Exhaustion-Enforced Waiver and CAT Acquiescence: Failure to Challenge Nexus Before the BIA Bars Asylum/Withholding Review 1. Introduction In Cesar Plaza Rivera v. Attorney General United States of...
Third Circuit: Applying Ross “On‑Mission” Categories to Passenger Questioning and Construing “Can I Search You?” as General Consent to a Full Pat-Down I. Introduction United States v. Christopher...
Drug-Premises Enhancement Applies When Drug Distribution Is a Significant (Not Sole) Purpose of a Residence 1. Introduction In United States v. Jason Mika (3d Cir. Aug. 21, 2026) (nonprecedential),...
Rule 33 New Trials for Deadlock Instructions: Misstatement “You Have to” Requires Undue Coercion and Prejudice in Context I. Introduction United States v. Philip Epps (Third Circuit, Aug. 21, 2026)...
NRS 49.045 Does Not Create an Attorney–Client Relationship for RPC 1.7, and Credibility-Driven RPC 1.18 Disqualification Requires an Evidentiary Hearing 1. Introduction In AAA AIR FILTER CO., INC. v....
Fee-as-Damages Claims Based on Pre-Litigation Bad Faith Must Be Raised Pretrial or Are Waived I. Introduction Young Min Ban v. Joseph P. Manheim (Del. Aug. 21, 2026) addresses a recurring boundary...
§ 12-2604 Requires Courts to Identify the Alleged “Care or Treatment at Issue” and to Scrutinize Claimed Board-Certified Specialties (Including Majority-Time Practice) 1. Introduction AROJOJOYE v....
FDA’s “Comparative-Efficacy” PMTA Requirement Is a Substantive Rule Requiring APA Notice-and-Comment 1. Introduction In NicQuid, L.L.C. v. FDA, a consolidated set of petitions, multiple e-cigarette...
Free Return Travel and Anecdotal Country Conditions Do Not Compel Asylum/CAT Relief Absent a “Pattern of Sustained Pursuit” Case: Zhuravlev v. Blanche, No. 25-60410 (5th Cir. Aug. 19, 2026) (per...
Pipeline Safety Act Citizen Suits: The 60‑Day Notice-and-Delay Requirement Is a Mandatory Condition Precedent Requiring Dismissal 1. Introduction Sunoco Pipeline LP v. Daniel La Hart (3d Cir. Aug....
Florida Robbery by Sudden Snatching Categorically Qualifies as an INA “Theft Offense” Aggravated Felony 1. Introduction In Rishi Ramdial v. U.S. Attorney General (11th Cir. Aug. 21, 2026), the...
Catanese v. Curtis — Conclusory Fourth Amendment Claims, Waiver, and Qualified Immunity in Emergency-Aid “Sober Home” Entries 1. Introduction Catanese v. Curtis (1st Cir. Aug. 21, 2026) arose from...
Conclusory Fourth Amendment Allegations Cannot Defeat Summary Judgment; Qualified Immunity for Follow-On Emergency-Aid Entries Catanese v. Curtis (1st Cir. Aug. 21, 2026) I. Introduction This case...
APA Notice-and-Comment Required for FDA’s “Comparative Efficacy” PMTA Standard When Imposed Through Informal Adjudication Case: Elite Brothers, L.L.C. v. FDA (consolidated petitions including...
FDA “Comparative Efficacy” PMTA Requirement Is a Substantive Rule Requiring APA Notice-and-Comment Case: Vertigo Vapor, L.L.C. v. FDA (consolidated petitions) Court: United States Court of Appeals...
Continuance Denials Require a Concrete Showing of Harm (Especially When Late-Disclosed Expert Material Is Not Used at Trial) 1. Introduction In Hensley v. The State (Supreme Court of Georgia, Aug....
CAFA Local-Controversy “Significant Basis” Requires a Conduct-Comparative Analysis; § 1291 Review Barred When Jurisdictional Remand Characterization Is Colorable 1. Introduction Daniel La Hart and...
Nonsignatory Cannot Invoke a Delegation Clause Absent Clear Assent; Texas Direct-Benefits Estoppel May Still Compel Arbitration of Warranty Claims Introduction In Greg Kerr v. General Motors LLC (3d...
Dismissals Based on Rooker-Feldman or Eleventh Amendment Immunity Must Be Without Prejudice; Other Claim-Defeating Doctrines May Warrant With-Prejudice Dismissal Introduction In Richard Silverberg v....
Chain of Custody Need Not Be Proven Beyond a Reasonable Doubt in the Third Circuit Introduction In United States v. Kenneth Strickland (3d Cir. Aug. 18, 2026), Kenneth Strickland appealed jury...