Puerto Rico Case Commentaries

Retirement of Long-Used Utility Plant May Be Recovered as a “Cost of Rendering Service” Under R.C. 4909.15(A)(4)

Date: Jun 8, 2026

Retirement of Long-Used Utility Plant May Be Recovered as a “Cost of Rendering Service” Under R.C. 4909.15(A)(4) 1. Introduction In In re Application of Duke Energy Ohio, Inc., Slip Opinion No....

Allocatur Denied for Inadequate Development of Pa.R.A.P. 1114(b) Criteria Despite Apparent Errors Below

Date: Jun 8, 2026

Allocatur Denied for Inadequate Development of Pa.R.A.P. 1114(b) Criteria Despite Apparent Errors Below Case: Wentz, M. v. Wentz, D. (Pa. Supreme Court, June 5, 2026) — Concurring Statement (Wecht,...

People v. Pulley: Juror-Pressure Affidavits Cannot Impeach a Verdict Without “Improper Influence,” and Long Preindictment Delay May Be Justified by Continuing Investigation

Date: Jun 8, 2026

People v. Pulley: Juror-Pressure Affidavits Cannot Impeach a Verdict Without “Improper Influence,” and Long Preindictment Delay May Be Justified by Continuing Investigation Court: Appellate Division,...

Attorney for the Child May File an Article 8 Family Offense Petition on a Child’s Behalf Against a Nonparent Family Member

Date: Jun 8, 2026

Attorney for the Child May File an Article 8 Family Offense Petition on a Child’s Behalf Against a Nonparent Family Member I. Introduction Matter of Lockhart v Monica (2026 NY Slip Op 03535 [4th Dept...

Undue Influence Claims Survive Summary Judgment Where Record Shows Triable Issues and Proponent Concedes Credibility Disputes — Matter of Estate of Mielty

Date: Jun 8, 2026

Undue Influence Claims Survive Summary Judgment Where Record Shows Triable Issues and Proponent Concedes Credibility Disputes — Matter of Estate of Mielty (Mielty) 1. Introduction Matter of Estate of...

Trial Courts May Stay Nonpayment Summary Process Actions Pending Fair Rent Commission Administrative Appeals

Date: Jun 8, 2026

Trial Courts May Stay Nonpayment Summary Process Actions Pending Fair Rent Commission Administrative Appeals 1. Introduction In TOV Realty, LLC v. Suarez (officially released June 9, 2026), the...

Iowa Tax Statutes Construed by Ordinary Meaning; Unattached Commercial Storage Tanks Are Nontaxable “Equipment” Under Iowa Code § 427A.1(1)(d)

Date: Jun 8, 2026

Iowa Tax Statutes Construed by Ordinary Meaning; Unattached Commercial Storage Tanks Are Nontaxable “Equipment” Under Iowa Code § 427A.1(1)(d) 1. Introduction In Chickasaw County Board of Review v....

“Related Series of Violations” Caps Iowa Code § 479B.21(1) Civil Penalties at $200,000 When Noncompliance Stems from a Single Permitting Failure

Date: Jun 8, 2026

“Related Series of Violations” Caps Iowa Code § 479B.21(1) Civil Penalties at $200,000 When Noncompliance Stems from a Single Permitting Failure I. Introduction In Enterprise Products Operating, LLC...

AEDPA “Fairminded Jurist” Deference Bars Habeas Relief for Omitted Eyewitness-Identification Instruction, Speculative Bias Cross-Examination Limits, and Immaterial Brady Non-Disclosure

Date: Jun 8, 2026

AEDPA “Fairminded Jurist” Deference Bars Habeas Relief for Omitted Eyewitness-Identification Instruction, Speculative Bias Cross-Examination Limits, and Immaterial Brady Non-Disclosure I....

Body-Camera Video May Control at the Pleading Stage, Supporting Qualified Immunity for Deadly Force Against an Armed, Fleeing Suspect Who Runs Toward Officers

Date: Jun 8, 2026

Body-Camera Video May Control at the Pleading Stage, Supporting Qualified Immunity for Deadly Force Against an Armed, Fleeing Suspect Who Runs Toward Officers I. Introduction In Jenkins v. Inocencio...

