Chapter 150 “Certificate of Merit” Can Be Cured by a Later Petition After Dismissal Without Prejudice Scope note: The provided text is Justice Sullivan’s dissent in Studio E. Architecture and...
Firestone Deference Extends to LMRA § 301 Trust-Agreement Interpretation; MPPAA § 1401 Bars Pre-Arbitration Withdrawal-Date Declaratory Claims Case: Penske Truck Leasing, LP v. Central States...
Statistics Alone Do Not Prove Unwarranted Disparity; Upward Variance Sustained When Guidelines Understate Egregious Assault Conduct Case: United States v. Terry Carrington (11th Cir. May 29, 2026)...
Colorado’s Bright-Line Parenting-Time Rule: Only Zero-Time or Qualitative Constraints “Restrict” Parenting Time Under § 14-10-129(1)(b)(I) Case: In re Marriage of Dale, 2026 CO 35 (Colo. May 26,...
Partial Traffic-Signal Outage as “Conflicting Directions” Waiving CGIA Immunity Case: Sandoval, Bernard v. City of Colorado Springs, 2026 CO 34 (Colo. May 26, 2026) | Court: Colorado Supreme Court |...
Parole Revocation Appeals in Colorado: Administrative Exhaustion Is a Jurisdictional Prerequisite to Crim. P. 35(c) Review 1. Introduction In People v. Abdul-Rahman, 2026 CO 33 (May 26, 2026), the...
Debt Buyers Must Attach Non-Affidavit Proof Identifying the Specific Debt; Affidavits Cannot Cure Missing Ownership Writings Under § 5-16-111(2)(b) 1. Introduction In Wright, Felicia v. Portfolio...
Prospective-Relief Standing Requires a Plaintiff-Specific, Imminent Harm—Agency Silence Does Not Create Article III Injury 1. Introduction In Courtemanche v. Noble, four Worcester County residents...
“Eligibility Is Not Enough”: Rule 9(b) Requires Indicia of Actual Government-Reimbursed Claims in Inducement FCA Pleading Case: USA, ex rel. Solano v. Barton Associates, Inc. (1st Cir. May 28, 2026)...
Buckley v. Blanche: The BIA Must Explain Lozada Noncompliance and Reopen Where Counsel’s Missed Brief Likely Mattered and the IJ Failed to Develop the Record I. Introduction In Buckley v. Blanche...
Hague Service Convention Exclusivity: Email Service on China-Based Defendants Is Prohibited Where the Convention Applies 1. Introduction Kangol LLC v. Hangzhou Chuanyue Silk Import & Export Co., Ltd....
Firestone Deference for Multiemployer Plan Trustees’ Contract Interpretation and Mandatory MPPAA Arbitration of Withdrawal-Date Disputes I. Introduction In Penske Truck Leasing, LP v. Central States...
Georgia Counties Are Not “Joint Employers” of Juvenile Court Staff When State Law Vests Employment Control in the Chief Judge Case: Rose Pope v. Fulton County Government (11th Cir. May 29, 2026) (per...
Telephone Threats and Speculative Surveillance Are Insufficient “Immediate Threats” for a Duress Defense to Illegal Reentry I. Introduction In United States v. Bustillos-Perea (10th Cir. May 29,...
Argueta Castillo v. Blanche: Deferential Review of “Exceptional and Extremely Unusual Hardship” (and No Requirement to Address Every Hardship Factor) After Wilkinson 1. Introduction Case: Argueta...
Buckley v. Blanche: The BIA Must Explain Lozada Noncompliance and Reopen Where Missed Brief Likely Obscured a Meritorious “Failure to Develop the Record” Claim I. Introduction Case: Buckley v....
United States v. Johnson (1st Cir. 2026): No Evidentiary Hearing Required to Exclude Cooperation/Plea Statements Absent a Requested Hearing and a Material Fact Dispute; Sentencing May Rely on...
Plain-Error Review Shields Within-Guidelines Prosecutorial Advocacy from “Wink-and-Nod” Plea-Breach Claims 1. Introduction In United States v. Garcia-Toro (1st Cir. May 29, 2026), the First Circuit...
Federal Diversity Courts Apply New York Anti-SLAPP’s Actual-Malice Standard; CPLR 302(a)(1) Does Not Reach Out-of-State Journalists Absent New York Newsgathering 1. Introduction The Satanic Temple,...
Divisibility of Vermont Domestic Assault (§ 1042) and Its Qualification as a “Misdemeanor Crime of Domestic Violence” Under 18 U.S.C. §§ 921(a)(33)(A) & 922(g)(9) United States v. Ross, No. 25-210-cr...