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

Muchiri v. Blanche: The BIA Must Clearly Address Properly Raised Future-Persecution Theories (or Explicitly Find Waiver) Before Denying Relief

Date: Jun 4, 2026

Muchiri v. Blanche: The BIA Must Clearly Address Properly Raised Future-Persecution Theories (or Explicitly Find Waiver) Before Denying Relief 1. Introduction In Muchiri v. Blanche (1st Cir. June 3,...

PASCP Inc. v. Commissioner of Revenue: Indirect Audit Underreporting Triggers 6½-Year Assessment Period and Failure to Keep Records Supports Negligence Penalty

Date: Jun 4, 2026

PASCP Inc. v. Commissioner of Revenue: Indirect Audit Underreporting Triggers 6½-Year Assessment Period and Failure to Keep Records Supports Negligence Penalty 1. Introduction In PASCP Inc., Relator,...

Emergency Responses Are Presumptively “Nonroutine” Under Minn. Stat. § 299A.41 and Kramer/Johnson Remain an Alternative Path to Line-of-Duty Benefits

Date: Jun 4, 2026

Emergency Responses Are Presumptively “Nonroutine” Under Minn. Stat. § 299A.41 and Kramer/Johnson Remain an Alternative Path to Line-of-Duty Benefits Case: In the Matter of a Public Safety Officer...

Title VII Promotion Claims: Pretext Requires Materially Comparable Comparators, and Internal Complaints Must Clearly Allege Sex Discrimination to Be Protected Activity

Date: Jun 4, 2026

Title VII Promotion Claims: Pretext Requires Materially Comparable Comparators, and Internal Complaints Must Clearly Allege Sex Discrimination to Be Protected Activity 1. Introduction In Bowei Xi v....

Drug-Premises Enhancement in a Residence: “Primary Use” Shown by Tools of the Trade, Drug Quantity, and Context; Minor Sentencing Misstatements Harmless Absent Reliance

Date: Jun 4, 2026

Drug-Premises Enhancement in a Residence: “Primary Use” Shown by Tools of the Trade, Drug Quantity, and Context; Minor Sentencing Misstatements Harmless Absent Reliance Case: United States v. Maurice...

Broad Settlement Release and Covenant Not to Sue Bar Later FHA/§ 1983 Claims; Florida School-Choice Statute Creates No Federal Property Interest

Date: Jun 4, 2026

Broad Settlement Release and Covenant Not to Sue Bar Later FHA/§ 1983 Claims; Florida School-Choice Statute Creates No Federal Property Interest 1. Introduction In Blake Warner v. School Board of...

“Exceptional Circumstances” for Ex Parte Juvenile Removal Under OCGA § 15-11-132 Means “Uncommon or Unusual,” Not Necessarily “Imminent Danger”

Date: Jun 4, 2026

“Exceptional Circumstances” for Ex Parte Juvenile Removal Under OCGA § 15-11-132 Means “Uncommon or Unusual,” Not Necessarily “Imminent Danger” 1. Introduction In IN THE INTEREST OF D. B. et al.,...

Termination of Guardianship Without Less Restrictive Alternatives When No Reasonable Likelihood of Correction Exists

Date: Jun 4, 2026

Termination of Guardianship Without Less Restrictive Alternatives When No Reasonable Likelihood of Correction Exists 1. Introduction Case: In re J.G. and M.A. (Supreme Court of Appeals of West...

Mutual Conduct Can Waive Written Change-Order Clauses (Even with “No-Waiver-Except-Writing” Language) and Permit Equitable Recovery for Extra-Contract Work

Date: Jun 4, 2026

Mutual Conduct Can Waive Written Change-Order Clauses (Even with “No-Waiver-Except-Writing” Language) and Permit Equitable Recovery for Extra-Contract Work 1. Introduction RJH Builders, LLC v. Robert...

ADA Pleading Rule for Court-Record Access: Denial Based on Nonpublic Status Is Not Disability Discrimination or Retaliation Without Plausible Disability-Based Causation

Date: Jun 4, 2026

ADA Pleading Rule for Court-Record Access: Denial Based on Nonpublic Status Is Not Disability Discrimination or Retaliation Without Plausible Disability-Based Causation Introduction In Lawson v....

