Evidentiary Hearing on Suppression Requires a Concrete Factual Dispute—Failure to Contest Marijuana-Odor Probable Cause Defeats the Request Case: United States v. Clarence Gaffney (3d Cir. July 6,...
NGA Field Preemption of State Consumer-Protection Claims Directly Targeting Interstate Wholesale Natural-Gas Sales Despite Retail Pass-Through Effects Case: Deutscher v. Tenaska Marketing Ventures...
Natural Gas Act Field Preemption Bars State Consumer-Protection Claims Directly Targeting Interstate Wholesale Gas Sales Case: Stoneberger v. BP Energy Company (consolidated in In re: WINTER STORM...
Within-Guidelines Sentences and § 3553(a)(6): Disparity Claims Require Comparator Evidence; Courts Do Not Err by Ignoring Facts Not Presented 1. Introduction In United States v. Pantoja-Campos...
Lakey v. Bryant: Supervisory Qualified Immunity for Mutual-Aid Policies and the Requirement of a Pattern (Not Post-Incident Ratification Alone) to Prove an Informal Custom I. Introduction Lakey v....
No Fourth Amendment Privacy in Freenet Opennet Block Requests Logged by “Freenet Roundup” Introduction United States v. Johnson (1st Cir. July 7, 2026) addresses whether law enforcement conducts a...
Uncontroverted Drafter-and-Signatory Testimony Can Resolve Contract Ambiguity as a Matter of Law 1. Introduction 20100 Eastex, L.L.C. v. Saltgrass, Incorporated (5th Cir. July 6, 2026) is a Texas...
State 340B Contract-Pharmacy Protection Statutes Survive: No §340B Preemption; No Takings, Contracts Clause, or Vagueness Violation I. Introduction AstraZeneca v. Murrill (consolidated with appeals...
§ 340B’s Silence on Contract-Pharmacy Delivery Leaves Room for State “Non-Interference” Laws (and Such Laws Survive Takings, Contracts Clause, and Vagueness Attacks) 1. Introduction In AbbVie v....
Single-Member LLC Truck Operator Is a No-Fault “Owner” Based on Right of Use (No Veil Piercing Required) I. Introduction Case: Mohammed Abdulla v. Progressive Southeastern Insurance Company (with...
MRTMA Supersedes State Probation Conditions That Incorporate Federal Marijuana Prohibitions Introduction In People of Michigan v. Danielle Heaven-Leah Hess (Mich Sup Ct, July 6, 2026), the Michigan...
Custodial Compliance as “Official Duties” Speech: Providing Agency Surveillance Video to Investigators Falls Outside First Amendment Protection I. Introduction Holt v. Florissant Fire Protection...
NEPA Standing Requires a Concrete, Imminent Environmental Risk Tied to an Agency’s Own NEPA-Triggering Decision—Not Treasury Tax-Credit Regulations That Merely Fail to Mandate NEPA Review 1....
Rule 56(d) “Good Cause” Requires Diligent Discovery, and Mixed-Case Retaliation Fails Absent Proof of Pretext for Each Proffered Ground 1. Introduction Case: Hernandez v. Blanche, No. 24-1482 (1st...
Maywald v. Toyota: Arizona Reaffirms Two Independent Elements in Strict Products Liability and Narrows Risk/Benefit Analysis to the Challenged Design 1) Introduction Parties. Plaintiffs/Appellants...
Appeal Waivers Survive Sentencing “Right to Appeal” Advisements; Only an “Obvious, Egregious” Miscarriage of Justice Defeats Enforcement (Applying Hunter) 1. Introduction In United States v. Justin...
Third Circuit: A Suppression Hearing Requires a Concrete Factual Dispute, and Sentencing Error Requires “Actual Reliance” on Unreliable Allegations Introduction In United States v. Clarence Gaffney...
Natural Gas Act Field-Preempts State Consumer-Protection Claims That Directly Target Interstate Wholesale Gas Sales (Winter Storm Uri) 1. Introduction Rice v. Southwest Energy (captioned within the...
Natural Gas Act Field Preemption Bars State Consumer-Protection Suits Directly Targeting Interstate Wholesale Gas Sales Case: Giroux v. BP Canada Energy Marketing Corp. (consolidated as In re: Winter...
Natural Gas Act Field Preemption Bars State Consumer-Protection Claims Targeting Interstate Wholesale Gas Sales 1. Introduction Case: Mehl v. BP Energy Company (consolidated as In re: Winter Storm...