Consent Judgments as Contractual Authority to Award “Expenses” Beyond § 1920 in EPA Fee Litigation Introduction In Gloria Holladay v. Gestamp Alabama, LLC (11th Cir. June 10, 2026) (per curiam) (not...
Claims Adjusters Owe No Duty to Provide Legal Advice on Florida Bad-Faith Exposure; Insurer’s Own Settlement-Check Decision Breaks Causation Case: Goauto Insurance Company v. 2B Claims Services Inc....
Sentencing Upheld Where Court Disclaims Reliance on Acquitted Death-Resulting Conduct and Cooperator Co-Defendant Is Not a § 3553(a)(6) Comparator Case: United States v. Corey Gaddy (11th Cir. June...
Eleventh Circuit Clarifies Rule 12(b)(6) Pleading Sufficiency for Fordice Higher-Education Desegregation Claims Case: Britney Denton v. Board of Governors for the State University System Court:...
UCCJEA Temporary Emergency Jurisdiction Is Not Subject-Matter Jurisdiction (Preservation Required) and Endangerment Requires Child-Linked Proof Case: In the Interest of K.N., K.L., K.L., and K.L.,...
Certified Conflict Framed: Whether Burnt-Marijuana Odor Alone Creates Probable Cause to Search a Vehicle Under the Automobile Exception Introduction The Supreme Court of Ohio’s June 9, 2026 “Case...
Hyde v. Oxarango (Idaho 2026): Strict Standing and Particularized Demand-Futility Pleading for Limited Partnership Derivative Claims, and No Direct-Action Expulsion Without a Distinct Partner Injury...
Open Meetings Law Challenges Are Governed by CPLR 217(1)’s Four-Month Limitations Period Absent Proof of an Executive Session Triggering Public Officers Law § 107(3) 1. Introduction McRory v...
Disbarment Warranted for Immigration-Fraud “Serious Crime” Where Attorney Knowingly Coaches False Asylum Claims Introduction Matter of Greenberg, 2026 NY Slip Op 03672 (App. Div. 2d Dep’t June 10,...
Belated Rosario Disclosure of Prosecution-Held Therapy Notes Requires New Trial When Prejudice Is Not Cured by Preclusion 1. Introduction In People v Ibrahim (2026 NY Slip Op 03687 [App Div, 2d Dept...
Public Service Commission Rate-Fixing Under ECL 15-1521 Is Limited to New/Increased Withdrawals; NYC Water Board Sets Rates for Existing Agreements Subject to DEC Review 1. Introduction Matter of...
Seminary “Human Formation” Assessments Are Nonjusticiable Under the First Amendment (and Foreign Seminary Contacts Do Not Create New York Long-Arm Jurisdiction) Case: Gorgia v Dolan, 2026 NY Slip Op...
CERCLA § 9658 Preempts CPLR 214-c Accrual Even Without CERCLA Liability in New York Toxic-Tort Suits I. Introduction Klaus v. Town of Brookhaven (2026 NY Slip Op 03669 [2d Dept June 10, 2026]) arises...
Boyden v. Salmonsen: Prima Facie Habeas Pleading Requirements and Pre‑Filing Limits for Repetitive Sentence‑Credit Challenges 1. Introduction In Boyden v. Salmonsen (Mont. Sup. Ct. OP 26-0345, filed...
When Legal Malpractice Is Not a “Lost Appeal” Case: Pre‑Appeal Negligence Allegations Defeat Richards Summary Judgment and Are Properly Clarified Through Discovery 1. Introduction In Bellamah v....
Multiclaim Attorney General Actions Must Follow Tort Venue Rules; “Original Injury” Lies Where the Plaintiff First Suffers Deprivation Case: Department of Health and Human Services v NRK RX, Inc...
Mandamus Requires a Clear Statutory Duty: No Compelled Consideration of Voter Affidavits in Nominating-Petition Signature Review Under MCL 168.552 1. Introduction Ariel Drissman v Michigan Department...
Dissenting Rule: Legal-Sufficiency Review Must Defer to the Jury in Termination Best-Interest Findings When a Parent Knowingly Re-Exposes Children to Domestic Violence and Ongoing Drug Use Case: In...
Foster Parents Cannot Obtain Title 41 Dismissal/Custody as “Noncustodial Parents,” and Title 40 Parenting Plans Cannot Create Nonparent Parental Interests While a Title 41 Case Is Pending 1....
Attorney General Discretion to Rewrite Initiative Ballot Statements, Limited by the “True and Impartial” Rule and Judicial Excisions of Argumentative Framing Case: Transparent Election Initiative v....