Anonymous Safe2Tell Tips Can Justify a School Backpack Search When Independently Corroborated Under T.L.O.’s Reasonable-Suspicion Standard

Date: Jun 4, 2026

Anonymous Safe2Tell Tips Can Justify a School Backpack Search When Independently Corroborated Under T.L.O.’s Reasonable-Suspicion Standard Introduction In People ex rel. T.J.W., 2026 CO 38, the...

UM Insurers Must Specifically and Promptly Plead Legitimate Defenses; C.R.C.P. 9(b) Applies Only to Fraud or Mistake

Date: Jun 4, 2026

UM Insurers Must Specifically and Promptly Plead Legitimate Defenses; C.R.C.P. 9(b) Applies Only to Fraud or Mistake Case: Progressive Direct Ins. Co. v. Ortiz, 2026 CO 40, 24SC440 (Colo. Jun 01,...

Termination Rights Are Bankruptcy Estate Property: § 203 Copyright Termination Interests Pass Into Chapter 7 Under § 541 and Remain with the Estate if Unscheduled

Date: Jun 4, 2026

Termination Rights Are Bankruptcy Estate Property: § 203 Copyright Termination Interests Pass Into Chapter 7 Under § 541 and Remain with the Estate if Unscheduled I. Introduction Lil' Joe Records,...

Allen v. Milligan (2026): Callais “Just as Well” Alternative-Map Requirement and Party-Controlled Racial-Bloc Proof Drive Emergency Stays

Date: Jun 4, 2026

Allen v. Milligan (2026): Callais “Just as Well” Alternative-Map Requirement and Party-Controlled Racial-Bloc Proof Drive Emergency Stays 1) Introduction Allen v. Milligan (per curiam) arises from...

Enforcing Appeal Waivers and Rule 11’s “Low Bar” Factual-Basis Standard After a Plea-Withdrawal Breach

Date: Jun 4, 2026

Enforcing Appeal Waivers and Rule 11’s “Low Bar” Factual-Basis Standard After a Plea-Withdrawal Breach I. Introduction In United States v. Justin Deshun Stiger (6th Cir. June 2, 2026), the Sixth...

Chavez v. Blanche: Forfeiture of Defective-NTA Objections After Close of Pleadings and Evidentiary Requirements for U-Visa-Based Administrative Closure

Date: Jun 4, 2026

Chavez v. Blanche: Forfeiture of Defective-NTA Objections After Close of Pleadings and Evidentiary Requirements for U-Visa-Based Administrative Closure 1. Introduction In Chavez v. Blanche (5th Cir....

Competitor Lawyers Cannot Sue for Illegal Solicitation Absent Direct Property Injury; Civil RICO Requires Direct, Non-Attenuated Causation

Date: Jun 4, 2026

Competitor Lawyers Cannot Sue for Illegal Solicitation Absent Direct Property Injury; Civil RICO Requires Direct, Non-Attenuated Causation Case: CAMBRE & ASSOCIATES, LLC et al. v. LAZENBY et al.,...

Mandatory Ten-Day Hearing on DVPO Appeals: Circuit Courts Must Hold a Hearing Unless Affirmatively Waived

Date: Jun 4, 2026

Mandatory Ten-Day Hearing on DVPO Appeals: Circuit Courts Must Hold a Hearing Unless Affirmatively Waived Introduction In Tyler E. v. B.E. by Christina E. (W. Va. Sup. Ct. App. June 1, 2026), the...

Plain-Error Scrutiny for “Back-Door” Expert Evidence: Therapy Notes as Unfair Surprise After Expert Exclusion

Date: Jun 4, 2026

Plain-Error Scrutiny for “Back-Door” Expert Evidence: Therapy Notes as Unfair Surprise After Expert Exclusion 1. Introduction State of West Virginia v. Brendan W. (Justice Wooton, concurring, in...

Anonymous Safe2Tell Tips Plus Innocent-Detail Corroboration Can Establish Reasonable Suspicion for School Backpack Searches

Date: Jun 4, 2026

Anonymous Safe2Tell Tips Plus Innocent-Detail Corroboration Can Establish Reasonable Suspicion for School Backpack Searches Case: People in Interest of T.J.W., 2026 CO 38 (Colo. June 1, 2026) Court:...