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

NRS 176.09183 Requires a Showing that New DNA Testing Could Have Prevented Prosecution Despite Other Circumstantial Evidence

Date: Sep 22, 2026

NRS 176.09183 Requires a Showing that New DNA Testing Could Have Prevented Prosecution Despite Other Circumstantial Evidence 1. Introduction In PINEDA-LAURENCIO (YIORKIS) v. STATE (CRIMINAL) (Nev....

Interstate Handgun Purchase Bans Are Presumptively Unconstitutional Under Bruen and Fail Without Founding-Era Analogues

Date: Sep 22, 2026

Interstate Handgun Purchase Bans Are Presumptively Unconstitutional Under Bruen and Fail Without Founding-Era Analogues 1. Introduction In Elite Precision v. ATF (5th Cir. Sept. 18, 2026), the Fifth...

Enforcing Appeal Waivers After Hunter I: Ordinary Guidelines Disputes (Including Career-Offender Classification) Are Not “Miscarriages of Justice”

Date: Sep 22, 2026

Enforcing Appeal Waivers After Hunter I: Ordinary Guidelines Disputes (Including Career-Offender Classification) Are Not “Miscarriages of Justice” I. Introduction United States v. Chaney (5th Cir....

Title-Insurance Damages Use Market Value of Title “As Insured” (Not Current Use) and Mandatory Prejudgment Interest Runs From the Policy’s Payment-Due Date

Date: Sep 22, 2026

Title-Insurance Damages Use Market Value of Title “As Insured” (Not Current Use) and Mandatory Prejudgment Interest Runs From the Policy’s Payment-Due Date 1. Introduction In Hayden Holdings, Ltd v....

No Partial PPP Forgiveness for Corporate-Group-Cap Violations Under SBA’s Corporate Group Rule

Date: Sep 22, 2026

No Partial PPP Forgiveness for Corporate-Group-Cap Violations Under SBA’s Corporate Group Rule Introduction In Celebrity of Springfield LLC v. SBA, the U.S. Court of Appeals for the Third Circuit...

Adverse Credibility Upheld Where Inconsistencies Are Material and Testimony Is Implausible; Unraised CAT Arguments Are Forfeited

Date: Sep 22, 2026

Adverse Credibility Upheld Where Inconsistencies Are Material and Testimony Is Implausible; Unraised CAT Arguments Are Forfeited 1. Introduction In Arianne Bracho Hernandez v. Attorney General United...

Child-Welfare Investigations: Warrantless Home Entry Requires Consent, Warrant, or Imminent-Danger Exigency; “Dodd” Removals Satisfy Due Process Only When Constitutional Imminent Harm Exists

Date: Sep 22, 2026

Child-Welfare Investigations: Warrantless Home Entry Requires Consent, Warrant, or Imminent-Danger Exigency; “Dodd” Removals Satisfy Due Process Only When Constitutional Imminent Harm Exists I....

Uncorroborated “Agitated Caregiver” Report Cannot Justify Warrantless Child-Welfare Home Entry; Emergency Child Removals Must Meet a Constitutional “Imminent Harm” Standard (Though Qualified Immunity May Still Apply)

Date: Sep 22, 2026

Uncorroborated “Agitated Caregiver” Report Cannot Justify Warrantless Child-Welfare Home Entry; Emergency Child Removals Must Meet a Constitutional “Imminent Harm” Standard (Though Qualified Immunity...

Reconsidering Youngblood Under Michigan’s Due Process Clause for Destroyed Police Interview Recordings

Date: Sep 22, 2026

Reconsidering Youngblood Under Michigan’s Due Process Clause for Destroyed Police Interview Recordings 1. Introduction People of Michigan v. Dangelo Ladonn McWilliams (Mich Sup Ct, Sept 17, 2026)...

Third-Country Removals Require Effective Notice and a Meaningful Opportunity to Raise Fear-Based Claims (and APA Vacatur/Declaratory Relief Survive INA § 1252(f)(1))

Date: Sep 22, 2026

Third-Country Removals Require Effective Notice and a Meaningful Opportunity to Raise Fear-Based Claims (and APA Vacatur/Declaratory Relief Survive INA § 1252(f)(1)) Case: D.V.D. v. U.S. Department...

