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

Post–Loper Bright “Best Reading” Rule: INA “Conviction” Requires (1) Foundational Criminal-Procedure Protections and (2) Criminal Sentencing

Date: Aug 21, 2026

Post–Loper Bright “Best Reading” Rule: INA “Conviction” Requires (1) Foundational Criminal-Procedure Protections and (2) Criminal Sentencing I. Introduction Wong v. Blanche (2d Cir. Aug. 19, 2026)...

Substantive Due Process Bars Predatory-Offender Registration Triggered by a Predatory Charge Ending in a Trial Judgment of Acquittal

Date: Aug 21, 2026

Substantive Due Process Bars Predatory-Offender Registration Triggered by a Predatory Charge Ending in a Trial Judgment of Acquittal 1. Introduction In Chad Loran Siegel v. Drew Evans (Minn. Aug. 19,...

Trustee Appointment Is a Condition Precedent to Commencing a Minnesota Wrongful Death Action

Date: Aug 21, 2026

Trustee Appointment Is a Condition Precedent to Commencing a Minnesota Wrongful Death Action Case: Keith D Hagfors, as Trustee for the Next of Kin of Sara E Hagfors v. Fairview Health Services, et...

Zielinski “Reasonable-Probability” Standard Governs Denials of Vacatur Petitions Under the 2023 Felony-Murder Relief Act

Date: Aug 21, 2026

Zielinski “Reasonable-Probability” Standard Governs Denials of Vacatur Petitions Under the 2023 Felony-Murder Relief Act Case: Ryan Grant v. State of Minnesota Court: Supreme Court of Minnesota Date:...

Chilled Worship Attendance Establishes Standing and RFRA “Substantial Burden” Against DHS’s Sensitive-Locations Rollback

Date: Aug 21, 2026

Chilled Worship Attendance Establishes Standing and RFRA “Substantial Burden” Against DHS’s Sensitive-Locations Rollback 1. Introduction In Yearly Meeting of the Religious Society of Friends v....

Negligent Reliance on Ambiguous THC Lab Results Does Not Create a Franks Violation: Qualified Immunity and Limits on Monell Failure-to-Train

Date: Aug 21, 2026

Negligent Reliance on Ambiguous THC Lab Results Does Not Create a Franks Violation: Qualified Immunity and Limits on Monell Failure-to-Train I. Introduction In Degollado v. City of Port Lavaca (5th...

Gaither v. Carter: Equitable Tolling in the Fifth Circuit Requires Specific Pleading of Diligence, Obstruction, and Timing

Date: Aug 21, 2026

Gaither v. Carter: Equitable Tolling in the Fifth Circuit Requires Specific Pleading of Diligence, Obstruction, and Timing 1. Introduction In Gaither v. Carter (5th Cir. Aug. 18, 2026) (per curiam,...

Fifth Circuit: Groundwater-Reduction “Compliance Service” Contracts Are Not Per Se Price-Fixing or Market Allocation; Rule-of-Reason Requires Proof of a Relevant Market

Date: Aug 21, 2026

Fifth Circuit: Groundwater-Reduction “Compliance Service” Contracts Are Not Per Se Price-Fixing or Market Allocation; Rule-of-Reason Requires Proof of a Relevant Market 1. Introduction Quadvest,...

TCA’s Nine-Warning Ceiling: FDA Lacks Authority to Expand Cigarette Warning Statements Beyond Congress’s Enumerated List (and APA § 705 Postponement Operates Rule-Wide)

Date: Aug 21, 2026

TCA’s Nine-Warning Ceiling: FDA Lacks Authority to Expand Cigarette Warning Statements Beyond Congress’s Enumerated List (and APA § 705 Postponement Operates Rule-Wide) I. Introduction Case: R J...

United States v. Enclade (5th Cir. 2026): Case-Agent “Code Word” Interpretation Is Unhelpful Lay Opinion When the Jury Can Draw the Inference Itself

Date: Aug 21, 2026

United States v. Enclade (5th Cir. 2026): Case-Agent “Code Word” Interpretation Is Unhelpful Lay Opinion When the Jury Can Draw the Inference Itself I. Introduction Case: United States v. Enclade,...

