MRTMA Supersedes State Probation Conditions That Incorporate Federal Marijuana Prohibitions Introduction In People of Michigan v. Danielle Heaven-Leah Hess (Mich Sup Ct, July 6, 2026), the Michigan...
Custodial Compliance as “Official Duties” Speech: Providing Agency Surveillance Video to Investigators Falls Outside First Amendment Protection I. Introduction Holt v. Florissant Fire Protection...
NEPA Standing Requires a Concrete, Imminent Environmental Risk Tied to an Agency’s Own NEPA-Triggering Decision—Not Treasury Tax-Credit Regulations That Merely Fail to Mandate NEPA Review 1....
Rule 56(d) “Good Cause” Requires Diligent Discovery, and Mixed-Case Retaliation Fails Absent Proof of Pretext for Each Proffered Ground 1. Introduction Case: Hernandez v. Blanche, No. 24-1482 (1st...
Maywald v. Toyota: Arizona Reaffirms Two Independent Elements in Strict Products Liability and Narrows Risk/Benefit Analysis to the Challenged Design 1) Introduction Parties. Plaintiffs/Appellants...
Appeal Waivers Survive Sentencing “Right to Appeal” Advisements; Only an “Obvious, Egregious” Miscarriage of Justice Defeats Enforcement (Applying Hunter) 1. Introduction In United States v. Justin...
Third Circuit: A Suppression Hearing Requires a Concrete Factual Dispute, and Sentencing Error Requires “Actual Reliance” on Unreliable Allegations Introduction In United States v. Clarence Gaffney...
Natural Gas Act Field-Preempts State Consumer-Protection Claims That Directly Target Interstate Wholesale Gas Sales (Winter Storm Uri) 1. Introduction Rice v. Southwest Energy (captioned within the...
Natural Gas Act Field Preemption Bars State Consumer-Protection Suits Directly Targeting Interstate Wholesale Gas Sales Case: Giroux v. BP Canada Energy Marketing Corp. (consolidated as In re: Winter...
Natural Gas Act Field Preemption Bars State Consumer-Protection Claims Targeting Interstate Wholesale Gas Sales 1. Introduction Case: Mehl v. BP Energy Company (consolidated as In re: Winter Storm...
Natural Gas Act Field-Preempts State Consumer-Protection Claims That Directly Target Interstate Wholesale Gas Sales (Even If Framed as Retail Harm) 1. Introduction Case: Mehl v. BP Energy Company...
Unincorporated Associations Are “Persons” Suable Under VRA § 11(b) and 42 U.S.C. § 1985(3) in the Tenth Circuit 1. Introduction Case: Colorado Montana Wyoming State Area Conference v. Smith Court:...
Rule 60(b) as the Required Vehicle to Litigate Notice Defects After Conditional Default; Bonded Remand Authorized Under Appellate Rule 2 Case: Reagan Marine Construction, LLC v. Victor Costa et al....
Probate Jurisdiction Over Express-Trust Fiduciary-Duty Counterclaims Despite Foreign Choice-of-Law (and Preservation of Fee-Remedy Challenges) 1. Introduction Moffat v. Srebro, 2026 N.H. 25 (N.H....
Unconsulted Partial Guilt Concessions Violate Sixth Amendment Autonomy and Require Full Reversal When Charges Are Interconnected I. Introduction In People of Michigan v. Richard Edward Klungle (Mich...
Nakagaki v. Aspen Valley Hospital: Leave to Amend Properly Denied When No Proposed Amended Complaint Is Filed and Appellate Review Fails Where Appellant Does Not Attack the Rule 8 Basis for Dismissal...
Bankruptcy Appeals May Be Dismissed for Failure to File a Rule-Compliant Appendix; Ehrenhaus Factors Not Required Absent Sanctionable Misconduct I. Introduction In Biondolillo v. Burke (10th Cir....
Johnson v. Regional Supplemental Services: On a Rule 12(b)(6) Motion, Courts May Not Replace the Complaint’s Alleged FMCSA “Refusal-to-Test” Basis with a Defendant’s New Theory 1) Introduction In...
FOIL Compliance by Pointing to Public Online Records; No Fees Without Litigation-Caused Disclosure; Declaratory Relief Barred/Unripe 1. Introduction In Matter of Aron Law, PLLC v Town of Hempstead...
Extracurricular Costs Are Not Child-Support “Add-Ons” Absent an Articulated Deviation; Insurance Proceeds from a Totaled Marital Vehicle Must Be Equitably Distributed 1. Introduction Sawas v...