FIFRA Stop-Sale Orders: Unsubstantiated “Device” or “Treated Article” Exemption Claims Do Not Defeat EPA’s “Reason to Believe”

Date: Sep 22, 2026

FIFRA Stop-Sale Orders: Unsubstantiated “Device” or “Treated Article” Exemption Claims Do Not Defeat EPA’s “Reason to Believe” Case: Berkey International, LLC v. U.S. Environmental Protection Agency...

Abraham v. Arizona Board of Regents: De Novo Review, Post-Request Destruction as Denial, and “Substantially Prevailed” Measured Across the Entire Public-Records Dispute

Date: Sep 22, 2026

Abraham v. Arizona Board of Regents: De Novo Review, Post-Request Destruction as Denial, and “Substantially Prevailed” Measured Across the Entire Public-Records Dispute I. Introduction Parties: Dr....

United States v. Davis: Show-Up Identifications Are Not “Unduly Suggestive” Absent Police Aggravation; Context Matters for Allegedly Coaching Instructions

Date: Sep 20, 2026

Show-Up Identifications Are Not “Unduly Suggestive” Absent Police Aggravation; Context Controls Whether Officers “Coached” an Identification Case: United States v. Leonon Ricky Davis (11th Cir. Sept....

Seventh Circuit Tightens § 10(j): No Presumed Irreparable Harm; Specific, Employee-Rights-Focused Proof Required (and Delay Undercuts Relief)

Date: Sep 20, 2026

Seventh Circuit Tightens § 10(j): No Presumed Irreparable Harm; Specific, Employee-Rights-Focused Proof Required (and Delay Undercuts Relief) Case: Angie Cowan Hamada v. Laborforce, LLC, No. 25-3110...

Willful Discovery Noncompliance Warrants Dismissal with Prejudice Under Rules 41(b) and 37—Even for Pro Se Litigants After Clear Warnings

Date: Sep 20, 2026

Willful Discovery Noncompliance Warrants Dismissal with Prejudice Under Rules 41(b) and 37—Even for Pro Se Litigants After Clear Warnings 1. Introduction In Paula Willis v. Lockheed Martin...

U.S.S.G. § 2K2.1(b)(4)(B)(i) After the 2024 Amendment: A Scratched-but-Legible Serial Number Does Not Trigger the Enhancement

Date: Sep 20, 2026

U.S.S.G. § 2K2.1(b)(4)(B)(i) After the 2024 Amendment: A Scratched-but-Legible Serial Number Does Not Trigger the Enhancement I. Introduction United States v. Eddie Flournah, Jr. (11th Cir. Sept. 18,...

Under Amended U.S.S.G. § 2K2.1(b)(4)(B)(i), a Scratched-but-Legible Serial Number Does Not Trigger the Enhancement; Government Must Prove Illegibility to the Unaided Eye

Date: Sep 20, 2026

Under Amended U.S.S.G. § 2K2.1(b)(4)(B)(i), a Scratched-but-Legible Serial Number Does Not Trigger the Enhancement; Government Must Prove Illegibility to the Unaided Eye Introduction In United States...

O'Bryant v. DCPP: Child-Welfare Caseworkers May Not Coerce Warrantless Home Entry Absent Exigency; Temporary Child Removal Without Pre-Removal Judicial Authorization Violates Procedural Due Process Absent Imminent Harm (Though Not Clearly Established in 2017)

Date: Sep 20, 2026

O'Bryant v. DCPP: Child-Welfare Caseworkers May Not Coerce Warrantless Home Entry Absent Exigency; Temporary Child Removal Without Pre-Removal Judicial Authorization Violates Procedural Due Process...

Davison v. Bisignano: § 405(g) Exhaustion Must Be Pleaded in the Complaint; Objections and Inadequate Appellate Briefing Cannot Cure Jurisdictional Defects

Date: Sep 19, 2026

Davison v. Bisignano: § 405(g) Exhaustion Must Be Pleaded in the Complaint; Objections and Inadequate Appellate Briefing Cannot Cure Jurisdictional Defects Introduction In Davison v. Bisignano (10th...

Buggs v. McNulty: No Fourth Amendment Claim When a Visitor Remains on School Property After Being Told to Leave

Date: Sep 19, 2026

Buggs v. McNulty: No Fourth Amendment Claim When a Visitor Remains on School Property After Being Told to Leave Introduction In Robert Buggs v. Paige McNulty and Gary Community School Corporation...