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

Revocation and Reimposed, Time-Limited Internet/Social-Media Conditions Are Valid When Individually Tailored to Supervised-Release Violations and Reoffense Risk

Date: Aug 7, 2026

Revocation and Reimposed, Time-Limited Internet/Social-Media Conditions Are Valid When Individually Tailored to Supervised-Release Violations and Reoffense Risk Case: United States v. Randall Hayes...

Decisionmaker Knowledge Is Essential to § 1981 Retaliation Causation; Temporal Proximity Alone (Three Months) Cannot Overcome Unrebutted No-Knowledge Evidence

Date: Aug 6, 2026

Decisionmaker Knowledge Is Essential to § 1981 Retaliation Causation; Temporal Proximity Alone (Three Months) Cannot Overcome Unrebutted No-Knowledge Evidence 1. Introduction In Whiticar v. Parish...

Anticipatory (At-Issue) Waiver Requires Affirmative Reliance—Relevance to Bad Faith Is Not Enough

Date: Aug 6, 2026

Anticipatory (At-Issue) Waiver Requires Affirmative Reliance—Relevance to Bad Faith Is Not Enough I. Introduction In re Prime Holdings Insurance Services, Incorporated; Prime Insurance Company (5th...

Rule 56(a) Requires an Explainable Summary-Judgment Ruling: Fifth Circuit Limited Remand When Coverage Exclusion Decision Lacks Reasoned Analysis

Date: Aug 6, 2026

Rule 56(a) Requires an Explainable Summary-Judgment Ruling: Fifth Circuit Limited Remand When Coverage Exclusion Decision Lacks Reasoned Analysis 1. Introduction In Frontier Custom Builders,...

Younger Requires Abstention from Dormant Commerce Clause Attacks on Ongoing State Usury Enforcement; Pre-Enforcement Challenges to Non-Self-Executing Subpoenas Are Unripe Absent Present Injury

Date: Aug 6, 2026

Younger Requires Abstention from Dormant Commerce Clause Attacks on Ongoing State Usury Enforcement; Pre-Enforcement Challenges to Non-Self-Executing Subpoenas Are Unripe Absent Present Injury I....

Corrected Allocution Misapprehension and Deferential Review of a Below-Guidelines Child-Exploitation Sentence

Date: Aug 6, 2026

Corrected Allocution Misapprehension and Deferential Review of a Below-Guidelines Child-Exploitation Sentence Introduction In United States v. Tyleeya Williams (3d Cir. Aug. 5, 2026)...

Ambiguous Service on an Unadjudicated Defendant Defeats § 1291 Finality Absent Rule 54(b) and Requires a Limited Remand

Date: Aug 6, 2026

Ambiguous Service on an Unadjudicated Defendant Defeats § 1291 Finality Absent Rule 54(b) and Requires a Limited Remand Introduction In Damond v. Wiley (5th Cir. Aug. 5, 2026) (per curiam)...

Claim-Ownership as a Merits Rule: LLC Members (Even Guarantors) Cannot Sue Personally for Injury to the Debtor’s Assets

Date: Aug 6, 2026

Claim-Ownership as a Merits Rule: LLC Members (Even Guarantors) Cannot Sue Personally for Injury to the Debtor’s Assets Introduction In Elshan Bayramov; Babak M. Bayramov v. American Credit...

Claim-Ownership “Standing” Is a Merits Issue: LLC Members (Even Guarantors) Cannot Sue Personally for Injuries to the Debtor’s Business

Date: Aug 6, 2026

Claim-Ownership “Standing” Is a Merits Issue: LLC Members (Even Guarantors) Cannot Sue Personally for Injuries to the Debtor’s Business I. Introduction In Elshan Bayramov v. American Credit...

Rear-End Presumption Rebutted When a Lead Driver Merges into a Safety Cushion and an Immediate Roadway Hazard Leaves No Time to Re-Establish Following Distance (FTCA / Louisiana Law)

Date: Aug 6, 2026

Rear-End Presumption Rebutted When a Lead Driver Merges into a Safety Cushion and an Immediate Roadway Hazard Leaves No Time to Re-Establish Following Distance (FTCA / Louisiana Law) Case: Spinks v....

