Generic Risk Disclosures and Item 303 Omissions: No Securities-Fraud Liability Without a Misleading Statement Introduction In Smith v. The Gap, Inc. (2d Cir. May 28, 2026), investors brought a...
New York Design-Defect Causation: Juries May Infer Proximate Cause Without a Causation Expert When Product Characteristics and Accident Testimony Permit Common-Sense Evaluation 1. Introduction...
Risk Without Injury Is Not a Clearly Established §1983 Damages Claim (and Prisoner-Cooperators Generally Must Litigate Under Their Real Names) 1. Introduction In David Watts v. Kevin Jones (7th Cir....
Mere Trespass onto Curtilage, Without a Clearly Established “Search,” Does Not Overcome Qualified Immunity 1. Introduction In Curtis L. Oats, Sr. v. McHenry County, Illinois and Jason Enos (7th Cir....
SEC May Approve IEX Options’ Anti–Latency-Arbitrage Model Without CAT Modeling; ORP Quotes Are “Protected” Under the Options Plan Case: Citadel Securities LLC v. U.S. Securities and Exchange...
Named Windstorm Deductible Requires “Locations Damaged”: Minimum Deductible Applies When Prevention Avoids Damage Case: Florida East Coast Holdings Corporation v. Lexington Insurance Company Court:...
Recantation-Based New Trial Denied Absent Probable Different Result; Giglio Relief Requires Material Impeachment Evidence in the Record 1. Introduction In MATTHEWS (JEMAR) v. STATE (CRIMINAL) (Nev....
Post-Award Interest Runs from the Arbitration Award Date, and “Colorable” Contract Interpretations Are Shielded from Common-Law Vacatur 1. Introduction Casal Inst. of Nevada, LLC v. Estate of Petrie...
Exhibits Can Defeat a § 1983 Pleading and “Similarly Situated” Comparators Must Match Consent-Based Recording Rules in a Limited Public Forum I. Introduction In Andrew Sheets v. Kelvin Jimenez (11th...
Mootness After Rescission: Vaccine-Mandate Challenges Are Non-Justiciable When the Complaint Targets Only the Mandate, Not a Continuing Accommodation Policy Introduction In Air Force Officer v. Lloyd...
Method-of-Execution Claims Must Be Timely and Plead a Feasible Alternative; 32‑Day Death Warrants Do Not Deny Due Process I. Introduction In Andrew Richard Lukehart v. State of Florida (Fla. May 27,...
Implied Actual Authority to Accept Bankruptcy Adversary Service Through a Proof-of-Claim Collection Subagent Introduction Ryniker v. Sumec Textile Co. (2d Cir. May 27, 2026) addresses a recurring...
Qualified Immunity for Officials Who Complain to a Speaker’s Employer Absent Closely Analogous “Threat/Coercion” Precedent Case: Kathleen Hayes v. Board of Education of the City of Chicago, No....
Broad Anti-Stacking Language Bars Multi-Vehicle Stacking and Carries Through Follow-Form Umbrella UM/UIM Coverage Introduction In Ronald Saslow and Ellen Saslow v. Bankers Standard Insurance (U.S....
Heck Bars Post-Sentence Declaratory/Injunctive Attacks on an Uninvalidated Conviction and Speculative Collateral-Consequences Allegations Fail Article III Standing I. Introduction In Michael Townes...
Extending Eagle Pipe’s Subsequent Purchaser Rule to Mineral Leases, While Preserving Limited Lease-Termination Remedies Under the Prudent-Operator Duty 1. Introduction In Vinton Harbor & Terminal...
Wisconsin Revokes Law License for Sexual Misconduct Based on Underlying Conduct (Not Charge Level) and Exploitation of Power Imbalance 1. Introduction Case: Office of Lawyer Regulation v. Jerome J....
Apportionment-Panel Appeals Under Wis. Stat. § 751.035(3): The Supreme Court May Proceed Without Deciding Whether Review Is as of Right and Will Apply Ordinary Appellate Rules Absent Special Order...
Wisconsin: Revocation Is Warranted for Forcible Sexual Misconduct Exploiting a Lawyer’s Status—Discipline Turns on Conduct, Not Charge Level 1. Introduction Case: Office of Lawyer Regulation v....
ICWA “Active Efforts” Require Proactive Referrals and Support—Not Just a Case Plan, UA Referrals, and Unsuccessful Outreach 1. Introduction In Jace B. (Father) v. State of Alaska, DFCS, OCS (Alaska...