sixth-circuit-affirms-constitutionality-of-18-u.s.c.-922(g Case Commentaries

Adult Survivors Act Does Not Expand Employer Tort Liability: Respondeat Superior and Workers’ Compensation Exclusivity Limit Post-18 Tort Claims, While Executive Law § 296 Hostile-Work-Environment Claims May Proceed on Condonation

Date: Jul 9, 2026

Adult Survivors Act Does Not Expand Employer Tort Liability: Respondeat Superior and Workers’ Compensation Exclusivity Limit Post-18 Tort Claims, While Executive Law § 296 Hostile-Work-Environment...

Guardianship “Backdating” Does Not Control Idaho Quiet Title: Situs-State Jurisdiction Prevails Over Later Foreign Incapacity Findings

Date: Jul 9, 2026

Guardianship “Backdating” Does Not Control Idaho Quiet Title: Situs-State Jurisdiction Prevails Over Later Foreign Incapacity Findings I. Introduction Shaw v. Shaw (Idaho Supreme Court, July 8, 2026)...

Taylor v. Cao: “Unusually Deferential” APA Review Governs BCNR Discharge-Upgrade Denials and Permits Serious Misconduct to Outweigh PTSD Mitigation Under Hagel/Kurta/Wilkie Guidance

Date: Jul 8, 2026

Taylor v. Cao: “Unusually Deferential” APA Review Governs BCNR Discharge-Upgrade Denials and Permits Serious Misconduct to Outweigh PTSD Mitigation Under Hagel/Kurta/Wilkie Guidance 1. Introduction...

Enforceable 9.99% “Blockers” Defeat Section 16(b) Short-Swing Liability Absent Plausible Allegations of Sham, Waivability-in-Sole-Discretion, or Real-World Cap Breach

Date: Jul 8, 2026

Enforceable 9.99% “Blockers” Defeat Section 16(b) Short-Swing Liability Absent Plausible Allegations of Sham, Waivability-in-Sole-Discretion, or Real-World Cap Breach 1. Introduction In...

Broad “Remedial Authority” Clauses Permit Compensatory Monetary Awards for Staffing-Grid Breaches Absent an Express Contractual Limitation

Date: Jul 8, 2026

Broad “Remedial Authority” Clauses Permit Compensatory Monetary Awards for Staffing-Grid Breaches Absent an Express Contractual Limitation I. Introduction The New York and Presbyterian Hospital v....

Silence Is Forfeiture (Not Waiver): “Cooperate With and Abide by All Instructions of Immigration Authorities” Supervised-Release Condition Upheld

Date: Jul 8, 2026

Silence Is Forfeiture (Not Waiver): “Cooperate With and Abide by All Instructions of Immigration Authorities” Supervised-Release Condition Upheld I. Introduction In United States v. Salvador (2d Cir....

Seventh Circuit: Pretextual Commercial-Truck “Administrative Inspections” Violate the Fourth Amendment; No Good-Faith Safe Harbor for Tip-Driven K9 Stops

Date: Jul 8, 2026

Seventh Circuit: Pretextual Commercial-Truck “Administrative Inspections” Violate the Fourth Amendment; No Good-Faith Safe Harbor for Tip-Driven K9 Stops Case: United States v. Ausencio Martinez, No....

Hawkins v. Northwestern Corp.: Waiver of Procedural Judicial-Assignment Objections, Rule 2(c) Dismissal for Nonresponse, and “Good Cause” Limits on Post-Deadline Joinder

Date: Jul 8, 2026

Hawkins v. Northwestern Corp.: Waiver of Procedural Judicial-Assignment Objections, Rule 2(c) Dismissal for Nonresponse, and “Good Cause” Limits on Post-Deadline Joinder Introduction In Hawkins v....

Tuma v. Britt (2026 MT 144) Commentary

Date: Jul 8, 2026

Ambiguous Lease Amendment Removing “Paragraph 5” Permits Extrinsic Evidence and Preserves a Lessee’s Tenancy-in-Common Purchase Right Introduction Tuma v. Britt, 2026 MT 144, is a Montana Supreme...