Bodin v. New Orleans: Per Se Takings Remain Tethered to the Right to Exclude; § 230 Does Not Preempt STR Transaction-Bans and Nonpublic License-Verification Duties

Date: Aug 6, 2026

Bodin v. New Orleans: Per Se Takings Remain Tethered to the Right to Exclude; § 230 Does Not Preempt STR Transaction-Bans and Nonpublic License-Verification Duties Court: U.S. Court of Appeals for...

Indefinite Unpaid Leave Is Not an Effective ADA Accommodation When Reassignment to a Vacant Position Is Possible

Date: Aug 6, 2026

Indefinite Unpaid Leave Is Not an Effective ADA Accommodation When Reassignment to a Vacant Position Is Possible Introduction In Ibrahima Dieng v. Orkin, LLC (4th Cir. Aug. 5, 2026), the Fourth...

Tippitt v. Iversen: Material Fact Disputes Defeat Interlocutory Qualified-Immunity Review and Bar Deadly Force Against a Visibly Unarmed, Moving-Away Suspect

Date: Aug 6, 2026

Material Fact Disputes Defeat Interlocutory Qualified-Immunity Review; Deadly Force Against a Visibly Unarmed Suspect Moving Away Is Clearly Established as Unconstitutional I. Introduction In Tippitt...

Ramsey v. San Jacinto College District: ADA Prima Facie Discrimination Requires Only Three Elements; “Fourth-Element” Comparator Proof Is Merely One Way to Show Nexus, and Cat’s-Paw Theory Can Carry ADA/FMLA Retaliation Past Summary Judgment

Date: Aug 6, 2026

Ramsey v. San Jacinto College District: ADA Prima Facie Discrimination Requires Only Three Elements; “Fourth-Element” Comparator Proof Is Merely One Way to Show Nexus, and Cat’s-Paw Theory Can Carry...

“Abduction” Enhancement Applies to Forced Movement Within a Single Store When the Victims Are Relocated to a Distinct Area to Facilitate the Robbery

Date: Aug 6, 2026

“Abduction” Enhancement Applies to Forced Movement Within a Single Store When the Victims Are Relocated to a Distinct Area to Facilitate the Robbery Case: United States v. Jamal Gwaltney (Third...

Rooker-Feldman Bars Federal Injunctions Seeking to Vacate State Custody/Support Orders Despite Due-Process Framing

Date: Aug 6, 2026

Rooker-Feldman Bars Federal Injunctions Seeking to Vacate State Custody/Support Orders Despite Due-Process Framing Introduction In Eric Weiss v. Deborah Posner (3d Cir. Aug. 5, 2026)...

FMLA Leave Requires Evidence of a “Serious Health Condition,” and Retaliation Claims Require Evidence Linking Termination to Protected Activity

Date: Aug 6, 2026

FMLA Leave Requires Evidence of a “Serious Health Condition,” and Retaliation Claims Require Evidence Linking Termination to Protected Activity Introduction In Davenport v. Zachary Manor Nursing and...

Receipt of Child Pornography Can Proximately Cause Guardians’ Search-and-Relocation Losses When “Inextricably Linked” to the Minor’s Flight

Date: Aug 6, 2026

Receipt of Child Pornography Can Proximately Cause Guardians’ Search-and-Relocation Losses When “Inextricably Linked” to the Minor’s Flight Introduction In United States v. Dill (5th Cir. Aug. 5,...

Plausibility Pleading for “Cat’s Paw” and Monell Liability in Public-Employer Race-Termination Claims

Date: Aug 6, 2026

Plausibility Pleading for “Cat’s Paw” and Monell Liability in Public-Employer Race-Termination Claims Introduction In Bryan Wardell v. Pitt County, North Carolina (4th Cir. Aug. 5, 2026)...

Affirmance on Alternative Grounds: Legitimate Penological Safety Reasons Defeat PREA-Based Retaliation and Related Claims at Summary Judgment

Date: Aug 6, 2026

Affirmance on Alternative Grounds: Legitimate Penological Safety Reasons Defeat PREA-Based Retaliation and Related Claims at Summary Judgment Introduction Ronald Alonzo v. Joe Terra (3d Cir. Aug. 5,...