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

Mass-Marketing Enhancement Applies Even When Solicitation Targets Non-Victims in Healthcare Fraud (United States v. Joyner)

Date: Aug 13, 2026

Mass-Marketing Enhancement Applies Even When Solicitation Targets Non-Victims in Healthcare Fraud (United States v. Joyner) 1. Introduction In United States v. Colby Edward Joyner, the Fourth Circuit...

Tennessee Certified-Question Appeals: “Question-Plus-Record” Test for Rule 37(b)(2) Scope-and-Limits; Partial Overruling of State v. Preston

Date: Aug 13, 2026

Tennessee Certified-Question Appeals: “Question-Plus-Record” Test for Rule 37(b)(2) Scope-and-Limits; Partial Overruling of State v. Preston I. Introduction Case: State of Tennessee v. William Tony...

Private Attorney General Fees Against Private Permittees: Active Opposition Can Trigger Full Certiorari “Fees-on-Fees” Liability

Date: Aug 13, 2026

Private Attorney General Fees Against Private Permittees: Active Opposition Can Trigger Full Certiorari “Fees-on-Fees” Liability 1. Introduction Ralston v. Board of Land and Natural Resources,...

Pattern Misconduct + Nonlawyer Fee/Supervision Failures in Adoption Practice Justify Six-Month Definite Suspension; Health Mitigation Requires Causal Link

Date: Aug 13, 2026

Pattern Misconduct + Nonlawyer Fee/Supervision Failures in Adoption Practice Justify Six-Month Definite Suspension; Health Mitigation Requires Causal Link 1. Introduction Case: In the Matter of Paul...

Definite Suspension for COVID-Relief Loan Misrepresentations and Failure to Self-Report a Felony Indictment—Retroactive to Interim Suspension

Date: Aug 13, 2026

Definite Suspension for COVID-Relief Loan Misrepresentations and Failure to Self-Report a Felony Indictment—Retroactive to Interim Suspension Introduction In the Matter of Courtney N. Gilchrist is an...

DWPA Application Areas Must Encompass Seaward Pipelines: One Deepwater Port Per Properly Drawn Area

Date: Aug 13, 2026

DWPA Application Areas Must Encompass Seaward Pipelines: One Deepwater Port Per Properly Drawn Area Case: Citizens for Clean Air v. TRANC (captioned Citizens for Clean Air & Clean Water in Brazoria...

Plea-Agreement Restitution Floors as “Some Evidence” Under 18 U.S.C. § 2259, and Statutory-Maximum Review Despite Appeal Waivers (Fifth Circuit)

Date: Aug 13, 2026

Plea-Agreement Restitution Floors as “Some Evidence” Under 18 U.S.C. § 2259, and Statutory-Maximum Review Despite Appeal Waivers (Fifth Circuit) 1. Introduction In United States v. Brann (5th Cir....

Persistent Failure to Cooperate with ODC and Client-Status Neglect Justify a One-Year Definite Suspension

Date: Aug 13, 2026

Persistent Failure to Cooperate with ODC and Client-Status Neglect Justify a One-Year Definite Suspension 1. Introduction In the Matter of Michael Demorris Brown (S.C. Sup. Ct. Aug. 12, 2026) is an...

Default Admissions in Georgia Lawyer Discipline: Disbarment for Multi-Client Neglect, Misrepresentation, and Noncooperation

Date: Aug 12, 2026

Default Admissions in Georgia Lawyer Discipline: Disbarment for Multi-Client Neglect, Misrepresentation, and Noncooperation 1. Introduction In the Matter of Kerry Eston Hand (Supreme Court of...

Approved Ethics Rule: Third-Party Vendors May Pursue Nonparty Document Production Only Under Lawyer Supervision and Independent Professional Judgment

Date: Aug 12, 2026

Approved Ethics Rule: Third-Party Vendors May Pursue Nonparty Document Production Only Under Lawyer Supervision and Independent Professional Judgment 1. Introduction In In Re: Formal Advisory Opinion...

Recreational Property Act Immunity Depends on the Landowner’s General Invitation, Not the Plaintiff’s Moment-of-Injury Activity

Date: Aug 12, 2026

Recreational Property Act Immunity Depends on the Landowner’s General Invitation, Not the Plaintiff’s Moment-of-Injury Activity I. Introduction McLamb v. Mayor and Aldermen of the City of Savannah...

