Relation-Back Allows Adding an Omitted Titled Owner in Foreclosure When United in Interest and on Notice Introduction In BAC Home Loan Servicing, LP v MacPherson (2026 NY Slip Op 03285), the...
Fraud/Duress Allegations Can Defeat a Release at the Pleading Stage in Confession-of-Judgment/MCA Litigation Case: Dual Diagnosis Treatment Ctr., Inc. v. Yellowstone Capital W., LLC, 2026 NY Slip Op...
Rent-Overcharge Class Actions: “Colorable Indicia of Fraud” Defeats Four-Year Time Bar and Supports Commonality, with Class Period Limited to Four Years Pre-Filing 1. Introduction In Abdelrazek v...
State v. Rademacher (2026 ND 107): Presumptive Probation Requires Record-Based, Statute-Textual Aggravator Findings—Driving Alone Is Not “Trust/Responsibility,” and “Age and Vulnerability” Is...
Unverified AI-Generated Citations as “Knowing” False Statements Under ORPC 3.3 (Reciprocal Discipline Under RGDP 7.7) I. Introduction STATE OF OKLAHOMA ex rel. OBA v. REEVES, 2026 OK 37, is an...
Second Circuit Requires Enhanced Anders Scrutiny When Electronic-Device Search Conditions Present Potentially Non-Frivolous Appellate Issues Introduction In United States v. Samuels (2d Cir. May 26,...
ERISA Actuarial Equivalence Requires Reasonable Assumptions; QPSA Charges Must Reasonably Reflect Increased Cost I. Introduction In William Drummond v. Southern Company Services, Inc., the Eleventh...
Forum-Selection Clause “Applicability” Is Governed by the Contract’s Substantive Law; “Enforceability” Remains Federal I. Introduction Declan Flight, Inc. v. Textron eAviation, Inc. (11th Cir. May...
United States v. Harris (10th Cir. 2026): “Record Reveals a Basis” Forecloses Plain-Error Relief from a Mental-Health Treatment Condition I. Introduction In United States v. Harris (10th Cir. May 26,...
May 26, 2026 Ohio Supreme Court Case Announcements: Sua Sponte Dismissals, Alternative-Writ Practice, and Jurisdictional Gatekeeping 1. Introduction The Supreme Court of Ohio’s May 26, 2026 “Case...
Mid-Conspiracy Relationship Evidence Is “Intrinsic,” Not Rule 404(b) Other-Acts Evidence Introduction In United States v. Ricardo Davalos Martinez (6th Cir. May 26, 2026) (unpublished), the Sixth...
State v. Nirav Patel: Evidence in the Defendant’s Possession Is Not “Newly Discovered” Absent a Reasonably Diligent Pretrial Search (and Courts Must Be Alert to Post‑Verdict Fraud-on-the-Court Risks)...
Deference to Prison Medical Judgment and the “No Personal Involvement, No § 1983 Liability” Rule in Treatment-and-Retaliation Claims I. Introduction Case: Andrew Obregon v. Jamie Barker and Radu...
Margolin v. NAIJ (2026): Party Presentation Limits Appellate Courts from Sua Sponte Reopening CSRA Channeling Based on MSPB “Functioning” Concerns Introduction Margolin v. National Association of...
Rehabilitation in § 3582(c)(2) Resentencing: A Misplaced “Rehabilitation Alone” Quote Is Not Reversible Error When the Court Actually Weighs Rehabilitation and Misconduct Under § 3553(a) Case: United...
Flood-Resulting Sewer Backups Fall Within Flood Exclusions Despite Sewer-Backup Extensions (and Metadata Can Defeat “Self-Serving” Causation Proof at Summary Judgment) Case: Express Jewelry Enters....
Standing to Enjoin State Constitutional Provisions Requires Defendant-Specific Enforcement Authority, Not General Executive Duty Case: Right to Life of Mich. v. Gretchen Whitmer (6th Cir. May 26,...
Misdesignation of Owner’s Capacity in a Notice to Quit Is a Circumstantial Defect Excused by § 52-123 Absent Prejudice I. Introduction Freccia v. Freccia (Conn. May 26, 2026) is a summary process...
Oral Competency Findings Incorporating Forensic Reports—and Harmless Rule 11 Variances—Do Not Invalidate Guilty Pleas Absent Prejudice Introduction In State of West Virginia v. Mathew M. (W. Va. May...
ADA Part‑Time Accommodation Requires Ability to Perform Essential Functions; No “Adverse Action” by Host County Where Staffing Firm Offers Alternative Placement I. Introduction In Hayes v. Shawnee...