Distinctive Vehicle Match Creates Particularized Suspicion for a Terry Stop; Probation Search Authorized by Reasonable Cause Based on Probation Violations Introduction In State v. J. Stewart, the...
State v. Proctor (2026 MT 150): “All Data” Cell-Phone Search Warrants Are Overbroad General Warrants Without Particularized Limits—But Admission May Be Harmless 1. Introduction In State v. Proctor,...
Revising the Sica Test: Inherently Beneficial Use Variances Now Require an Independent “No Substantial Impairment” Showing Under N.J.S.A. 40:55D-70 1. Introduction Monarch Communities, LLC v....
State v. Wildgoose: Speculation Cannot Satisfy Rule 3:22-4(a)(2) and Procedurally Barred PCR Appeals Cannot Generate New Prosecutorial-Procedure Rules Supreme Court of New Jersey — Decided July 14,...
Pleading “Normal Charges” Tied to FAIR Health Percentiles Suffices for ERISA MRC-1 Underpayment Claims; Providers Lack Fiduciary-Duty Standing Absent a Personal Right to the Challenged Plan Assets I....
Minimum Contacts in One-Off Service Contracts: Unsworn Brief “Facts,” Choice-of-Law Clauses, and In-State Injury Do Not Create Specific Jurisdiction 1. Introduction ERC Specialists, LLC v....
Cordova v. Textron Aviation: Record-Contradicted “Deception” Claims and Appellate Briefing Duties Cannot Salvage Summary Judgment 1. Introduction In Cordova v. Textron Aviation, Inc. (10th Cir. July...
No Plain Error from “Elements Met” Nexus-Expert Testimony Under Rules 704(b)/403; § 922(g)(1) As-Applied Challenges Foreclosed by Vincent v. Bondi Document status: The Tenth Circuit designated this...
Tenth Circuit: “Establishment-Claim” Lanham Act Liability for a Competitor’s Website Links and Vet-Education Materials—But Not for Independent Vets’ and Nonprofits’ Public Scientific Speech Absent...
CDC’s Six-Month Dog Import Age Rule Upheld as a § 264(a) “Inspection” Measure (Not a § 265 Import Ban) 1. Introduction Bruno Project Rescue, Inc. v. Centers for Disease Control and Prevention (1st...
State v. Mendez: Totality-of-Voir-Dire Review Preserves and Proves Actual Law-Enforcement Bias; Fuson Presumed-Prejudice Rule Reaffirmed I. Introduction In State v. Mendez (N.M. July 13, 2026), the...
SBA May Cap PPP Guarantees/Forgiveness by Corporate Group; Affiliated LLCs May Be Aggregated and Rule Is Not Retroactive to Pre-Rule Applications 1. Introduction Case: Forest View Rehabilitation and...
PPP Corporate-Group Loan Caps Are Valid Under SBA Emergency Rulemaking and Do Not Create Retroactive Forgiveness Rights 1. Introduction Oak Lawn Respiratory and Rehabilitation Center v. United States...
Issue Exhaustion and CAT Deferral: Waiver for Not Challenging “Particularly Serious Crime” Findings Before the BIA; Generalized Country Conditions and Non-Acquiescing Governments Do Not Suffice 1....
Rule 37 Sanctions in Parenting Cases: Courts May Limit Mental-Health Testimony to the Period Disclosed to the Parenting Evaluator 1. Introduction Parenting of C.R.J. (Mont. 2026 MT 151) arises from...
Outdated-Record Limits on Supervised Parenting Time After Long Post-Hearing Delay Introduction Parenting of H.B.-S. (Mont. Sup. Ct. 2026 MT 156N) arose from a high-conflict parenting dispute between...
Probable Cause for Disobeying a School Traffic Direction Defeats Both Fourth Amendment and Retaliatory-Arrest Claims; “Nieves” Exception Requires Objective, Contextual Comparators 1. Introduction...
Mixed-Motive Title VII Theory Must Be Properly Preserved; Undisputed Policy-Violation Investigation Defeats Pretext at Summary Judgment 1. Introduction In Loayza v. Whole Foods Market, the Fifth...
Plain-Error Limits on Unpreserved Daubert Challenges and Continued Foreclosure of Facial Second Amendment Attacks on 18 U.S.C. § 922(g)(1) I. Introduction In United States v. Tracy Grant, Jr. (4th...
Manual Cell-Phone Border Searches Are “Routine” and Require No Individualized Suspicion Case: United States v. Jose Belmonte Cardozo (No. 25-4239) Court: United States Court of Appeals for the Fourth...