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

Upward Variance Above § 924(c) Mandatory Minimum Upheld Where Record-Based § 3553(a) Explanation Justifies the Extent of the Variance (Anders Dismissal)

Date: Jun 26, 2026

Upward Variance Above § 924(c) Mandatory Minimum Upheld Where Record-Based § 3553(a) Explanation Justifies the Extent of the Variance (Anders Dismissal) 1. Introduction United States v. Marris (10th...

ADA Accommodation Limits: No Right to an In-Place Promotion, and an Employee Who Declines the Interactive Process Cannot Prove Failure to Accommodate

Date: Jun 26, 2026

ADA Accommodation Limits: No Right to an In-Place Promotion, and an Employee Who Declines the Interactive Process Cannot Prove Failure to Accommodate Case: Michael Jezior v. City of Chicago Court:...

Express Bench-Trial Waiver and Invited-Error Bar in ACCA Different-Occasions Litigation After Erlinger

Date: Jun 26, 2026

Express Bench-Trial Waiver and Invited-Error Bar in ACCA Different-Occasions Litigation After Erlinger I. Introduction In United States v. Daniel DeWayne Conner (11th Cir. 2026-06-24) (unpublished,...

Sixth Circuit: No Plain-Error Requirement for Date/Time Unanimity in § 924(c) “In Furtherance” Possession; Fleeting Gang References and Cumulative-Impeachment Exclusions Treated as Harmless

Date: Jun 26, 2026

Sixth Circuit: No Plain-Error Requirement for Date/Time Unanimity in § 924(c) “In Furtherance” Possession; Fleeting Gang References and Cumulative-Impeachment Exclusions Treated as Harmless...

Fleeting Gang References and Timing Disagreement Do Not Require Mistrial or Specific Unanimity in § 924(c) Cases Absent Binding Authority

Date: Jun 26, 2026

Fleeting Gang References and Timing Disagreement Do Not Require Mistrial or Specific Unanimity in § 924(c) Cases Absent Binding Authority I. Introduction In United States v. Jerlen Horton,...

Title III Limits: Self-Created Statewide Voter Databases Are Not Records that “Come Into” an Election Official’s Possession; DOJ Demands Must State Both Basis and Purpose

Date: Jun 26, 2026

Title III Limits: Self-Created Statewide Voter Databases Are Not Records that “Come Into” an Election Official’s Possession; DOJ Demands Must State Both Basis and Purpose 1. Introduction United...

No Duty to Protect an Independent Contractor from an Undisclosed, Self-Devised “Visual Inspection” Method; Proximate Cause Requires Evidence the Defendant’s Acts Would Have Prevented the Injury

Date: Jun 26, 2026

No Duty to Protect an Independent Contractor from an Undisclosed, Self-Devised “Visual Inspection” Method; Proximate Cause Requires Evidence the Defendant’s Acts Would Have Prevented the Injury 1....

Rule 8 Requires Coherent Pleading—Exhibits and “Incorporation by Reference” Cannot Substitute for a Short and Plain Statement

Date: Jun 26, 2026

Rule 8 Requires Coherent Pleading—Exhibits and “Incorporation by Reference” Cannot Substitute for a Short and Plain Statement 1. Introduction In Jeffrey Luffman v. Collinsville Community Unit School...

Strict Rule 56.1 Enforcement and FMLA Third-Opinion Noncooperation: Seventh Circuit Affirms Summary Judgment in Brown v. CTA

Date: Jun 26, 2026

Strict Rule 56.1 Enforcement and FMLA Third-Opinion Noncooperation: Seventh Circuit Affirms Summary Judgment in Brown v. Chicago Transit Authority 1. Introduction Russia Brown v. Chicago Transit...

TCPA Vicarious Liability in Multi-Tier Telemarketing Requires Authority at Each Delegation Level; Treble Damages Require Knowing or Reckless Violations

Date: Jun 26, 2026

TCPA Vicarious Liability in Multi-Tier Telemarketing Requires Authority at Each Delegation Level; Treble Damages Require Knowing or Reckless Violations Case: Robert Hossfeld v. Allstate Insurance...

