Unverified AI-Generated Citations Violate Counsel’s Duty of Competence and Candor (and Routine In‑Forum Training Does Not Create Florida Jurisdiction) Case: Estate of Lane Caviness v. Atlas Air, Inc....
Post-Accident Evidence, “Obvious Risk” to Trained Users, and Proof-Heavy Risk–Utility: Fifth Circuit Affirms Summary Judgment in Premises- and Products-Defect Claims Case: George v. SI Group (5th...
Interlocutory Appeal Bar: Partial Summary Judgment Foreclosing Only Permanent Injunctive Relief Is Appealable Under § 1292(a)(1) Only If Carson Is Satisfied 1. Introduction In Rey v. LCMC Health Care...
ADAAA Coverage Requires Evidence—No “Regulatory Presumption” of Disability from Stroke/Diabetes Without Substantial Limitation I. Introduction In Ester-Capers v. Walmart (5th Cir. July 8, 2026) (per...
Qualified Immunity for Split-Second Deadly Force Requires Near-Analogous Precedent When a Fleeing Felony-Warrant Suspect Retrieves and Holds an Unidentified Object Introduction In Searles v. City of...
Post-Abitron Rule in the Fourth Circuit: Targeted U.S. Web Marketing and U.S. Customer Sales Constitute Domestic “Infringing Use in Commerce” I. Introduction In Dmarcian, Inc. v. DMARC Advisor BV...
Clarifying LWOP Aggravator Instructions in Unbifurcated Murder Trials: No Fundamental Error When Jury Is Told to Reach the Aggravator Only After Finding Deliberate First-Degree Murder I. Introduction...
Plain-Error Limits on Relief When a § 5K1.1 Motion Is Granted but the Sentence Remains Within the Original Guideline Range Introduction In United States v. Sealed (5th Cir. July 10, 2026) (per...
Broad “In Connection With” Application of U.S.S.G. § 2K2.1(c)(1)(A) and Mid-Range Bodily-Injury Enhancement for Multi-Gunshot Victims I. Introduction Case: United States v. Barber, No. 25-30430 (5th...
Rule 17(b)(3) Capacity and Louisiana Affidavit-Dissolution: A Dissolved Foreign LLC Cannot Sue in Texas, and Sealing Requires an On-the-Record Balancing Test I. Introduction Case: The Juneau Group,...
State “Expungements” Count Under U.S.S.G. § 4A1.2(j) Unless Grounded in Innocence or Legal Error: Fifth Circuit Clarifies the “Underlying Rationale” Test Case: United States v. Payne (5th Cir. July...
Strickland Prejudice and Guidelines Miscalculations: No Relief When the Sentencing Court Varied Independently and Says So Case: United States v. Schubert (5th Cir. July 10, 2026) (per curiam,...
Qualified Immunity in Transport-Custody Medical Emergencies: No Clearly Established 2019 Duty to Immediately Secure Aid Upon Observed Unconsciousness I. Introduction Thorpe v. Weaver (5th Cir. July...
Unrelated Prior Representation of a Victim Bank Does Not Require § 455(a) Recusal on Plain-Error Review; Bruton Is Not Triggered by a Co-Defendant Guilty Plea That Only Implicates by Inference 1....
Fourth Circuit: § 1326(d) Exhaustion Requires Timely, Lozada-Compliant Presentation of Ineffective-Assistance Claims to the BIA Case: United States v. Melvin Mauricio Valencia Gil (4th Cir. July 9,...
Municipal Discretion Defeats Due-Process Property Interests in Optional Board Seats Case: Kenneth Deal v. City of Monroe (4th Cir. July 8, 2026) | Holding: An appointee to a discretionary municipal...
ALJ May Qualitatively Weigh Conflicting Arterial Blood-Gas Studies Using Exercise Duration Without Additional Expert Proof 1. Introduction Pocahontas Coal Company, LLC v. DOWCP (4th Cir. July 10,...
Retaliation by Accelerated Removal: Fact Dispute Created When Employer’s Notice Ties Timing to Protected Complaints 1. Introduction In Mark Lee v. West Virginia University Medical Corporation, Dr....
Divisibility of West Virginia’s Controlled Substances Act: “Manufacture” (Including Cultivation) Qualifies as a Guidelines Controlled Substance Offense Despite Campbell I. Introduction In United...
Spoliation Sanctions May Presume EEOC Right-to-Sue Notice Receipt Date and Dispose of Time-Barred Title VII Claims Case: Jerry Painadath v. Good Shepherd Penn Partners (3d Cir. July 10, 2026)...