PROMESA Title III Discharge Does Not Extend to Personal-Capacity Claims Against Commonwealth Officials I. Introduction Case: Hernández Zorilla v. FOMB (arising within the Commonwealth’s PROMESA Title...
Rule 56(d) Relief in the First Circuit: Summary Judgment Is Generally Premature When the Nonmovant Has Had No Meaningful Discovery Opportunity 1. Introduction Cortes-Ramos v. Martin-Morales (1st Cir....
Rooker–Feldman Bars Federal “Remand” Requests that Functionally Seek Reversal of Final State-Court Dismissals 1. Introduction In Tony Ping Yew, Executor of Estate of John Y Wei v. Attorney General...
STOLI Illegality Cannot Be Avoided by “Group Policy” Labeling; New York Delivery Statute Does Not Control Choice-of-Law Litigation Analysis Case: Lincoln National Life Insurance Co v. Retirement...
“Federal Inmate” Is an Element, Not a Jurisdictional Prerequisite, and Retroactive Amendment 821 Requires Resentencing by Removing Status Points 1. Introduction In United States v. Manuel Guillermo...
Specific-and-Concrete Nexus Required to Search a Residence in Drug-Trafficking Investigations (Good-Faith May Still Save the Search) 1. Introduction People of Michigan v. Craig Lamont Buggs, Jr....
Ballard (10th Cir. 2026): § 3553(a) Does Not Require Consideration of an Unrelated Existing Sentence When Imposing Consecutive Statutory-Maximum Terms for Prison Violence 1. Introduction In United...
Revocation Sentencing After Esteras: A Retracted § 3553(a)(2)(A) Reference and Public-Safety-Based Reasoning Do Not Create Reversible Procedural Error Case: United States v. Yazzie (10th Cir. June...
Attempted Child Sex Trafficking: Reckless Disregard of Age Suffices Even Without an Actual Minor (and § 1594 Judgments Do Not Become § 1591 Convictions for First Step Act Purposes) I. Introduction...
Rule 41(g) After Sentencing: State Rebuts Presumptive Entitlement by Showing Property Is Likely Stolen; Movant Must Then Prove Lawful Possession 1. Introduction In Jesse Alexander Mostaert v. The...
Leon Good-Faith Applies Despite Close Probable Cause Where Affidavit Shows Substantial Access (Not Residency) and Alleged Misstatements/Omissions Are at Most Negligent I. Introduction In United...
Martin v. Duran: Barnes “Totality” Review Does Not Justify a Second, Gratuitous Taser Use; No Clearly Established Bar to Late-Night Terry Stop in Government Complex Court: U.S. Court of Appeals for...
Judicial Estoppel in Bankruptcy Nondisclosure Requires a Totality-of-the-Circumstances “Inadvertence or Mistake” Inquiry Keathley v. Buddy Ayers Construction, Inc., 608 U.S. ___ (2026) (Decided June...
§1519 Venue Is Limited to the District of Falsification (Mens Rea and “Contemplated Effects” Do Not Expand Venue) 1. Introduction Abouammo v. United States (608 U. S. ___ (2026)) addresses where a...
OPRA Treats Logs of Government-Related Emails in Officials’ Personal Accounts as Government Records (But Not Whole Personal-Account Logs) I. Introduction In Alex Rosetti v. Ramapo-Indian Hills...
FECA as a “Healthcare Benefit Program” and Full-Account Forfeiture When Commingling Conceals Fraud Proceeds Introduction In United States v. Nourian (5th Cir. June 10, 2026) (per curiam) (not...
McLellan v. Brown: The Second Amendment Permits Categorical, Temporary Disarmament of Recidivist DUI Offenders Without Individualized Dangerousness Findings 1. Introduction In McLellan v. Brown...
Tenth Circuit Jurisdictional Bar to Reviewing Discretionary Denials of Guideline Departures When the District Court Recognizes Its Authority Case: United States v. Trejo-Mendoza (10th Cir. June 11,...
Rule 35(a) Does Not Permit Collateral Attacks on Convictions or Statutes; “Illegal Sentence” Means Statutorily Unauthorized Sentence Introduction State v. Travis Smith (2026 VT 22) is a Vermont...
Chapter 21 Repurchase Actions as a Waiver of Texas Sovereign Immunity (and the Limits Urged by the Hawkins Dissent) I. Introduction In The State of Texas and Kyle Madsen in his Official Capacity as...