Failure to Provide the Hearing Transcript Defeats Appellate Review of Discovery Orders Absent an Adequate Record 1. Introduction In LandingPartners LLC v. Shiva, LLC, et al. (R.I. June 3, 2026), the...
Expert Testimony Required to Establish Real Estate Professionals’ Standard of Care for Tenant Screening (No “Common Knowledge” Internet-Search Duty) Case: David Hurd, Trustee of the Amended and...
DeOliveira v. Trecaso: Low-Threshold Authentication for Unedited Google Earth Images and No “Empty Chair” Inference from “No Experts” Argument Absent an Available Missing Witness 1. Introduction In...
Muchiri v. Blanche: The First Circuit Requires the BIA to Clearly Address Material, Arguably Raised Future-Persecution Theories (Including Imputed Membership by Family or Ethnicity) I. Introduction...
Muchiri v. Blanche: The BIA Must Clearly Address Properly Raised Future-Persecution Theories (or Explicitly Find Waiver) Before Denying Relief 1. Introduction In Muchiri v. Blanche (1st Cir. June 3,...
PASCP Inc. v. Commissioner of Revenue: Indirect Audit Underreporting Triggers 6½-Year Assessment Period and Failure to Keep Records Supports Negligence Penalty 1. Introduction In PASCP Inc., Relator,...
Emergency Responses Are Presumptively “Nonroutine” Under Minn. Stat. § 299A.41 and Kramer/Johnson Remain an Alternative Path to Line-of-Duty Benefits Case: In the Matter of a Public Safety Officer...
Title VII Promotion Claims: Pretext Requires Materially Comparable Comparators, and Internal Complaints Must Clearly Allege Sex Discrimination to Be Protected Activity 1. Introduction In Bowei Xi v....
Drug-Premises Enhancement in a Residence: “Primary Use” Shown by Tools of the Trade, Drug Quantity, and Context; Minor Sentencing Misstatements Harmless Absent Reliance Case: United States v. Maurice...
Broad Settlement Release and Covenant Not to Sue Bar Later FHA/§ 1983 Claims; Florida School-Choice Statute Creates No Federal Property Interest 1. Introduction In Blake Warner v. School Board of...
“Exceptional Circumstances” for Ex Parte Juvenile Removal Under OCGA § 15-11-132 Means “Uncommon or Unusual,” Not Necessarily “Imminent Danger” 1. Introduction In IN THE INTEREST OF D. B. et al.,...
Termination of Guardianship Without Less Restrictive Alternatives When No Reasonable Likelihood of Correction Exists 1. Introduction Case: In re J.G. and M.A. (Supreme Court of Appeals of West...
Mutual Conduct Can Waive Written Change-Order Clauses (Even with “No-Waiver-Except-Writing” Language) and Permit Equitable Recovery for Extra-Contract Work 1. Introduction RJH Builders, LLC v. Robert...
ADA Pleading Rule for Court-Record Access: Denial Based on Nonpublic Status Is Not Disability Discrimination or Retaliation Without Plausible Disability-Based Causation Introduction In Lawson v....
Anonymous Safe2Tell Tips Can Justify a School Backpack Search When Independently Corroborated Under T.L.O.’s Reasonable-Suspicion Standard Introduction In People ex rel. T.J.W., 2026 CO 38, the...
UM Insurers Must Specifically and Promptly Plead Legitimate Defenses; C.R.C.P. 9(b) Applies Only to Fraud or Mistake Case: Progressive Direct Ins. Co. v. Ortiz, 2026 CO 40, 24SC440 (Colo. Jun 01,...
Termination Rights Are Bankruptcy Estate Property: § 203 Copyright Termination Interests Pass Into Chapter 7 Under § 541 and Remain with the Estate if Unscheduled I. Introduction Lil' Joe Records,...
Allen v. Milligan (2026): Callais “Just as Well” Alternative-Map Requirement and Party-Controlled Racial-Bloc Proof Drive Emergency Stays 1) Introduction Allen v. Milligan (per curiam) arises from...
Enforcing Appeal Waivers and Rule 11’s “Low Bar” Factual-Basis Standard After a Plea-Withdrawal Breach I. Introduction In United States v. Justin Deshun Stiger (6th Cir. June 2, 2026), the Sixth...
Chavez v. Blanche: Forfeiture of Defective-NTA Objections After Close of Pleadings and Evidentiary Requirements for U-Visa-Based Administrative Closure 1. Introduction In Chavez v. Blanche (5th Cir....