Conclusory Tolling Allegations Cannot Defeat Rule 91a Limitations Dismissal on the Pleadings Case: AMBER CARDEN AND WILLIAM DUNCAN MCGEE v. MINTON, BASSETT, FLORES & CARSEY, P.C.; AND JOHN C. CARSEY,...
Texas “Red Flag” Reliance Rule: A Sophisticated Party’s Suspicion Triggers a Duty to Investigate (At Least by Asking) 1. Introduction In Maya Walnut LLC f/k/a Maya Foods, Inc. v. Bryan Ly, Walnut...
Peeler Is Not a Categorical Shield: Unexonerated Defendants and Third-Party Payors May Pursue Independent Fee-and-Accounting Claims I. Introduction In Amber Carden and William Duncan McGee v. Minton,...
Injunctions Are Remedies, Not Claims: Limitations Bars Nuisance-Abatement Injunctions When the Underlying Cause of Action Is Time-Barred (and Express Finality Must Be Expressly Undone) I....
Texas Medical-Liability Limitations: For Relationship-Based Counseling, § 74.251(a) Runs from the End of the Counselor–Patient Relationship Introduction In Soren Aldaco v. Barbara Rose Wood and Three...
People v. Shaw: People v Gonzalez Governs Third-Party Consent Voluntariness After a Payton Arrest; People v Borges Attenuation Can Purge the Taint 1. Introduction In People v Shaw (2026 NY Slip Op...
Noncommittal Lease-Negotiation Assurances Are Immaterial as a Matter of Law to “Bet-the-Farm” Reliance Introduction MAYA WALNUT LLC f/k/a MAYA FOODS, INC. v. BRYAN LY, WALNUT CREEK CENTER, INC., LENG...
Exclusive § 971.14 Commitments Cannot Use § 51.61(1)(g)3 to Support Court-Ordered Dangerousness Medication Case: State v. N.K.B., 2026 WI 22 (Wis. June 26, 2026) (Dallet, J.) Court: Supreme Court of...
New Wisconsin Rule: A § 971.14-Only Competency Commitment Cannot Support a Court-Ordered Involuntary Medication Order Based on “Dangerousness” Under § 51.61(1)(g)3. Case: State v. N.K.B., 2026 WI 22...
COA Denial in § 2254: Oklahoma Rule 4.2(B) Waiver Bars Unpreserved Plea Claims, and AEDPA “Double Deference” Forecloses Debatable Ineffectiveness/Competency and McGirt Relief 1) Introduction Case:...
STC Codes in Bills of Lading Can Evidence a Carmack Liability Limitation When Confirmed by Course of Dealing and Published Rates 1. Introduction In Certain Underwriters at Lloyd's v. CSX...
Immediate-Donation Panhandling Bans Are Content-Based; Standing Must Be Proven Provision-by-Provision; Injunctions Must Be Party-Specific After Trump v. CASA, Inc. 1. Introduction In Dennis Scott v....
Bell-Only Review for Prison Strip Searches: Turner Inapplicable and Qualified Immunity Applies Absent Clearly Established Law I. Introduction Marcus Ingram v. Israel Hamilton (4th Cir. June 24, 2026)...
APA Limitations Accrual for Pre-Enforcement Facial Challenges: Injury Occurs at Rule Promulgation, Not Later Enforcement Signals I. Introduction In Henry McMaster v. United States Department of Labor...
Plausibility Is Defeated When the Complaint Supplies a Non-Discriminatory Termination Rationale; § 1981 Requires But-For Causation at the Pleading Stage 1. Introduction In Munther Qader v. Federal...
Unverified Pleadings, Non-Comparable Comparators, and Perfunctory Appellate Briefing Cannot Defeat Summary Judgment in Title VII/MFEPA/§§1981–83 Employment Cases Case: Mitchell Waters v. The Mayor...
ERISA § 514(a) Preempts Provider Defamation Claims Based on EOB Statements Explaining Benefit Denials Introduction In Jeffrey Ahn v. Cigna Health and Life Insurance Company, the United States Court...
United States v. Darby: Vicinage-Clause Jury-District Objections Are Waivable Absent a Timely Voir Dire Objection 1. Introduction In United States v. David Darby (3d Cir. June 24, 2026) (not...
Extending Burlington Northern: The Third Circuit Adopts Title VII’s “Materially Adverse” Standard for ADA and FMLA Retaliation Case: Jeffrey Steidle v. United States Liability Insurance Co., Inc....
Judicial Review Is Available for Antiquities Act Monument Proclamations When Plaintiffs Allege the President Exceeded Discernible Statutory Limits 1. Introduction Case: Garfield County, Utah v. Trump...