Speculation Cannot Prove Knowledge or Personal Responsibility: Summary Judgment Standards for Prison Retaliation and Eighth Amendment Claims

Date: Jun 26, 2026

Speculation Cannot Prove Knowledge or Personal Responsibility: Summary Judgment Standards for Prison Retaliation and Eighth Amendment Claims Case: Stanley Boclair v. Rob Jeffreys, et al. (No....

EMSA Paramedic Immunity: Two Physician Calls Can Satisfy “Maintain Direct Voice Communication” and an Intubation Order Can Cover Multiple Attempts

Date: Jun 26, 2026

EMSA Paramedic Immunity: Two Physician Calls Can Satisfy “Maintain Direct Voice Communication” and an Intubation Order Can Cover Multiple Attempts I. Introduction In Jari Almonte v. Township of Union...

Dismissed-with-Prejudice, Joined Charges: Probable-Cause Affidavit Allegations May Be Considered at Sentencing Without Triggering the Pending-Charge Rule

Date: Jun 26, 2026

Dismissed-with-Prejudice, Joined Charges: Probable-Cause Affidavit Allegations May Be Considered at Sentencing Without Triggering the Pending-Charge Rule 1. Introduction In State v. Pope, 2026 ND...

Clooten v. Clooten (2026 ND 126) Commentary

Date: Jun 26, 2026

Nonfinal Post-Divorce Redistribution Orders Are Not Appealable; Remedial Contempt Sanctions May Rest on Reasonable, Non-Precise Proof of Loss 1. Introduction Clooten v. Clooten, 2026 ND 126, arose...

Legislatively Proposed Repeal or Alteration of Voter‑Imposed Term Limits Is Constitutionally Barred and Void Ab Initio

Date: Jun 26, 2026

Legislatively Proposed Repeal or Alteration of Voter‑Imposed Term Limits Is Constitutionally Barred and Void Ab Initio Case: Bjerke v. North Dakota Legislative Assembly, 2026 ND 118 Court: Supreme...

State v. Boynton (2026 ND 120): A Guilty Plea to “False Information to Law Enforcement” Requires an On-the-Record Factual Basis for Materiality

Date: Jun 26, 2026

State v. Boynton (2026 ND 120): A Guilty Plea to “False Information to Law Enforcement” Requires an On-the-Record Factual Basis for Materiality I. Introduction In State v. Boynton, the North Dakota...

Mandatory-Arbitration Case-Closures Are a SAPA “Rule”: Limits on DOL Enforcement Discretion Require Rulemaking

Date: Jun 26, 2026

Mandatory-Arbitration Case-Closures Are a SAPA “Rule”: Limits on DOL Enforcement Discretion Require Rulemaking 1. Introduction Matter of Gui Zhu Chen v. Reardon (2026 NY Slip Op 04014) is a Third...

People v. Presley (2026 NY Slip Op 04012) Commentary

Date: Jun 26, 2026

Remittal Required When the Trial Court Fails to Decide a CPL 30.30 Motion Challenging the Validity of a Certificate of Compliance 1. Introduction In People v Presley (2026 NY Slip Op 04012 [3d Dept...

Discovery Sanctions After a So-Ordered Stipulation: Willfulness May Be Found, But Dismissal Must Still Be Proportionate

Date: Jun 26, 2026

Discovery Sanctions After a So-Ordered Stipulation: Willfulness May Be Found, But Dismissal Must Still Be Proportionate 1. Introduction Connors v ASM Global Parent, Inc. (2026 NY Slip Op 04016 [3d...

“Proceedings” in Penal Code § 2900.5(b) Means a Single Criminal Case: No Automatic Cross-Case Pooling of Presentence Custody Credits

Date: Jun 26, 2026

“Proceedings” in Penal Code § 2900.5(b) Means a Single Criminal Case: No Automatic Cross-Case Pooling of Presentence Custody Credits People v. Cofer (Cal. June 25, 2026) — Supreme Court of California...