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

Wisconsin Supreme Court Signals Willingness to Fast-Track Petitions for Review in Election Cases Through Accelerated Response and Amicus Deadlines

Date: Aug 14, 2026

Wisconsin Supreme Court Signals Willingness to Fast-Track Petitions for Review in Election Cases Through Accelerated Response and Amicus Deadlines 1. Introduction Case: Democratic National Committee...

Reverse-Payment Standing Requires Proof the FDA Would Have Approved Earlier (Not Merely Could Have)

Date: Aug 14, 2026

Reverse-Payment Standing Requires Proof the FDA Would Have Approved Earlier (Not Merely Could Have) I. Introduction In re: Lipitor Antitrust Litigation (3d Cir. Aug. 13, 2026) is a Hatch-Waxman...

Seventh Circuit: No Third-Party Beneficiary or Broker Duty to Non-Insured Claimants to Provide Notice to the Insured’s Professional Liability Carriers

Date: Aug 14, 2026

Seventh Circuit: No Third-Party Beneficiary Status—and No Broker Notice Duty to Non-Insured Claimants—Absent Explicit Contractual Intent Case: Robert Ferguson v. Aon Risk Services Companies, Inc....

Minor v. State: Rule 701 Familiarity-Based Video Identifications and Harmless-Error Review of Unconstitutional (But Hidden) Shackling

Date: Aug 14, 2026

Minor v. State: Rule 701 Familiarity-Based Video Identifications and Harmless-Error Review of Unconstitutional (But Hidden) Shackling 1. Introduction In Minor v. State (Supreme Court of Georgia, Aug....

Changed-Country-Conditions Motions to Reopen Must Compare to Conditions at the Original Merits Hearing (Not Later Benchmarks)

Date: Aug 14, 2026

Changed-Country-Conditions Motions to Reopen Must Compare to Conditions at the Original Merits Hearing (Not Later Benchmarks) 1. Introduction Ala Rahim Yonan v. Todd Blanche (Sixth Circuit, Aug. 13,...

Non‑Signatory Enforcement of Delegation Clauses: Courts Decide; State Law Governs Equitable Estoppel Even Under FAA Chapter 2

Date: Aug 14, 2026

Non‑Signatory Enforcement of Delegation Clauses: Courts Decide; State Law Governs Equitable Estoppel Even Under FAA Chapter 2 Case: Taewoo Kim v. Jump Trading, LLC Court: United States Court of...

United States v. Gigena — Federal-Officer Element Under 18 U.S.C. §§ 111/1114 Satisfied by Task-Force Deputization or “Assisting” Status Without MOU Formalities

Date: Aug 14, 2026

Federal-Officer Element Under 18 U.S.C. §§ 111/1114 Satisfied by Task-Force Deputization or “Assisting” Status Without MOU Formalities 1. Introduction In United States v. Gigena (10th Cir. Aug. 13,...

United States v. Abdo: Circuit Split Bars Plain-Error Reversal of § 2B1.1(b)(9)(A) “Acting on Behalf of a Charity” Enhancement in For-Profit Investment Fraud

Date: Aug 14, 2026

Circuit Split Bars Plain-Error Reversal of U.S.S.G. § 2B1.1(b)(9)(A) “Acting on Behalf of a Charity” Enhancement in For-Profit Investment Fraud 1. Introduction In United States v. Henry Abdo (11th...

§ 2255 Evidentiary Hearings After Record Expansion: No Hearing to “Conjure” a Plea Deal—Movant Must Plead a Specific Deficiency and a Record-Based Probability He’d Accept the Government’s Only Terms

Date: Aug 14, 2026

§ 2255 Evidentiary Hearings After Record Expansion: No Hearing to “Conjure” a Plea Deal—Movant Must Plead a Specific Deficiency and a Record-Based Probability He’d Accept the Government’s Only Terms...

Fourth Circuit: Foreign-Market Prescription Drugs with Different Labeling and Quality Controls Are “Non-Genuine” Under the Lanham Act; Contributory Liability Requires Knowledge, Not Formal Notice

Date: Aug 14, 2026

Fourth Circuit: Foreign-Market Prescription Drugs with Different Labeling and Quality Controls Are “Non-Genuine” Under the Lanham Act; Contributory Liability Requires Knowledge, Not Formal Notice...