Goodell v. Moulton: Pavesich Balancing (Not Strict Scrutiny) Governs Georgia Constitutional Medical-Privacy Objections to Civil Discovery

Date: Aug 12, 2026

Goodell v. Moulton: Pavesich Balancing (Not Strict Scrutiny) Governs Georgia Constitutional Medical-Privacy Objections to Civil Discovery Court: Supreme Court of Georgia | Date: August 11, 2026 |...

Civil Jury Selection in Georgia: A Party’s Right to a 24-Person Panel of “Competent and Impartial” Jurors Is Violated (and Presumptively Harmed) When an Insurance-Defense Attorney for the Defendant’s Insurer Is Not Struck for Cause

Date: Aug 12, 2026

Civil Jury Selection in Georgia: A Party’s Right to a 24-Person Panel of “Competent and Impartial” Jurors Is Violated (and Presumptively Harmed) When an Insurance-Defense Attorney for the Defendant’s...

Civil Appeals in Georgia: A Pro Se Notice of Appeal Filed While Counsel Remains of Record Is a Nullity and Cannot Confer Appellate Jurisdiction

Date: Aug 12, 2026

Civil Appeals in Georgia: A Pro Se Notice of Appeal Filed While Counsel Remains of Record Is a Nullity and Cannot Confer Appellate Jurisdiction 1. Introduction Muhammad et al. v. Clayton County et...

Standing in FLSA Wage Cases: Courts Must Assume Legal Validity and Avoid Merits Rulings on Rule 12(b)(1)

Date: Aug 12, 2026

Standing in FLSA Wage Cases: Courts Must Assume Legal Validity and Avoid Merits Rulings on Rule 12(b)(1) 1. Introduction In Mighell v. HPG Pizza I (10th Cir. Aug. 11, 2026), plaintiff Steve Mighell,...

Rule 28 Noncompliance in Pro Se Bankruptcy Appeals: Frivolous, Incoherent Briefing Warrants Affirmance

Date: Aug 12, 2026

Rule 28 Noncompliance in Pro Se Bankruptcy Appeals: Frivolous, Incoherent Briefing Warrants Affirmance Introduction Rusk v. Beutler (10th Cir. Aug. 11, 2026) arises from a Chapter 13 bankruptcy in...

Failure to Warn of Medication Side Effects During a Competency Evaluation Does Not Plead Fourteenth Amendment Deliberate Indifference (and Mislabeling “Frivolous” Dismissals Matters for Review and PLRA Strikes)

Date: Aug 12, 2026

Failure to Warn of Medication Side Effects During a Competency Evaluation Does Not Plead Fourteenth Amendment Deliberate Indifference (and Mislabeling “Frivolous” Dismissals Matters for Review and...

Homie Technology v. National Association of Realtors — “Facilitation” Is Not an Exclusionary Agreement: Continuing-Conspiracy Tolling Requires a Plausible Conspiracy in the Challenged Rules Themselves

Date: Aug 12, 2026

“Facilitation” Is Not an Exclusionary Agreement: Continuing-Conspiracy Tolling Requires a Plausible Conspiracy in the Challenged Rules Themselves Case: Homie Technology, Inc. v. National Association...

Forfeiture of Rule 33 Untimeliness Makes FRAP 4(b)(3) Tolling Effective (and Preserves District-Court Jurisdiction)

Date: Aug 12, 2026

Forfeiture of Rule 33 Untimeliness Makes FRAP 4(b)(3) Tolling Effective (and Preserves District-Court Jurisdiction) United States v. Castro, Nos. 24-11000 & 26-10428 (5th Cir. Aug. 11, 2026) (per...

EPCA Direct Final Rules Are “Prescribed” Only Upon DOE Adherence After Comments—and Must Be Withdrawn When Adverse Comments Provide a Reasonable Basis

Date: Aug 12, 2026

EPCA Direct Final Rules Are “Prescribed” Only Upon DOE Adherence After Comments—and Must Be Withdrawn When Adverse Comments Provide a Reasonable Basis I. Introduction In State of Mississippi v. DOE...