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

ALLER v. STATE (Ariz. 2026) Commentary

Date: Aug 26, 2026

Grand Jury Secrecy After Dismissal: “Particularized Need” Governs a Former Defendant’s Civil Use of Transcripts, with Mandatory In Camera Review and Tailored Use Conditions I. Introduction In ALLER...

Pereira Alves v. Blanche: “Avoiding the Locus” Is Not Internal Relocation; Indirect Family Harm and Non-Menacing Threats Do Not Compel Asylum

Date: Aug 26, 2026

Pereira Alves v. Blanche: “Avoiding the Locus” Is Not Internal Relocation; Indirect Family Harm and Non-Menacing Threats Do Not Compel Asylum 1. Introduction Pereira Alves v. Blanche (1st Cir. Aug....

Prior Professional Acquaintance Alone Does Not Require Recusal; Rule 60(b)(6) Cannot Repackage Earlier-Available Arguments in Hague Return Cases

Date: Aug 26, 2026

Prior Professional Acquaintance Alone Does Not Require Recusal; Rule 60(b)(6) Cannot Repackage Earlier-Available Arguments in Hague Return Cases Case: Dumitrascu v. Dumitrascu (10th Cir. Aug. 24,...

Disability and Foster-Care Licensure: Individualized Assessment Required, but Applicants Must Offer a Concrete, Reliable Assistance Plan to Make Physical-Care Accommodations Reasonable

Date: Aug 26, 2026

Disability and Foster-Care Licensure: Individualized Assessment Required, but Applicants Must Offer a Concrete, Reliable Assistance Plan to Make Physical-Care Accommodations Reasonable Introduction...

Indefinite Telework That Fully Meets Medical Limitations Defeats an ADA § 12112(b)(5)(A) Failure-to-Accommodate Claim; Retaliation for Requesting an Accommodation Is Not Per Se Disability Discrimination

Date: Aug 26, 2026

Indefinite Telework That Fully Meets Medical Limitations Defeats an ADA § 12112(b)(5)(A) Failure-to-Accommodate Claim; Retaliation for Requesting an Accommodation Is Not Per Se Disability...

Demand-for-Cash Rule: A Bank-Robbery Demand Alone Establishes “Intimidation” Under 18 U.S.C. § 2113(a)

Date: Aug 26, 2026

Demand-for-Cash Rule: A Bank-Robbery Demand Alone Establishes “Intimidation” Under 18 U.S.C. § 2113(a) Case: United States v. Keith Bernard Miller (11th Cir. Aug. 24, 2026) Issue: Whether passing a...

Eleventh Circuit: No Per Se Renewed Faretta Hearing After Superseding Indictment; Child-Witness Two-Way CCTV Permissible Even Against a Pro Se Defendant

Date: Aug 26, 2026

Eleventh Circuit: No Per Se Renewed Faretta Hearing After Superseding Indictment; Child-Witness Two-Way CCTV Permissible Even Against a Pro Se Defendant I. Introduction In United States v. Samuel...

Pereira Alves v. Blanche — Avoiding a Targeted Household Is Not “Internal Relocation,” and a Relative’s Asylum Grant (Without Findings) Does Not Establish Prima Facie Eligibility

Date: Aug 26, 2026

Avoiding a Targeted Household Is Not “Internal Relocation,” and a Relative’s Asylum Grant (Without Findings) Does Not Establish Prima Facie Eligibility I. Introduction Pereira Alves v. Blanche (1st...

No Evidentiary Hearing in Civil Contempt Absent a Genuine Dispute of Material Fact; Service on Counsel Can Supply Notice for Seizure-Warrant Compliance

Date: Aug 26, 2026

No Evidentiary Hearing in Civil Contempt Absent a Genuine Dispute of Material Fact; Service on Counsel Can Supply Notice for Seizure-Warrant Compliance Case: United States v. Reynoso (No. 25-1328) |...

Rule 25’s 90-Day Clock Runs Absent a Successor/Representative, and Unserved Defendants Cannot Be Dismissed With Prejudice

Date: Aug 26, 2026

Rule 25’s 90-Day Clock Runs Absent a Successor/Representative, and Unserved Defendants Cannot Be Dismissed With Prejudice Case: Jeevan Malhotra v. Ajit Kumar (11th Cir. Aug. 24, 2026) (per curiam)...