Martinez v. Hinojosa: Reasonable Mistaken-Identity Deadly Force in an Active-Shooter Scene Does Not Violate the Fourth Amendment; Bodycam Audio Is Not Conclusive of What an Officer Heard

Date: Jun 8, 2026

Reasonable Mistaken-Identity Deadly Force in an Active-Shooter Scene Does Not Violate the Fourth Amendment; Bodycam Audio Is Not Conclusive of What an Officer Heard Case: Martinez v. Hinojosa (No....

United States v. Goode: Forfeiture of Appeal-Waiver Enforcement After Merits Litigation; North Carolina Second-Degree Murder as an ACCA Violent Felony

Date: Jun 8, 2026

United States v. Goode: Forfeiture of Appeal-Waiver Enforcement After Merits Litigation; North Carolina Second-Degree Murder as an ACCA Violent Felony Introduction In United States v. Aaron Albert...

Conveyance of the Servient Parcel Terminates Prior Permission: Foley Reaffirmed and Distinguished from Hilley/Barrow in Adverse-Possession Hostility

Date: Jun 8, 2026

Conveyance of the Servient Parcel Terminates Prior Permission: Foley Reaffirmed and Distinguished from Hilley/Barrow in Adverse-Possession Hostility 1. Introduction Raymond Desrochers et al. v. Luigi...

All Tenants in Common Must Sign to Count Acreage Toward a K.S.A. 12-757(f)(1) Zoning Protest Petition

Date: Jun 8, 2026

All Tenants in Common Must Sign to Count Acreage Toward a K.S.A. 12-757(f)(1) Zoning Protest Petition 1. Introduction Prairiewood Holdings, LLC v. Board of Riley County Commissioners (Kan. June 5,...

§ 1983 Accrual in Non-Hiring Cases: Limitations Run When Plaintiff Knows of Nonselection and Has Reason to Suspect Causation—Not When Motive Is Confirmed

Date: Jun 8, 2026

§ 1983 Accrual in Non-Hiring Cases: Limitations Run When Plaintiff Knows of Nonselection and Has Reason to Suspect Causation—Not When Motive Is Confirmed Introduction In Hadnot v. Lufkin Independent...

Rule 37(c)(1) Mandatory Exclusion for Undisclosed Damages: A Rebuttal Expert Report Cannot Backfill Rule 26(a) Computations

Date: Jun 8, 2026

Rule 37(c)(1) Mandatory Exclusion for Undisclosed Damages: A Rebuttal Expert Report Cannot Backfill Rule 26(a) Computations 1. Introduction In Deque Systems Inc. v. Browserstack, Inc. (4th Cir. June...

Rule 9(b) Demands “How” FCA Claims Are False: wRVU Productivity Pay and Provider-Based Subsidies Don’t Plead Stark/AKS Violations Without Referral-Linked Remuneration

Date: Jun 8, 2026

Rule 9(b) Demands “How” FCA Claims Are False: wRVU Productivity Pay and Provider-Based Subsidies Don’t Plead Stark/AKS Violations Without Referral-Linked Remuneration I. Introduction In United States...

Federal Courts’ Duty and Power to Order Systemwide Institutional Reform Injunctions for Foster-Care Rights Violations

Date: Jun 8, 2026

Federal Courts’ Duty and Power to Order Systemwide Institutional Reform Injunctions for Foster-Care Rights Violations Case: Jonathan R. v. Patrick Morrisey (consolidated Nos. 25-1232 & 25-1239), U.S....

Spoliation Sanctions Must Be Resolved Before Summary Judgment When Lost Evidence Is Central to the Merits

Date: Jun 8, 2026

Spoliation Sanctions Must Be Resolved Before Summary Judgment When Lost Evidence Is Central to the Merits 1. Introduction In Emmanuel Shaw v. T. Foreman (4th Cir. June 4, 2026), the Fourth Circuit...

Rule 35(a) Is Not a Backdoor Sentence Reduction: Prohibition Will Issue to Reinstate a Lawful Sentence

Date: Jun 8, 2026

Rule 35(a) Is Not a Backdoor Sentence Reduction: Prohibition Will Issue to Reinstate a Lawful Sentence Case: State of West Virginia ex rel. State of West Virginia v. The Honorable Joseph Barki, Judge...