State v. Twardoski (2026 MT 142): Revictimization Statistics as Permissible “Educational” Expert Testimony; Actual Vindictiveness Standard for Harsher Resentencing by a Different Judge

Date: Jul 8, 2026

Revictimization Statistics May Be “Educational,” and Harsher Resentencing by a Different Judge Requires Proof of Actual Vindictiveness 1. Introduction Case: State v. A. Twardoski, 2026 MT 142 (Mont....

De Novo ERISA Review Allows Extra-Record Evidence in District Court—But Not Late or on Appeal Absent Scheduling Compliance and “Interests of Justice”

Date: Jul 8, 2026

De Novo ERISA Review Allows Extra-Record Evidence in District Court—But Not Late or on Appeal Absent Scheduling Compliance and “Interests of Justice” Introduction In Yu Wang v. Metropolitan Life...

Guidelines Commentary Error on § 2G2.2 Video “Image” Counting Is Not Plainly Reversible When Correct Frame-Based Counting Still Triggers the 600-Image Enhancement

Date: Jul 8, 2026

Guidelines Commentary Error on § 2G2.2 Video “Image” Counting Is Not Plainly Reversible When Correct Frame-Based Counting Still Triggers the 600-Image Enhancement Case: United States v. Lucio Daza...

Wyoming Boys’ School Cannot Be Used to Detain Alleged Delinquents Pre‑Adjudication

Date: Jul 8, 2026

Wyoming Boys’ School Cannot Be Used to Detain Alleged Delinquents Pre‑Adjudication 1. Introduction In the Interest of RCR, a Minor Child: State of Wyoming, Department of Family Services; Wyoming...

Wyoming Boys’ School Cannot Be Used for Pre-Adjudication Juvenile Detention Under the Juvenile Justice Act

Date: Jul 8, 2026

Wyoming Boys’ School Cannot Be Used for Pre-Adjudication Juvenile Detention Under the Juvenile Justice Act 1. Introduction In In the Interest of RCR, a minor child, STATE OF WYOMING, DEPARTMENT OF...

Wyoming Courts Cannot Condition Public-Defender Representation on Forced Pretrial Liquidation of a Defendant’s Assets

Date: Jul 8, 2026

Wyoming Courts Cannot Condition Public-Defender Representation on Forced Pretrial Liquidation of a Defendant’s Assets Introduction In John Robert Allen v. The State of Wyoming, 2026 WY 72, the...

Harmless-Error Affirmance of Supervised-Release Revocation Despite Missing Rule 32.1 Interest-of-Justice Balancing, and No FRE 901 Authentication Requirement

Date: Jul 8, 2026

Harmless-Error Affirmance of Supervised-Release Revocation Despite Missing Rule 32.1 Interest-of-Justice Balancing, and No FRE 901 Authentication Requirement 1. Introduction In United States v....

Generalized Prison-Violence Eighth Amendment Claims: Contextualized Assault Rates, Judicial Notice of Population, and “Specific Features” Can Defeat Summary Judgment

Date: Jul 8, 2026

Generalized Prison-Violence Eighth Amendment Claims: Contextualized Assault Rates, Judicial Notice of Population, and “Specific Features” Can Defeat Summary Judgment I. Introduction Mitchell Marbury...

Public University Classroom Speech Is Not “Government Speech”: Florida’s Individual Freedom Act Likely Unconstitutional Viewpoint Discrimination

Date: Jul 8, 2026

Public University Classroom Speech Is Not “Government Speech”: Florida’s Individual Freedom Act Likely Unconstitutional Viewpoint Discrimination I. Introduction In consolidated interlocutory appeals...

Eleventh Circuit: Legislative Viewpoint Bans in Public University Classrooms Violate the First Amendment; Garcetti Does Not Swallow Academic Teaching

Date: Jul 8, 2026

Legislative Viewpoint Bans in Public University Classrooms Are Unconstitutional: The Eleventh Circuit Rejects “Salary-for-Speech” and Declines to Extend Garcetti to Teaching Case: LeRoy Pernell v....

Post‑Mediation Inactivity Supports Dismissal With Prejudice; Frivolous Motion Practice Supports Fee Sanctions; Undertaking Required to Appeal Justice‑Court Money Judgments

Date: Jul 8, 2026

Post‑Mediation Inactivity Supports Dismissal With Prejudice; Frivolous Motion Practice Supports Fee Sanctions; Undertaking Required to Appeal Justice‑Court Money Judgments Introduction Smith v....