protected-advice-at-life’s-end:-seventh-circuit-holds-indiana’s-funeral-licensing-ban-on-death-doula-counseling-fails-even-under-intermediate-scrutiny—and-consent-orders-don’t-waive-federal-rights Case Commentaries

NIH Indirect-Cost Caps Are Unlawful: Appropriations Riders and HHS Deviation Rules Bar Across-the-Board Rates, and APA Jurisdiction Lies for Challenges to Agency-Wide Guidance

Date: Jan 7, 2026

NIH Indirect-Cost Caps Are Unlawful: Appropriations Riders and HHS Deviation Rules Bar Across-the-Board Rates, and APA Jurisdiction Lies for Challenges to Agency-Wide Guidance 1. Introduction In...

Mild Mental Limitations Need Not Appear in the RFC When the ALJ Explains Their Minimal Work Impact and Substantial Evidence Supports the Omission

Date: Jan 7, 2026

Mild Mental Limitations Need Not Appear in the RFC When the ALJ Explains Their Minimal Work Impact and Substantial Evidence Supports the Omission Introduction In Kenneth Kruckow v. Frank Bisignano,...

NYCHRL Retaliation Requires an Independent, Broader Protected-Activity and Mixed-Motive Analysis (Goldzweig v. Con Edison)

Date: Jan 7, 2026

NYCHRL Retaliation Requires an Independent, Broader Protected-Activity and Mixed-Motive Analysis Decision: Goldzweig v. Consol. Edison Co. of N.Y., 25-0089-cv (2d Cir. Jan. 5, 2026) (Summary Order)....

No Flores-Ortega Duty to Consult Where Defendant Did Not Instruct an Appeal and Received a Substantial Downward-Variance Sentence Under an Appeal-Waiver Plea

Date: Jan 7, 2026

No Flores-Ortega Duty to Consult Where Defendant Did Not Instruct an Appeal and Received a Substantial Downward-Variance Sentence Under an Appeal-Waiver Plea Introduction In John Rankin v. United...

Trahant v. Official Committee: No Appellate Divestiture from a Non-Final Contempt Finding; No Implied Interlocutory Leave under Rule 8004(d); Prophylactic Committee Removal Is Not a Sanction

Date: Jan 7, 2026

Trahant v. Official Committee: No Appellate Divestiture from a Non-Final Contempt Finding; No Implied Interlocutory Leave under Rule 8004(d); Prophylactic Committee Removal Is Not a Sanction Court:...

Partial Sovereign-Immunity Denials Are Immediately Appealable; Ex parte Young “Enforcement” Turns on Concrete Statutory Duties (Not Referral, Guidance, or Texas AG Criminal-Prosecution Assertions)

Date: Jan 7, 2026

Partial Sovereign-Immunity Denials Are Immediately Appealable; Ex parte Young “Enforcement” Turns on Concrete Statutory Duties (Not Referral, Guidance, or Texas AG Criminal-Prosecution Assertions) I....

WARN Act: Functional “Single Employer” Liability Beyond Parent–Subsidiary Formalities; Disjunctive “Employment Loss” Proof and Forfeiture of Inconsistent-Verdict Challenges

Date: Jan 7, 2026

WARN Act: Functional “Single Employer” Liability Beyond Parent–Subsidiary Formalities; Disjunctive “Employment Loss” Proof and Forfeiture of Inconsistent-Verdict Challenges Case: Jules Gautier v....

Rule 60(b)(4) Voidness Is Narrow: Untimely Rule 60 Motions Do Not Preserve Appellate Review of Underlying Title VII Dismissals

Date: Jan 7, 2026

Rule 60(b)(4) Voidness Is Narrow: Untimely Rule 60 Motions Do Not Preserve Appellate Review of Underlying Title VII Dismissals 1. Introduction In Lawrence v. Bonaventure of Castle Rock (10th Cir....

Prospective Declaratory Attacks on Sex-Offender Registration Require a Present, Non-Advisory Controversy; Individual-Capacity Claims Against Former Officials Are Moot

Date: Jan 7, 2026

Prospective Declaratory Attacks on Sex-Offender Registration Require a Present, Non-Advisory Controversy; Individual-Capacity Claims Against Former Officials Are Moot 1. Introduction In GARDEI v....

