Qualified Immunity for Escalating Force During an Interrupted Frisk When the Suspect Flees and Actively Resists 1. Introduction In Fahirri Dannah v. City of Grand Rapids, Michigan, et al., the Sixth...
Ohio Voluntary-Payment Doctrine in Standard-Form Contracts: Certification on “Relevant Facts” and Conflicting Price Terms 1. Introduction Klopfenstein, et al. v. Fifth Third Bank arises from Fifth...
Certification on Ohio’s Voluntary-Payment Defense: “Relevant Facts” and Conflicting Price Terms in Adhesion Contracts Case: William Klopfenstein v. Fifth Third Bank (Nos. 24-3955/3974) Court: U.S....
De Novo Remand Permits First-Time MVRA Restitution Despite Prior Government Disavowal, but Restitution Amount Must Follow MVRA/Rule 32 Disclosure Procedures Introduction In United States v. Radu...
Michigan GPTA Tax-Foreclosure Title Vesting Can Be Avoided as a § 547 Preference When the County’s 5% Sales Commission Makes It “More Than” a Chapter 7 Recovery 1. Introduction In Carrie Reinhardt v....
Copyright Ownership Claims Accrue Only Upon Contextual “Plain and Express Repudiation,” Not Mere Royalty Nonpayment Where Parties Acted Under a Purported Contract Case: Estate of George Worrell, Jr....
Accutane Gatekeeping Applies to Differential Diagnosis in All Civil Cases: Trial Courts Must Rigorously Vet Both “Rule In” and “Rule Out” Causation Steps 1. Introduction In Alison Beavan v. Allergan...
Lost-Note Foreclosures: Summary Judgment Requires Competent, Nonconclusory Secondary Evidence of Debt Ownership Case: Wilmington Savings Fund Society, FSB v. Schulz (SC 21065) Court: Supreme Court of...
Retroactive Enforcement of Iowa Code § 147.140: A Certificate of Merit Must Be Signed Under Oath or Penalty of Perjury and Noncompliance Requires Dismissal With Prejudice 1. Introduction In Michelle...
Implicit Rejection Preserves Error in Workers’ Compensation Appeals; Employers Not Bound by Their Treating Physician’s Causation Opinion Case: Jerry Hayes v. Christian Retirement Homes, Inc., d/b/a...
Wyldes v. State: Postconviction “New Science” Challenges to Firearm Toolmark and Shoeprint Evidence Require Proof of a Probably Different Verdict 1. Introduction In Donald Lee Wyldes, Jr. v. State of...
No Improper Delegation of Juvenile Visitation Decisions Absent an Express Order; Denial of Abuse Supports Best-Interests Termination I. Introduction In re Interest of Bosileo D. et al., 321 Neb. 490...
Generalized Mental-Health Allegations Do Not Warrant a Postconviction Competency Hearing Absent Facts Showing Probable Incompetence Case: State v. Kellogg, 321 Neb. 502 (Neb. May 29, 2026) | Court:...
State v. Rohena: Independent-Source Admission of In-Court Identifications After a Suppressed Out-of-Court Identification (Especially Where the Witness Is Familiar with the Defendant) Supreme Court of...
Iowa Savings Statute Applies After Voluntary Dismissal Triggered by Post-Miller Certificate-of-Merit Defect Absent Negligence 1. Introduction Case: Michael Trask v. Amar F. Ahmed, M.D.; Sandro...
Habitual Offender Enhancement Under Iowa Code § 902.8 Depends on Two Prior Convictions—Hollins Sequencing Limited to Same‑Day Convictions 1. Introduction State of Iowa v. Richard Allen Sharples...
Iowa: Certificate of Merit Not Required for Informed-Consent Claims Under Iowa Code § 147.140 Case: Margaret Lofgren, both individually and as administrator of the Estate of Louden P. Lofgren v....
No Per Se Quantitative-Dose Requirement for General Causation in Fifth Circuit Toxic-Tort Cases—But Experts Must Link the Plaintiff’s Exposure to a Specific Causal Agent and the Specific Cancer Case:...
Express Reopening Conditions Govern Administrative Closures: Only a Transfer “Out Of” the Facility Triggers Reopening I. Introduction In Vreeland v. Jacobson (10th Cir. May 27, 2026), a Colorado...
Delegated Arbitrability Binds Courts: Arbitrator May Permit Litigation of Non-Signatory Tort Claims Absent an Arbitration Agreement Case: SJH 11 LLC v. Dowbuilt, Inc. (No. 25-8037) — United States...