Cancellation of Removal Hardship Review: Deferential Substantial-Evidence Scrutiny and the Required Showing of Unavailable Medical Care Abroad

Date: Aug 26, 2026

Cancellation of Removal Hardship Review: Deferential Substantial-Evidence Scrutiny and the Required Showing of Unavailable Medical Care Abroad Case: Pranaykumar Umedbhai Patel v. U.S. Attorney...

Downing: Conclusory Group Pleading Fails Under Iqbal/Twombly; Monell Amendment Futile Without Policy/Custom; Pro Se Appellate Abandonment

Date: Aug 26, 2026

Conclusory “Group Pleading” Cannot Sustain a Pro Se § 1983 Claim; Monell Amendment Is Futile Absent an Alleged Policy/Custom; Issues Not Briefed in the Opening Appeal Are Abandoned 1. Introduction In...

Supervised-Release No-Contact Conditions Upheld When Tied to § 3553(a) and Supported by Reliable Corroborated Hearsay

Date: Aug 26, 2026

Supervised-Release No-Contact Conditions Upheld When Tied to § 3553(a) and Supported by Reliable Corroborated Hearsay 1. Introduction In United States v. Antonio Oscar Tatum (11th Cir. Aug. 24, 2026)...

First Step Act § 404(b) Resentencing Cannot Reduce Statutory Mandatory-Minimum Supervised Release Using Nonretroactive § 401 Changes or Related Guidelines (Post-Concepcion)

Date: Aug 26, 2026

First Step Act § 404(b) Resentencing Cannot Reduce Statutory Mandatory-Minimum Supervised Release Using Nonretroactive § 401 Changes or Related Guidelines (Post-Concepcion) Introduction United States...

Rule 8(a) as a Standalone Basis to Dismiss Prolix § 1983 Complaints—and Appellate Forfeiture When the Rule 8 Ruling Is Not Challenged

Date: Aug 26, 2026

Rule 8(a) as a Standalone Basis to Dismiss Prolix § 1983 Complaints—and Appellate Forfeiture When the Rule 8 Ruling Is Not Challenged 1. Introduction Anderson v. Woods (10th Cir. Aug. 24, 2026) arose...

Word-Limit Rejection of Prison Grievance Appeals Constitutes Non-Exhaustion Under the PLRA; § 1997e(a) Dismissals Must Be Without Prejudice

Date: Aug 26, 2026

Word-Limit Rejection of Prison Grievance Appeals Constitutes Non-Exhaustion Under the PLRA; § 1997e(a) Dismissals Must Be Without Prejudice 1. Introduction In Brandon Porter v. Christopher Hoch (7th...

Consistent, Supplemented Hiring Explanations Do Not Show Pretext Absent Evidence of Mendacity

Date: Aug 26, 2026

Consistent, Supplemented Hiring Explanations Do Not Show Pretext Absent Evidence of Mendacity 1. Introduction Richard Highbaugh v. Exelead, Inc. (7th Cir. Aug. 24, 2026) arises from a failed...

Harmless-Error Affirmance Where Disputed Lay/Expert Yield Estimates Do Not Cure a Failure of Proof on Conversion

Date: Aug 26, 2026

Harmless-Error Affirmance Where Disputed Lay/Expert Yield Estimates Do Not Cure a Failure of Proof on Conversion 1. Introduction Valley View Farms v. BOS Dairy LLC (7th Cir. Aug. 24, 2026) arises out...

Continuous Michigan Class-Action Tolling for § 1983 Takings Claims When a Putative Class Case Is Reopened (MCR 3.501(F))

Date: Aug 26, 2026

Continuous Michigan Class-Action Tolling for § 1983 Takings Claims When a Putative Class Case Is Reopened (MCR 3.501(F)) 1. Introduction Brent Perry v. St. Joseph Cnty., Mich. arises out of Michigan...

Sixth Circuit: Younger Abstention Does Not Apply to a State University’s Preliminary Investigation Absent a Formal, Ongoing Disciplinary Proceeding

Date: Aug 26, 2026

Sixth Circuit: Younger Abstention Does Not Apply to a State University’s Preliminary Investigation Absent a Formal, Ongoing Disciplinary Proceeding I. Introduction In Ramsi Woodcock v. Univ. of Ky.,...