treatment-plan-waiver-and-no-duty-to-consider-guardianship-absent-a-petition-in-yinc-term... Case Commentaries

Government-Required Training-Video Correction Counts as Labor Under the Miller Act

Date: Nov 4, 2026

Government-Required Training-Video Correction Counts as Labor Under the Miller Act Case: Southern Equipment & Services, LLC v. Windamir Development, Inc. Court: United States Court of Appeals for the...

Disciplinary Warnings After Muldrow: Actual Employment Harm and Retaliatory Causation

Date: Nov 4, 2026

Disciplinary Warnings After Muldrow: Actual Employment Harm and Retaliatory Causation Case: Steven Epperson v. The Hertz Corporation Court: United States Court of Appeals for the Eleventh Circuit...

Supervised-Release Revocation: Circumstantial Proof and Deterrence-Based Upward Variances

Date: Nov 4, 2026

Supervised-Release Revocation: Circumstantial Proof and Deterrence-Based Upward Variances Case: United States v. Cortez Green Court: United States Court of Appeals for the Eleventh Circuit Date:...

Specific Leadership Findings and Undisputed Losses Can Support Full Conspiracy Restitution

Date: Nov 4, 2026

Specific Leadership Findings and Undisputed Losses Can Support Full Conspiracy Restitution United States v. Malcolm Jeffrey United States Court of Appeals for the Eleventh Circuit No. 25-14537 |...

Sentence-Appeal Waivers Bar Ordinary Reasonableness Challenges Absent an Applicable Exception

Date: Nov 4, 2026

Sentence-Appeal Waivers Bar Ordinary Reasonableness Challenges Absent an Applicable Exception Case: United States v. Darryl Payne, No. 26-10590 Court: United States Court of Appeals for the Eleventh...

Affirmative Acceptance of a Criminal-History Calculation Bars a Later Appellate Challenge

Date: Nov 4, 2026

Affirmative Acceptance of a Criminal-History Calculation Bars a Later Appellate Challenge Case: United States v. Herman Steen Court: United States Court of Appeals for the Eleventh Circuit Date:...

Compassionate-Release Denials Require the Applicable Guideline and an Explanation Permitting Meaningful Review

Date: Nov 4, 2026

Compassionate-Release Denials Require the Applicable Guideline and an Explanation Permitting Meaningful Review Case: United States v. Leon Spikes, Sr., No. 26-10132 Court: United States Court of...

Previously Admitted Adjustment Applicants Must Prove Admissibility by a Preponderance of the Evidence

Date: Nov 4, 2026

Previously Admitted Adjustment Applicants Must Prove Admissibility by a Preponderance of the Evidence Case: Sintia Nivar Santana v. Todd Blanche, No. 22-2114 Court: United States Court of Appeals for...

Seizure Figures Alone Do Not Cap Sentencing Drug Quantities

Date: Nov 4, 2026

Seizure Figures Alone Do Not Cap Sentencing Drug Quantities Case: United States v. Dew, No. 25-30623 Court: United States Court of Appeals for the Fifth Circuit Decision date: November 2, 2026...

Constructive Amendment on Plain-Error Review: Advance Notice and Strong Evidence Can Defeat Reversal

Date: Nov 4, 2026

Constructive Amendment on Plain-Error Review: Advance Notice and Strong Evidence Can Defeat Reversal Case: United States v. Herndon Court: United States Court of Appeals for the Fifth Circuit...

United States v. Sow: No Automatic Noncustodial Sentence for First Offenders; Restitution for Government-Requested Counterfeit Appraisals

Date: Nov 4, 2026

United States v. Sow: No Automatic Noncustodial Sentence for First Offenders; Restitution for Government-Requested Counterfeit Appraisals Court: United States Court of Appeals for the Second Circuit...

D&O Coverage: Plain-Language Exclusions, Formal Departure Dates, and Related Claims

Date: Nov 4, 2026

D&O Coverage: Plain-Language Exclusions, Formal Departure Dates, and Related Claims Case: Tri County Telephone Association v. Twin City Fire Insurance Company Court: United States Court of Appeals...

Moderate Mental Limitations and Reserved Disability Opinions: Substantial-Evidence Review at Step Three

Date: Nov 4, 2026

Moderate Mental Limitations and Reserved Disability Opinions: Substantial-Evidence Review at Step Three Case: Rebecca Noe v. Social Security Administration, No. 26-5136 Court: United States Court of...

RESPA Bars Recovery of Follow-Up QWR Attorney Fees and De Minimis Postage Costs

Date: Nov 4, 2026

RESPA Bars Recovery of Follow-Up QWR Attorney Fees and De Minimis Postage Costs Case: Murray v. Newrez LLC & PHH Mortgage Corporation Court: United States Court of Appeals for the Second Circuit...

Trade-Secret Use Extends Beyond Copying: Courts Must Not Resolve Competing Documentary Inferences at Dismissal

Date: Nov 4, 2026

Trade-Secret Use Extends Beyond Copying: Courts Must Not Resolve Competing Documentary Inferences at Dismissal Case: SS&C Technologies Holdings, Inc. v. Arcesium LLC, No. 25-2049-cv Court: United...

Under TEFRA, FPAA Timeliness Must Be Challenged at the Partnership Level or Is Waived

Date: Nov 4, 2026

Under TEFRA, FPAA Timeliness Must Be Challenged at the Partnership Level or Is Waived Case: Blum v. CIR, No. 25-9001 Court: United States Court of Appeals for the Tenth Circuit Decided: November 2,...

Mostafa v. Blanche: Narrow Bivens Medical-Care Remedies and Specific Final-Agency-Action Requirements for APA Review

Date: Nov 4, 2026

Mostafa v. Blanche: Narrow Bivens Medical-Care Remedies and Specific Final-Agency-Action Requirements for APA Review United States Court of Appeals for the Tenth Circuit No. 25-1454 — November 2,...

Section 2255 Appeals Require Debatable Constitutional Claims: Interpreter Adequacy Turns on Fundamental Fairness

Date: Nov 4, 2026

Section 2255 Appeals Require Debatable Constitutional Claims: Interpreter Adequacy Turns on Fundamental Fairness Case: United States v. Cifuentes-Lopez, No. 26-6138 Court: United States Court of...

Brady Materiality: A Withheld Summary of Disclosed, Inconclusive DNA Findings Does Not Justify Habeas Relief

Date: Nov 4, 2026

Brady Materiality: A Withheld Summary of Disclosed, Inconclusive DNA Findings Does Not Justify Habeas Relief Case: Allen v. Sergent, No. 26-3169 Court: United States Court of Appeals for the Tenth...

United States v. Smith: A Firearm’s Potential to Embolden Felony Drug Possession Supports a Sentencing Enhancement

Date: Nov 4, 2026

United States v. Smith: A Firearm’s Potential to Embolden Felony Drug Possession Supports a Sentencing Enhancement Court: United States Court of Appeals for the Tenth Circuit Date: November 3, 2026...