Shifting Termination Explanations and Disputed “Belligerence” Create a Jury Issue of Pretext in § 1981 Retaliation

Date: Aug 14, 2026

Shifting Termination Explanations and Disputed “Belligerence” Create a Jury Issue of Pretext in § 1981 Retaliation Case: Eddie Stewart v. GES Recycling South Carolina LLC Court: United States Court...

Regressive, Apportioned Financial-Institutions Tax Survives Dormant Commerce Clause Internal-Consistency Review

Date: Aug 14, 2026

Regressive, Apportioned Financial-Institutions Tax Survives Dormant Commerce Clause Internal-Consistency Review Case: Dollar Bank, FSB v. Harris, Slip Opinion No. 2026-Ohio-3069 (Ohio Aug. 13, 2026)...

Coleman v. State — Prospective End to Automatic Supreme Court Review of Non-Death-Penalty Murder Appeals (Docketed After July 1, 2027)

Date: Aug 14, 2026

Prospective End to Automatic Supreme Court Review of Non-Death-Penalty Murder Appeals (Docketed After July 1, 2027) 1. Introduction Case: Coleman v. State, Supreme Court of Georgia (Decided August...

Bathroom Denial During a Search-Warrant Detention Can Be an “Obvious” Fourth Amendment Unreasonable Seizure

Date: Aug 14, 2026

Bathroom Denial During a Search-Warrant Detention Can Be an “Obvious” Fourth Amendment Unreasonable Seizure Case: Derek Antol v. Robert English, et al. (6th Cir. Aug. 13, 2026) | Panel: Clay, Moore...

Lenon v. State — Commentary

Date: Aug 14, 2026

No Ineffective Assistance for Failing to Challenge “Complete Forensic Extraction” Cell-Phone Warrants Absent Binding Overbreadth Precedent 1. Introduction In Lenon v. State (Supreme Court of Georgia,...

Bentley v. State: Unpreserved Faretta-Error Claims and No Ineffective Assistance for Failing to Object to “Irrevocable” Self-Representation Warnings

Date: Aug 14, 2026

Bentley v. State: Unpreserved Faretta-Error Claims and No Ineffective Assistance for Failing to Object to “Irrevocable” Self-Representation Warnings Introduction In Bentley v. State (Supreme Court of...

Allen v. State (Ga. 2026): Prepared Co-Counsel May Complete Trial Without Violating the Sixth Amendment; Drug-Use Motive Evidence Admissible Under the Old Evidence Code

Date: Aug 14, 2026

Prepared Co-Counsel May Complete Trial Without Violating the Sixth Amendment; Drug-Use Motive Evidence Admissible Under the Old Evidence Code Introduction In Allen v. State (Supreme Court of Georgia,...

Florida “Community Control” Is “Confinement” Under the INA’s “Term of Imprisonment,” Preserving Aggravated-Felony Expedited Removal and Defeating § 1326(d) Collateral Attacks

Date: Aug 14, 2026

Florida “Community Control” Is “Confinement” Under the INA’s “Term of Imprisonment,” Preserving Aggravated-Felony Expedited Removal and Defeating § 1326(d) Collateral Attacks 1. Introduction United...

Browne v. State — “Prima Facie Case” Language in Jury Charges Is Clear Error but Assessed for Harm Under Whole-Charge Review

Date: Aug 14, 2026

“Prima Facie Case” Language in Jury Charges Is Clear Error but Assessed for Harm Under Whole-Charge Review 1. Introduction Browne v. State (Supreme Court of Georgia, Aug. 13, 2026) affirmed Theodore...

Harboring Under 8 U.S.C. § 1324: Intent to Shield Can Be Inferred from Concealment Practices and Exploitative Domestic Labor, and Credibility Attacks Rarely Satisfy “Incredible as a Matter of Law”

Date: Aug 14, 2026

Harboring Under 8 U.S.C. § 1324: Intent to Shield Can Be Inferred from Concealment Practices and Exploitative Domestic Labor, and Credibility Attacks Rarely Satisfy “Incredible as a Matter of Law” 1....