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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
Holistic Nexus for Drug-Trafficking Warrants: GPS/Surveillance Patterns and Intermediary Controlled Buys Can Establish Probable Cause Case: United States v. Michael Smith, Jr. Court: U.S. Court of...
United States v. Sanford: Uncharged Child Sexual Abuse and Related Pornography Searches Are Admissible as Intrinsic/Rule 404(b)/Rule 414 Evidence in Child-Pornography Production Prosecutions...
Revocation After Esteras: Courts May Sanction “Breach of Trust” Without Invoking Retribution Introduction In United States v. Philroy Johnson (6th Cir. Jan. 7, 2026) (unpublished), the Sixth Circuit...
Discretionary Remand Denied After Post-Sentencing Vacatur Where the District Court Already Accounted for the Prior Conviction and Resentencing Would Be Futile Case: United States v. Kevin Loren...
Procedural Due Process Damages: Post-Deprivation Evidence May Prove Termination Was Inevitable, Limiting Recovery to Nominal Damages Introduction In Nationwide Recovery, Incorporated; Julia Hussein;...
Express Delegation Upholds DOL Rule Barring Third-Party Employers from the FLSA Companionship Exemption Case: Martin Walsh v. Wicare Home Care Agency, LLC (Third Circuit, Jan. 6, 2026) (not...
“In Connection With” Under U.S.S.G. § 2K2.1(b)(6)(B): Constructive Facilitation and the Presumption from Knowing Possession During an Armed Robbery Introduction In United States v. Demarion Nelson...
Affirmance Based on an Alternative § 3553(a) Variance When the District Court Gives Independent Rationales (Evans/Assumed-Error Harmlessness Applied) Case: United States v. Robert Lee Strother (4th...
Title VII Undue Hardship in Healthcare: Substantial Patient-Safety Risk from an Unvaccinated Respiratory Therapist (and a Narrow “Futility” Principle for Alternative Accommodations) Introduction In...
Appellate Waiver and Decisionmaker-Knowledge Requirement in Title VII/§ 1981 Retaliation Claims Introduction In Leslie Anthony v. United Airlines, Incorporated, the Fourth Circuit (unpublished, per...
Fourth Circuit: No Interlocutory Jurisdiction Over Qualified-Immunity Appeals Turning on Disputed Facts (Autopsy Evidence Can Create a “Genuine” Dispute) Case: Sabara Fisher Roberts v. Deputy J....
Felonies Clause Authority for the MDLEA Is Not Limited by International Law; No Evidentiary Hearing Required When MDLEA Jurisdiction Turns on Stipulated Facts Case: United States v. Randar Vasquez...
Economic Motive Defeats Family-Based Nexus, and Not Every Citation to Matter of M-R-M-S- Requires Remand After Lopez Case: Minerva Carbajal-Recinos v. Attorney General United States of America (3d...
Reliance-Interest Review and the Limits of Post Hoc Declarations in APA Stay Motions: 340B Rebate Pilot Enjoined Pending Appeal Introduction This First Circuit order arises from a high-stakes...
§3146 Failure-to-Appear Counts, When Grouped, Do Not Create “Double Counting” That Bars a §3C1.1 Obstruction Enhancement Case: United States v. Mello (1st Cir. Jan. 7, 2026) | Court: United States...
Digital-Evidence Drug-Quantity Extrapolation and No Double Counting Between § 3146 Failure-to-Appear and § 3C1.1 Obstruction Case: United States v. Mello (1st Cir. Jan. 7, 2026) | Court: United...
Pending Discovery Does Not Block Summary Judgment Absent Rule 56(d), and § 1983 Malicious Prosecution After a Warrant Requires a Franks-Style Falsehood or Omission 1. Introduction In Besosa-Noceda v....
FBAR Civil “Willfulness” Includes Recklessness; Treasury’s 6% Late-Payment Penalty Applies as Set by Regulation — United States v. Reyes (2d Cir. 2026) Introduction In United States v. Reyes, the...