United States v. Sethi: Out-of-Court Statements Not Hearsay When Offered for Context/Notice/Falsity; Limiting Instructions Require a Timely, Specific Request

Date: Aug 21, 2026

United States v. Sethi: Out-of-Court Statements Not Hearsay When Offered for Context/Notice/Falsity; Limiting Instructions Require a Timely, Specific Request Court: Court of Appeals for the Fifth...

Additional Mitigation Evidence Does Not Create a “New” Penalty-Phase IAC Claim to Evade AEDPA § 2254(d)

Date: Aug 21, 2026

Additional Mitigation Evidence Does Not Create a “New” Penalty-Phase IAC Claim to Evade AEDPA § 2254(d) Case: Wessinger v. Vannoy (5th Cir. Aug. 18, 2026) | Court: United States Court of Appeals for...

Intermittent Harassment and Anecdotal Country Evidence, Coupled with Free Return Travel, Do Not Compel Asylum/CAT Relief

Date: Aug 21, 2026

Intermittent Harassment and Anecdotal Country Evidence, Coupled with Free Return Travel, Do Not Compel Asylum/CAT Relief Case: Zhuravlev v. Blanche (5th Cir. Aug. 18, 2026) (per curiam; unpublished)...

FSIA Cases: Courts Must Use § 1608(e) Default-Judgment Procedure (Implemented Through Rule 55) Rather Than Trying a Foreign State In Absentia

Date: Aug 21, 2026

FSIA Cases: Courts Must Use § 1608(e) Default-Judgment Procedure (Implemented Through Rule 55) Rather Than Trying a Foreign State In Absentia Case: Ricardo Devengoechea v. Bolivarian Republic of...

No Reasonable Expectation of Privacy in Unsecured Secret Recordings Placed in Shared Spaces; No Categorical Time-Limit Requirement for Hard-Drive Warrants

Date: Aug 21, 2026

No Reasonable Expectation of Privacy in Unsecured Secret Recordings Placed in Shared Spaces; No Categorical Time-Limit Requirement for Hard-Drive Warrants Introduction In United States v. Kenneth...

Anti-Kickback Statute: “May Be Made” Satisfied by Potential Federal Coverage; Employee Safe Harbor Is an Affirmative Defense Waived if Not Raised

Date: Aug 21, 2026

Anti-Kickback Statute: “May Be Made” Satisfied by Potential Federal Coverage; Employee Safe Harbor Is an Affirmative Defense Waived if Not Raised Case: United States v. Steven Chun (with Daniel...

Accrual of § 1983 Challenges to Sex-Offender Registration Begins When Registration Is First Enforced (Not at Sentencing)

Date: Aug 21, 2026

Accrual of § 1983 Challenges to Sex-Offender Registration Begins When Registration Is First Enforced (Not at Sentencing) Case: Darrel Deon Harvey v. Secretary, Florida Department of Corrections, et...

ADA “Qualified Individual” Rule: Illegal Marijuana Use (and Failure to Complete a Required Drug Test) Defeats the Prima Facie Case

Date: Aug 21, 2026

ADA “Qualified Individual” Rule: Illegal Marijuana Use (and Failure to Complete a Required Drug Test) Defeats the Prima Facie Case Introduction In Kimberly Bellamy v. C2 Global Professional Services...

With-Prejudice Dismissal After One Repleader Opportunity for Shotgun Pleadings, and Appellate Jurisdiction Limited to Orders Designated in the Notice of Appeal

Date: Aug 21, 2026

With-Prejudice Dismissal After One Repleader Opportunity for Shotgun Pleadings, and Appellate Jurisdiction Limited to Orders Designated in the Notice of Appeal 1. Introduction In Melissa Madaffari v....

Future Plans to Move Do Not Defeat “Residency,” but “Household” Membership Turns on a Fact-Intensive Merger Inquiry (Georgia UM “Resident Relative” Coverage)

Date: Aug 21, 2026

Future Plans to Move Do Not Defeat “Residency,” but “Household” Membership Turns on a Fact-Intensive Merger Inquiry (Georgia UM “Resident Relative” Coverage) I. Introduction Travelers Property...