.070 and Sovereign Immunity Bar Municipal “Money Had and Received” Refund Suits Premised on Implied Waste-Service Obligations 1. Introduction In State ex rel. City of St. Louis v. The Honorable...
Sovereign Immunity as a Plaintiff’s Prima Facie Burden in Municipal Indemnification Actions 1. Introduction Holmes vs. Zellers, decided en banc by the Supreme Court of Missouri on June 23, 2026,...
Unpreserved Erlinger-Based Persistent-Offender Errors Require Plain-Error Manifest Injustice (Not Automatic Reversal); Certified Out-of-State Records May Prove Felony Status 1. Introduction In State...
Wilson v. State: Prima Facie Showing Triggers a Mandatory Hearing and Expert Testimony on SVP Removal Indiana Supreme Court (26S-CR-197) — June 23, 2026 (Goff, J.) Concurrence in part and in the...
Rule 8.4(g) “Professional Capacity” Defined: A Substantial-Connection Test for Biased or Prejudicial Lawyer Conduct Case: In the Matter of Robert James Hardy Jr. (Supreme Court of Indiana, June 23,...
Unamended EEOC Charge Limits Judicial Claims: Discrete Termination and Hostile-Work-Environment Allegations Must Be Administratively Exhausted Case: Kathleen Safford v. Sedgwick Claims Management...
Anders Dismissal with Limited Review and Enforced Waiver of Sentencing/Release-Condition Objections in a Multi-Count Violent-Crime Sentence 1. Introduction In United States v. Dwight Hasberry, the...
No Plain-Error Right to Specific Unanimity on the Timing of § 924(c) Possession “In Furtherance,” and Fleeting Gang References Rarely Justify a Mistrial Introduction In United States v. Chicoby...
Rule 11(c)(1) Plea-Participation Violations After a Jury Trial: Lafler-Style Prejudice and Harmlessness Where Acceptance-of-Responsibility Would Not Change the Sentence I. Introduction United States...
Pleading Constructive Knowledge Under Arkansas’s Broyles Act: “Red Flags” Can Defeat a Service-Provider Exemption at the Motion-to-Dismiss Stage 1. Introduction Mike Huckabee v. Meta Platforms, Inc....
Tenth Circuit: Ultra Vires Exception Allows Judicial Review of Antiquities Act Monument Proclamations Where Statute Imposes Discernible Limits Case: Dalton v. Trump (consolidated appeals Nos. 23-4106...
Spending Clause Statutes Cannot Impose Individual-Capacity Liability Without Voluntary and Knowing Consent Case: Landor v. Louisiana Dept of Corrections and Public Safety (U.S. Supreme Court, June...
Unsafe-Distance High-Velocity Pepper Spray to a Restrained Detainee Violates Clearly Established Fourth Amendment Law 1. Introduction Sanchez v. Nunemaker (5th Cir. June 23, 2026) arises from a...
United States v. Long: Separate-Case Informant Perjury Is Not Brady-Material When the Verdict Is Strongly Corroborated I. Introduction In United States v. Long (5th Cir. June 23, 2026) (per curiam)...
FCRA “Credit-Report Pull” Claims After Charge-Off Fall Within Broad Cardholder Arbitration Clauses 1. Introduction In Deborah Glover v. Merrick Bank (3d Cir. June 22, 2026) (not precedential), the...
Borrowed-Servant Immunity Under Pennsylvania Workers’ Compensation Act Requires a Jury When Evidence of Control Is Conflicting in Federal Task-Force Operations I. Introduction Case: Michael Trently...
Actual-Innocence Gateway Requires Clear-and-Convincing Rebuttal of State Credibility Findings (and Freestanding Innocence Requires Even More) 1. Introduction In Jumar House v. Jeffrey Wehking, No....
Rule 54’s 14-Day Deadline Bars Belated Appellate-Fee Requests, Even After an Appeal Is Affirmed Case: Merchant v. Merchant (5th Cir. June 22, 2026) (per curiam) (not designated for publication)...
Arresting for Refusal to Identify After Detention Ends Lacks Probable Cause (and “Interference” Requires More Than Argument) I. Introduction Comichi v. Pethel (5th Cir. June 23, 2026) arises from a...
Loper Bright Does Not Excuse Failure to Exhaust a BLBA Regulatory Challenge Before the ALJ and Benefits Review Board 1. Introduction In Extra Energy, Incorporated v. DOWCP (4th Cir. June 23, 2026)...