Hawaiʻi’s Mandatory Pretrial Evidentiary Voluntariness Hearing Rule for Inculpatory Statements (and the New-Trial Remedy), with State v. Goers Partially Overruled I. Introduction In State v....
Direct-Action Bar Reaffirmed: No Suit Against Auto Liability Insurer Without § 27-7-2 Exception; Bad-Faith Claims Require Contractual Entitlement Case: Bryan Edward Menge v. GEICO General Insurance...
Conditional Dismissals After Diversionary Programs Are Not “Favorable Terminations” for § 1983 Malicious Prosecution When the Dismissal Reflects a Compromise 1. Introduction Chapdelaine v. Desjardin...
Temporal Association Is Not Causation: Proving a Second Compensable Injury from a Medication Dosage Increase 1. Introduction In Sam Mcdonald v. State of Wyoming, Ex Rel. Department of Workforce...
In re Miller: “Knowing” KRPC 1.6 Disclosure Established by Deliberate Name-Mention, While KRPC 1.7 and 8.4(c) Fail Absent Clear-and-Convincing Proof Under Deferential Review 1. Introduction In re...
Colorado’s “Major Purpose” Test for Issue Committees: Holistic, Factor-Based Review with Aggregation Across Ballot Measures Case: Unite for Colo. v. Colo. Dep't of State, 2026 CO 56, 24SC281 (Colo....
Prior Attempt to Kill the Same Intended Target Is Admissible to Prove Intent, Motive, and Identity (and Co‑Conspirator Testimony Remains a Credibility Question for the Jury) Introduction State v....
Unambiguous “Southern District Only” Plea Clauses Limit Non‑Prosecution Promises to the Drafting U.S. Attorney’s Office Introduction In United States v. Babajide Adefusi (7th Cir. July 2, 2026), the...
Section 2 Liability After Louisiana v. Callais Requires a Strong Inference of Intentional Discrimination: Missouri Plan Challenge Rejected Case: City of Hammond v. Lake County Board of Elections (7th...
Good Cause Governs Expert-Witness Substitution Under MCR 2.401(I)(2); Dean v Tucker Factors Not Mandatory I. Introduction Case: SMITH v BEAUMONT HEALTH (Estate of Jacqueline Harris v Beaumont...
Plausible Allegations of Property Ownership Satisfy Article III Standing in Conversion Suits; Merits Disputes Cannot Be Recast as Jurisdictional Defects Case: Diamond G Rodeos v. Gifford (10th Cir....
First Circuit: APA § 705 Stays and Preliminary Injunctions Require Concrete, Traceable Irreparable Harm to the Movant—Generalized Public-History Harms and Speculation Are Insufficient I. Introduction...
Religious-Expression Equal-Treatment Mandates in Public-Funded Private Schools Are Facially Nonneutral and Fail Strict Scrutiny Case: St. Dominic Academy v. Makin (1st Cir. July 2, 2026) 1....
Free Exercise Limits on “Religious Expression Parity” in Publicly Funded Private Schools: Crosspoint Church v. Makin Court: U.S. Court of Appeals for the First Circuit | Date: July 2, 2026 1....
PROMESA Stay Voidness for OAT Administrative-Fee Takings Claims; Standing Requires a Concrete Attempt to Obtain Court-Held Interest Case: Hernandez-Castrodad v. Steidel-Figueroa (No. 23-1872) |...
South Dakota’s “Form-at-Inception” Insurable-Interest Rule (and One-Year Trust Statute of Repose) in Alleged STOLI/Premium-Financed Life Insurance Case: Viva Capital Trust v. Garrett, 2026 S.D. 42...
Rule 45(b) Objections Forestall Subpoena Compliance; Bad-Faith Subpoena Misuse Supports Rule 41(b) Dismissal Case: Gibson v. Gibson, 2026 S.D. 43 (S.D. July 1, 2026) Court: Supreme Court of South...
Florida Requires Apportionment in All Joint Proposals for Settlement—even for a Unified Single Claim Trace Elements, Inc. v. Nadja Mackensen (Fla. July 2, 2026) (Muñiz, J.) 1) Introduction This...
Rhodes v. State (Fla. 2026): Decades-Late Jailhouse Recantations—Absent Credible Proof—Do Not Establish Brady/Giglio/Massiah Violations or Newly Discovered Evidence in Successive Death Postconviction...
Timely, Particularized “Good Cause” Is Required for Rule 35 Psychological Exams in Custody Cases; Suspicious Post-Filing Transfers to a Nonprofit May Be Valued in the Marital Estate Introduction In...