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

Texas Escrow Liability: Mutual Assent, Foreseeable Harm, and the Difference Between an Opinion and a Promise

Date: Nov 3, 2026

Texas Escrow Liability: Mutual Assent, Foreseeable Harm, and the Difference Between an Opinion and a Promise Case: 82 Glenwood Ave v. Kane Court: United States Court of Appeals for the Fifth Circuit...

West Virginia’s Automatic Liability for Publishing Officials’ Contact Information Fails Strict Scrutiny

Date: Nov 2, 2026

West Virginia’s Automatic Liability for Publishing Officials’ Contact Information Fails Strict Scrutiny Case: Michael Jackson v. LexisNexis Risk Solutions, Inc., and four consolidated appeals, Nos....

Public-Official Privacy and Free Speech: West Virginia’s Disclosure Ban Fails Strict Scrutiny

Date: Nov 2, 2026

Public-Official Privacy and Free Speech: West Virginia’s Disclosure Ban Fails Strict Scrutiny Case: Michael Jackson v. Thomson Reuters America Corporation and four consolidated appeals Court: United...

West Virginia’s Daniel’s Law Fails Strict Scrutiny: Disclosure Liability Without Notice or Knowledge Is Insufficiently Tailored

Date: Nov 2, 2026

West Virginia’s Daniel’s Law Fails Strict Scrutiny: Disclosure Liability Without Notice or Knowledge Is Insufficiently Tailored Case: Michael Jackson v. Thryv, Inc. and four consolidated appeals...

Officials’ Privacy and Protected Speech: West Virginia’s Disclosure Ban Fails Strict Scrutiny for Lack of Narrow Tailoring

Date: Nov 2, 2026

Officials’ Privacy and Protected Speech: West Virginia’s Disclosure Ban Fails Strict Scrutiny for Lack of Narrow Tailoring Case: Michael Jackson v. Whitepages, Inc., and four consolidated appeals,...

Sentencing References to Community Violence Do Not Establish Reliance on Inaccurate Facts

Date: Nov 2, 2026

Sentencing References to Community Violence Do Not Establish Reliance on Inaccurate Facts Case: United States v. Isaiah Gibbs, No. 24-4150 Court: United States Court of Appeals for the Fourth Circuit...

Reaffirming the Age-18 Boundary for Mandatory Life Sentences and Deferential Review of a Discretionary Life Term

Date: Nov 2, 2026

Reaffirming the Age-18 Boundary for Mandatory Life Sentences and Deferential Review of a Discretionary Life Term Case: United States v. Daniel Mathis, No. 25-4240 Court: United States Court of...

Maritime Toxic-Tort Claims Require Reliable, Injury-Specific Expert Causation Evidence

Date: Nov 2, 2026

Maritime Toxic-Tort Claims Require Reliable, Injury-Specific Expert Causation Evidence Dufour v. BP Expl & Prod United States Court of Appeals for the Fifth Circuit No. 23-60361 · October 27, 2026...

Completed-Operations Coverage Requires a Pleaded Connection to the Insured’s Work, Not Merely the Accident Site

Date: Nov 2, 2026

Completed-Operations Coverage Requires a Pleaded Connection to the Insured’s Work, Not Merely the Accident Site Case: Liberty v. North Tarrant, No. 25-10725 Court: United States Court of Appeals for...

Immigration Reopening: Equitable Tolling Requires Diligence and an Extraordinary Obstacle

Date: Nov 2, 2026

Immigration Reopening: Equitable Tolling Requires Diligence and an Extraordinary Obstacle Case: Moriano-Ospina v. Blanche, No. 25-60430 Court: United States Court of Appeals for the Fifth Circuit...

Public Officials Cannot Invoke Qualified Immunity Against FLSA Retaliation Claims

Date: Nov 2, 2026

Public Officials Cannot Invoke Qualified Immunity Against FLSA Retaliation Claims Commentary on Stramaski v. Lawley United States Court of Appeals for the Fifth Circuit No. 25-20348 — October 27,...

Section 1782 Applications Are Dispositive: De Novo Review and Respect for Stage-Specific Foreign Discovery Rulings

Date: Nov 2, 2026

Section 1782 Applications Are Dispositive: De Novo Review and Respect for Stage-Specific Foreign Discovery Rulings Case: Motorola v. ASC Court: United States Court of Appeals for the Fifth Circuit...

Ordinary Sentencing Guidelines Errors Do Not Defeat a Knowing Appeal Waiver: Applying Hunter’s Miscarriage-of-Justice Exception

Date: Nov 2, 2026

Ordinary Sentencing Guidelines Errors Do Not Defeat a Knowing Appeal Waiver: Applying Hunter’s Miscarriage-of-Justice Exception Case: United States v. Harris, No. 25-60017 Court: United States Court...

Defective Diversity Allegations and the Limits of Sua Sponte Remand

Date: Nov 2, 2026

Defective Diversity Allegations and the Limits of Sua Sponte Remand Case: De Chavez v. UPS Court: United States Court of Appeals for the Fifth Circuit Date: October 30, 2026 Opinion: Judge James C....

BIA Must Address Material Caregiving Evidence Before Denying Equitable Tolling

Date: Nov 2, 2026

BIA Must Address Material Caregiving Evidence Before Denying Equitable Tolling Case: Perez Rojas v. Blanche, No. 26-60044 Court: United States Court of Appeals for the Fifth Circuit Decision date:...

Disputed Subdual Facts Cannot Support an Interlocutory Qualified-Immunity Appeal

Date: Nov 2, 2026

Disputed Subdual Facts Cannot Support an Interlocutory Qualified-Immunity Appeal—or Supply a Hook for Pendent Review Merrill v. Seagraves, Nos. 25-7060 & 25-7061, United States Court of Appeals for...

Merrill v. Seagraves: Disputed Subdual Facts Cannot Support Interlocutory Review, and Pendent Appeals Require an Appealable Hook

Date: Nov 2, 2026

Disputed Subdual Facts Cannot Support Interlocutory Review, and Pendent Appeals Require an Appealable Hook Case: Merrill v. Seagraves Court: United States Court of Appeals for the Tenth Circuit Date:...

United States v. Hess: Exploited Financial Hardship Can Support Vulnerable-Victim Enhancements Without Proof of Impaired Fraud Detection

Date: Nov 2, 2026

United States v. Hess: Exploited Financial Hardship Can Support Vulnerable-Victim Enhancements Without Proof of Impaired Fraud Detection Court: United States Court of Appeals for the Tenth Circuit...

Exploited Financial Hardship Can Support the Large-Number-of-Vulnerable-Victims Enhancement

Date: Nov 2, 2026

Exploited Financial Hardship Can Support the Large-Number-of-Vulnerable-Victims Enhancement Case: United States v. Hess, consolidated with the appeals of Shirley Koch Court: United States Court of...

Exploited Financial Vulnerability Supports the Large-Number Vulnerable-Victim Enhancement in Fraud Sentencing

Date: Nov 2, 2026

Exploited Financial Vulnerability Supports the Large-Number Vulnerable-Victim Enhancement in Fraud Sentencing United States v. Koch — consolidated appeals involving Megan Hess and Shirley Koch, Nos....