The red bow tie problem: Pitchford, Batson step three, and the civil lawyer’s job at jury selection
6/29/26
By: Juliana Sleeper
A Batson challenge is made. The courtroom tightens. The juror chart suddenly looks more important than it did five minutes ago. Someone flips through notes. Someone else pretends not to.
Then the lawyer defending …
Eleventh Circuit: Sexualized football hazing can be actionable under Title IX
6/24/26
The Eleventh Circuit’s decision in C.W. v. Steve Smith and Piedmont City School District (June 17, 2026) is a significant reminder that athletic hazing does not become legally benign because it is labeled “horseplay,” …
Supreme Court narrows FAAAA preemption for transportation brokers
5/21/26
The Supreme Court has closed a major preemption door for transportation brokers. In Montgomery v. Caribe Transport II, LLC (May 14, 2026), the Court held that the Federal Aviation Administration Authorization Act does not …
5/8/26
The Supreme Court issued last week its long-anticipated redistricting decision in Louisiana v. Callais, — S. Ct. —, 2026 WL 1153054 (April 29, 2026). The Court did not strike down Section 2 of the …
Supreme Court argument highlights the reach of Federal Records-Falsification Law
4/2/26
The statute at issue in Abouammo v. United States is 18 U.S.C. section 1519, which makes it a crime to “knowingly alter, destroy, mutilate, conceal, cover up, falsify, or make a false entry …
Beyond deadline math: The Eleventh Circuit’s practical take on equitable tolling
3/16/26
In Beazer v. Richmond County Constructors, LLC (Mar. 10, 2026), the Eleventh Circuit held that equitable tolling saved the plaintiff’s Title VII complaint even though the district court received it after the ninety-day right-to-sue …
When the removal defect “lingers,” the judgment dies
3/2/26
In Hain Celestial Group, Inc. v. Palmquist (Feb. 24, 2026), the Supreme Court unanimously held that when a case is improperly removed to federal court for lack of complete diversity, a district court cannot …
Beyond tariffs: The Supreme Court’s major questions divide
2/27/26
Learning Resources, Inc. v. Trump is, on its face, a statutory interpretation case about whether the International Emergency Economic Powers Act (IEEPA) authorizes the President to impose tariffs. But the opinion also became an …
Rule 8 reloaded: Ninth Circuit takes aim at shotgun pleadings
2/16/26
The Ninth Circuit’s recent decision in Gibson v. City of Portland signals a broader shift in how district courts may treat unclear complaints.
In this qualified immunity case, the district court dismissed on …
Eleventh Circuit tightens Rule 803(4) purpose requirement in recent case
2/6/26
In United States v. Keegan (Dec. 17, 2025), the Eleventh Circuit addressed a defense attempt to use Federal Rule of Evidence 803(4)—the hearsay exception for statements “made for—and … reasonably …
Big changes in med-mal: SCOTUS bars Delaware’s affidavit-of-merit in Federal Court
1/30/26
In Berk v. Choy (Jan. 20, 2026), the U.S. Supreme Court considered whether Delaware’s medical-malpractice “affidavit of merit” statute applies in federal court when a plaintiff sues under diversity jurisdiction. …
1/28/26
In Coney Island Auto Parts Unlimited, Inc. v. Burton (Chapter 7 Trustee for Vista-Pro Automotive, LLC), the Supreme Court addressed whether Rule 60(c)(1)’s “reasonable time” requirement applies to a motion …