Appeal Waivers Are Enforced When the Plea Colloquy Ultimately Confirms Understanding, Despite Early Confusion

Date: Jan 7, 2026

Appeal Waivers Are Enforced When the Plea Colloquy Ultimately Confirms Understanding, Despite Early Confusion Introduction In United States v. Jones (10th Cir. Jan. 5, 2026) (unpublished order and...

Lozada’s Ineffective-Assistance Framework Survives Loper Bright and Remains Procedurally Mandatory in Immigration Proceedings

Date: Jan 7, 2026

Lozada’s Ineffective-Assistance Framework Survives Loper Bright and Remains Procedurally Mandatory in Immigration Proceedings Case: Ginna Alejandra Gutierrez-Mikan v. U.S. Attorney General (11th Cir....

Clarke v. GEICO: New York Civil Rights Law § 70-b Requires Litigation to Be Caused by (and Allegationally About) Protected Medical Care

Date: Jan 7, 2026

Clarke v. GEICO: New York Civil Rights Law § 70-b Requires Litigation to Be Caused by (and Allegationally About) Protected Medical Care Introduction In Clarke v. GEICO (2d Cir. Jan. 5, 2026) (summary...

Eleventh Circuit: Appellate Abandonment and Strict Rule 15/Local-Rule Compliance When Attempting Post-Dismissal Amendments

Date: Jan 7, 2026

Eleventh Circuit: Appellate Abandonment and Strict Rule 15/Local-Rule Compliance When Attempting Post-Dismissal Amendments 1. Introduction In Derrick James v. The Geo Group, Inc. (11th Cir. Jan. 2,...

Hobbs Act Robbery Requires Force Before or During the Taking, Not Merely in Escape

Date: Jan 6, 2026

Hobbs Act Robbery Requires Force Before or During the Taking, Not Merely in Escape Case: United States v. Jy'Quale Grable (11th Cir. Jan. 5, 2026) Core holding: A taking is not “robbery” under 18...

Compassionate Release May Be Denied Solely on § 3553(a) Grounds Where the District Court Reaffirms a Reasoned Sentencing Analysis (United States v. Khusanov)

Date: Jan 6, 2026

Compassionate Release May Be Denied Solely on § 3553(a) Grounds Where the District Court Reaffirms a Reasoned Sentencing Analysis (United States v. Khusanov) Introduction In United States v....

Failure to Report Private Violence Is Not Dispositive of “Unable or Unwilling” Persecution; Agency Must Consider Futility/Danger and, If Past Persecution Is Shown, Apply the “Fundamental Change” Rebuttal Framework

Date: Jan 6, 2026

Failure to Report Private Violence Is Not Dispositive of “Unable or Unwilling” Persecution; Agency Must Consider Futility/Danger and, If Past Persecution Is Shown, Apply the “Fundamental Change”...

Pre-Suspension Notice and Opportunity to Contest Suffice for Florida Child-Support-Related License Suspensions; Qualified Immunity Bars § 1983 Claims Against the Program Director

Date: Jan 6, 2026

Pre-Suspension Notice and Opportunity to Contest Suffice for Florida Child-Support-Related License Suspensions; Qualified Immunity Bars § 1983 Claims Against the Program Director Case: Kenneth...

Affirming Dismissal With Prejudice for Repeated Shotgun Pleadings After Explicit Repleading Instructions (Even for Pro Se Litigants)

Date: Jan 6, 2026

Affirming Dismissal With Prejudice for Repeated Shotgun Pleadings After Explicit Repleading Instructions (Even for Pro Se Litigants) Case: Jibrail Muhammad, Sr. v. Dolgencorp, LLC (11th Cir. Jan. 2,...

United States v. Jamar Nattiel (11th Cir. Jan. 5, 2026) — Commentary

Date: Jan 6, 2026

Rule 29 Specificity as a Gatekeeper: New Emphasis on Plain-Error Review for Unraised Sufficiency/Variance Theories Case: United States v. Jamar Nattiel, No. 24-10954 (11th Cir. Jan. 5, 2026) (per...

State v. Rejai: Disapproval of Comparative-Sentencing Rhetoric in Iromuanya and Reaffirmation of Morton’s No-Comparison Rule

Date: Jan 6, 2026

State v. Rejai: Disapproval of Comparative-Sentencing Rhetoric in Iromuanya and Reaffirmation of Morton’s No-Comparison Rule Introduction In State v. Rejai, 320 Neb. 599 (Jan. 2, 2026), the Nebraska...

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