Post-Mandate Finality in Kansas Capital Cases: Mandate Rule Bars Resentencing and Post-Mandate Unassigned-Error Review; Alternative Counts Merge into One Sentence I. Introduction State v. J. Carr...
Post-Mandate Finality in Capital Appeals—No Resentencing or New “Unassigned Error” Review; Alternative Counts Merge to One Sentence 1. Introduction State v. R. Carr (consolidated with State v....
Nonlawyer Business Owners Cannot Litigate Entity Claims Pro Se; Whistleblower/False Claims Theories Require Proper Status, Government Nexus, and Timely Pleading Introduction In McCaul v. Wells Fargo...
Particularized Suspicion to Expand a Traffic Stop into DUI Testing; Waiver of Unpreserved Independent Blood Test Claims Introduction In State v. L. Johnson (2026 MT 138N), the Montana Supreme Court...
Unauthorized Partner Consent Cannot Create Personal Jurisdiction Over an Out-of-State Partnership (Rule 60(b)(4) Vacatur of Domesticated Foreign Judgment) Case: In the Matter of the Estate of Ann...
Rule 12 Forfeiture Bars Post‑Trial “Prolonged Stop” Suppression Theories; Certified Dog Alerts Supply Probable Cause Despite No Drugs Found Case: United States v. Deangelo Banks Court: U.S. Court of...
Garner Clearly Establishes Deadly-Force Limits for Taser Use on Vulnerable Terrain; Qualified Immunity Not Forfeited When Raised at Trial I. Introduction Keith Edwards v. Officer J. Grubbs (11th Cir....
Qualified Immunity May Be Asserted at Trial When Pleaded; Garner Clearly Establishes Deadly-Force Limits for Taser Deployment on Dangerous Terrain I. Introduction In Keith Edwards v. Officer J....
Mitigation Bars Expanded Construction-Defect Damages When No-Cost Cure Is Refused; Correctability Does Not Excuse Defective Work Introduction Lorenz v. Williams (Mont. Sup. Ct. June 30, 2026, 2026 MT...
Relocation Parenting-Plan Orders Do Not Infringe the Right to Travel When They Only Determine the Child’s Residence Based on Best Interests Case: Parenting of A.L.W., 2026 MT 139N (Mont. June 30,...
Relocation Orders and the Right to Travel: Child May Remain in Montana Where Best Interests and Statutory Relocation Factors Support Primary Residence with the Nonmoving Parent 1. Introduction In re...
Mandatory DUI Minimum Fines After Cole: Imposition Required, Ability-to-Pay Findings Required, and Suspension Permitted 1. Introduction State v. T. Hagberg (2026 MT 135) is a Montana Supreme Court...
Compassionate Release Under U.S.S.G. § 1B1.13(b)(6) Requires 10 Years Served; Dropped State Charges Do Not Qualify as “Other Reasons” Under § 1B1.13(b)(5) I. Introduction In United States v. Phillip...
Oral Pronouncement Controls Over a More Restrictive Written Supervised-Release Internet Ban Introduction In United States v. Robert Purbeck (11th Cir. June 30, 2026) (unpublished), the Eleventh...
Good-Faith Reliance Saves Broad Provider Email Warrants; Government Review Permitted When Coextensive with a Provider’s CSAM Hash Search Case: United States v. Gregory Allen Williamson (11th Cir....
One Meaningful Chance to Amend: Shotgun Pleadings May Be Dismissed With Prejudice When Claims Remain Unidentifiable and Futile 1. Introduction In Isabel Del Pino Allen v. GEICO General Insurance...
Emergency-Room Care for Prisoners: Contractual Service Does Not Automatically Create § 1983 State Action, and EMTALA Requires Patient-Specific Proof of an Unstabilized Emergency Case: Victor Thomas...
Acosta v 22-12 Jackson Owner LLC: Expert Proof Can Establish Forklift Negligence as a Matter of Law, While Labor Law § 240(1) Liability Supports Conditional Contractual Indemnification 1)...
Trust Beneficiaries Lack Standing to Partition Undistributed Trust Real Property; No-Contest Clause Enforced Against Objections to Trustee Distribution Absent Probable Cause I. Introduction In...
36 O.S. § 3629(B) Prejudgment Interest Is Limited to the “Insured” and Unavailable to a Prevailing Insurer in an Inter-Insurer Coverage Dispute Case: GENERAL STAR INDEMNITY CO. v. HUDSON INSURANCE...