removal-of-aliens-without-advance-government-consent-under-8-u.s.c.-§1231(b Case Commentaries

Seizure Figures Alone Do Not Cap Sentencing Drug Quantities

Date: Nov 4, 2026

Seizure Figures Alone Do Not Cap Sentencing Drug Quantities Case: United States v. Dew, No. 25-30623 Court: United States Court of Appeals for the Fifth Circuit Decision date: November 2, 2026...

Constructive Amendment on Plain-Error Review: Advance Notice and Strong Evidence Can Defeat Reversal

Date: Nov 4, 2026

Constructive Amendment on Plain-Error Review: Advance Notice and Strong Evidence Can Defeat Reversal Case: United States v. Herndon Court: United States Court of Appeals for the Fifth Circuit...

United States v. Sow: No Automatic Noncustodial Sentence for First Offenders; Restitution for Government-Requested Counterfeit Appraisals

Date: Nov 4, 2026

United States v. Sow: No Automatic Noncustodial Sentence for First Offenders; Restitution for Government-Requested Counterfeit Appraisals Court: United States Court of Appeals for the Second Circuit...

D&O Coverage: Plain-Language Exclusions, Formal Departure Dates, and Related Claims

Date: Nov 4, 2026

D&O Coverage: Plain-Language Exclusions, Formal Departure Dates, and Related Claims Case: Tri County Telephone Association v. Twin City Fire Insurance Company Court: United States Court of Appeals...

Moderate Mental Limitations and Reserved Disability Opinions: Substantial-Evidence Review at Step Three

Date: Nov 4, 2026

Moderate Mental Limitations and Reserved Disability Opinions: Substantial-Evidence Review at Step Three Case: Rebecca Noe v. Social Security Administration, No. 26-5136 Court: United States Court of...

RESPA Bars Recovery of Follow-Up QWR Attorney Fees and De Minimis Postage Costs

Date: Nov 4, 2026

RESPA Bars Recovery of Follow-Up QWR Attorney Fees and De Minimis Postage Costs Case: Murray v. Newrez LLC & PHH Mortgage Corporation Court: United States Court of Appeals for the Second Circuit...

Trade-Secret Use Extends Beyond Copying: Courts Must Not Resolve Competing Documentary Inferences at Dismissal

Date: Nov 4, 2026

Trade-Secret Use Extends Beyond Copying: Courts Must Not Resolve Competing Documentary Inferences at Dismissal Case: SS&C Technologies Holdings, Inc. v. Arcesium LLC, No. 25-2049-cv Court: United...

Under TEFRA, FPAA Timeliness Must Be Challenged at the Partnership Level or Is Waived

Date: Nov 4, 2026

Under TEFRA, FPAA Timeliness Must Be Challenged at the Partnership Level or Is Waived Case: Blum v. CIR, No. 25-9001 Court: United States Court of Appeals for the Tenth Circuit Decided: November 2,...

Mostafa v. Blanche: Narrow Bivens Medical-Care Remedies and Specific Final-Agency-Action Requirements for APA Review

Date: Nov 4, 2026

Mostafa v. Blanche: Narrow Bivens Medical-Care Remedies and Specific Final-Agency-Action Requirements for APA Review United States Court of Appeals for the Tenth Circuit No. 25-1454 — November 2,...

Section 2255 Appeals Require Debatable Constitutional Claims: Interpreter Adequacy Turns on Fundamental Fairness

Date: Nov 4, 2026

Section 2255 Appeals Require Debatable Constitutional Claims: Interpreter Adequacy Turns on Fundamental Fairness Case: United States v. Cifuentes-Lopez, No. 26-6138 Court: United States Court of...

Brady Materiality: A Withheld Summary of Disclosed, Inconclusive DNA Findings Does Not Justify Habeas Relief

Date: Nov 4, 2026

Brady Materiality: A Withheld Summary of Disclosed, Inconclusive DNA Findings Does Not Justify Habeas Relief Case: Allen v. Sergent, No. 26-3169 Court: United States Court of Appeals for the Tenth...

United States v. Smith: A Firearm’s Potential to Embolden Felony Drug Possession Supports a Sentencing Enhancement

Date: Nov 4, 2026

United States v. Smith: A Firearm’s Potential to Embolden Felony Drug Possession Supports a Sentencing Enhancement Court: United States Court of Appeals for the Tenth Circuit Date: November 3, 2026...

Teacher-Only Union-Dues Payroll Barriers: Viewpoint Discrimination Despite a Government Subsidy

Date: Nov 4, 2026

Teacher-Only Union-Dues Payroll Barriers: Viewpoint Discrimination Despite a Government Subsidy Case: Anderson Federation of Teachers v. Todd Rokita Court: United States Court of Appeals for the...

ADEA Claims After Muldrow: Workplace Harm Does Not Replace Proof of Discriminatory Causation

Date: Nov 4, 2026

ADEA Claims After Muldrow: Workplace Harm Does Not Replace Proof of Discriminatory Causation Case: Li Men v. Inguran, LLC Court: United States Court of Appeals for the Seventh Circuit Decided:...

FOIA Constructive Exhaustion Survives Interim Responses That Omit Appeal Rights

Date: Nov 4, 2026

FOIA Constructive Exhaustion Survives Interim Responses That Omit Appeal Rights Case: Robert Aland v. DOI Court: United States Court of Appeals for the Seventh Circuit Decision date: November 2, 2026...

Unauthorized Pro Se Estate Complaints Are Curable, Not Automatic Nullities, Under 28 U.S.C. § 1654

Date: Nov 4, 2026

Unauthorized Pro Se Estate Complaints Are Curable, Not Automatic Nullities, Under 28 U.S.C. § 1654 Case: Estate of Elijah Isham v. Craig Richardson Court: United States Court of Appeals for the Sixth...

Full Release of Mortgage Debt Ends the Mortgagee’s Insurable Interest, Even After a Loss

Date: Nov 4, 2026

Full Release of Mortgage Debt Ends the Mortgagee’s Insurable Interest, Even After a Loss Case: Sinmier, LLC v. Everest Indemnity Ins. Co. Court: United States Court of Appeals for the Sixth Circuit...

Class Nonmembership and Unaffected Individual Claims Defeat Post-Settlement Intervention

Date: Nov 4, 2026

Class Nonmembership and Unaffected Individual Claims Defeat Post-Settlement Intervention Case: Wells Fargo COVID Forbearance Court: United States Court of Appeals for the Sixth Circuit Date: November...

Cancellation of Removal: Hardship Challenges Must Be Developed, and Procedural Errors Must Affect the Outcome

Date: Nov 4, 2026

Cancellation of Removal: Hardship Challenges Must Be Developed, and Procedural Errors Must Affect the Outcome Case: Carlos Galan-Sandoval v. Todd Blanche, No. 25-3999 Court: United States Court of...

Late County-Commission Qualification Challenges: Deferential Review Sustains Ballot Removal for District Nonresidency

Date: Nov 4, 2026

Late County-Commission Qualification Challenges: Deferential Review Sustains Ballot Removal for District Nonresidency Case: David C. Tabb v. John A. Cline, The Jefferson County Board of Ballot...