FAA Preempts Iowa’s Arbitration-Specific “Prejudice” Waiver Test: Waiver of Arbitration Governed by Ordinary Contract Principles Introduction Leroy Eldon Cole v. Southeast Iowa Orthopaedics and...
COVID-Era Telework Does Not Redefine “Essential Functions”: Contractor Telework Denials and ADA Prima Facie Failures Case: Hayes v. GStek, Incorporated (5th Cir. May 8, 2026) | Court: United States...
FOIA Exemption 4 Limits and FOIA Fee Eligibility When an Agency Releases Records After a Third Party Relents I. Introduction In Energy & Policy Inst. v. Tenn. Valley Auth. (6th Cir. May 8, 2026), the...
FOIA Fee Eligibility After Mid‑Litigation Releases: A Release Can Be “Voluntary” Even When Prompted by a Submitter, and Exemptions 4 & 6 Require Harm- and Segregability‑Sensitive Withholding...
Specificity Required to Challenge Bulk Text Evidence; Victim/Anonymous Messages May Qualify as Coconspirator Statements Introduction In United States v. Darrick Denard Bell (6th Cir. May 7, 2026),...
Sole Legal Custody Does Not Permit a Custodial Parent to Veto the Other Parent’s Religious Activities During Parenting Time Absent an Immediate and Substantial Threat of Harm I. Introduction Munsell...
Mandatory Supplementation of County-Court Appellate Transcripts to Expose Jurisdictional Voidness; Lease-Based Equitable Interests Divest Forcible Entry and Detainer Jurisdiction Case: Martens v....
Iowa Rejects a Judicially Created Prison-Mailbox Rule for Postconviction Relief: “Filed” Means Received by the Clerk (or EDMS) Case: Norman Wayne Davis IV v. State of Iowa (Iowa Supreme Court, May 8,...
Mandatory Post-Termination Guardianship Transfer to HHS Under Iowa Code § 232.117(3)(a) Absent Waiver; Foster Parents Not “Fictive Kin” Without a Pre-Removal Relationship Case: In the Interest of...
FTCA Customs-Duty Exception Bars Border-Checkpoint Intentional Torts Despite Law-Enforcement Proviso; Sua Sponte Bivens Dismissal Without Prejudice Permitted I. Introduction Allyn-Feuer v. Doe (5th...
Sanders v. TC Transcontinental Tulsa: Enforcing Local Rule 56-1 and Requiring Evidence of Pretext to Defeat Summary Judgment Under McDonnell Douglas Introduction In Sanders v. TC Transcontinental...
United States v. Middleton: Trauma-and-Memory Expert Testimony Under Rule 702 and Jail-Call “Substantial Step” Attempted Obstruction Under 18 U.S.C. § 1591(d) I. Introduction In United States v....
Trademark Injunctions Must Be Cabined to Markets of Likely Confusion (No Blanket Ban on a Common Word Mark) Introduction In Trojan Battery Company, L.L.C. v. Golf Carts of Cypress, L.L.C.; Trojan EV,...
Consensual On-Duty Sexual Misconduct Does Not Provide Monell Notice of Sexual Assault Risk; “Red Flags” Must Indicate Similar Propensity for Negligent Hiring 1. Introduction In Shannon Mullen v. Town...
Virginia Whistleblower Claims Require an Objectively Reasonable Belief of a Specific Legal Violation Introduction In James Edward Workman v. LHC Group, Inc. (4th Cir. May 8, 2026) (unpublished), the...
Ambiguous Post-Termination “Trade Name” Clauses Defeat Rule-12 Contract Dispositive Dismissal of Trademark Claims (10th Cir.) Introduction In Ascent Classical Academies v. Ascent Classical Academy...
Calling the Police Does Not Make a Private Retailer a State Actor: VanHorn v. Salvation Army (10th Cir. May 7, 2026) 1. Introduction In VanHorn v. Salvation Army, Christopher A. VanHorn (pro se) sued...
Hawaiʻi Minimum Wage Compliance and Damages Must Be Measured “Per Hour,” Rejecting Workweek Averaging Under HRS §§ 387-2 and 387-12 1. Introduction In Bolos v. Waldorf=Astoria Management LLC (Supreme...
Eyewitness Identification Plus Near-Immediate Corroboration Suffices for § 922(g)(1) Actual Possession—Forensic Gaps and Credibility Attacks Do Not Defeat Sufficiency Review Introduction In United...
In re Trummel: Published Censure for Recurrent Neglect, Trust-Account Failures, and Noncooperation Despite Parties’ Request for Admonition 1. Introduction Case: In the Matter of LUANN K. TRUMMEL,...