Outsourcing Is No Shield: Contractor Medical Policies Are Attributable to the County Under Monell, but Plaintiffs Must Prove Objective Unreasonableness with Admissible Evidence Introduction Calvin...
Cooper v. Xpertes, LLC (Nev. 2026): Undisclosed Impeachment Videos and “Mystique” Prejudice—Abuse of Discretion Without a New Trial Absent Material Prejudice Court: Supreme Court of Nevada Date: May...
Untimely Motions to Reopen: Personal-Circumstance Evidence Is Not “Changed Country Conditions,” and Equitable Tolling Requires a Causal Showing I. Introduction Prado-Majano v. Blanche (5th Cir. May...
United States v. Vacchino: “Sex Offender Conditions” as Ambiguous Incorporation of PSR Special Conditions; Unpronounced Economic-Change Notification Must Be Stricken; Rule 36 Corrects Omitted...
Bonin v. Sabine River Authority: Causation as a Threshold Requirement for Temporary Flooding Takings Claims (and No “Resurrection” of Stricken Expert Evidence) 1. Introduction Parties. More than 700...
Mitchell v. Conroe ISD: Forfeiture on Appeal and “Actual Knowledge” as a Gatekeeping Pleading Requirement in School Harassment and Disability Claims 1. Introduction Mitchell v. Conroe Independent...
FCA § 3730(d)(1): Attorney’s Fees Require a Relator’s Proceeds Share (Fifth Circuit) Case: United States of America, ex rel Bud Conyers v. Kellogg Brown & Root, Incorporated; Kellogg Brown & Root...
Qualified Immunity Requires Fact-Specific Clearly Established Law for Prisoner Excessive-Force Claims Involving Minimal Injury 1. Introduction In Williams v. Voorhies (5th Cir. May 8, 2026) (per...
Incorporation-by-Reference and Detailed Revocation Petitions Satisfy Due Process and Rogers in Supervised-Release Revocations Introduction In United States v. Eric Whitener (4th Cir. May 8, 2026)...
Reopening a Closed Bankruptcy Case Is a Ministerial Act and a Final Order: Untimely Appeals, Forfeiture, and Record Deficiencies Bar Collateral Attacks 1. Introduction Case: In re Leroy Carrillo, Jr....
Probation-Violation Sentencing in Rhode Island: Hearing Justice May Weigh Both the Original Felony and the Triggering Misconduct When Executing a Suspended Sentence I. Introduction In State v....
No Voluntary Manslaughter Instruction Absent Minimal Evidence that the Decedent Adequately Provoked the Killing (and Where Time to Cool Off Exists) Case: State v. Miguel Lacourt Court: Supreme Court...
Fraudulent Concealment and Court of Claims Notice After Christie: Tolling vs. “Only-in-this-section” Exceptions Introduction Amy McCormick and Robert McCormick v Michigan State University (Mich Sup...
Brown v. James: Drawing a Firearm as an Imminent Threat of Deadly Force Makes the Defendant the “Initial Aggressor,” Defeating a Justification Charge (and a Due Process Habeas Claim) 1. Introduction...
Conditional Use Permit Decisions Are Quasi-Judicial and Not Referable; Ordinance Aligning CUP Authority Is Administrative Under SDCL 7-18A-15.1 Case: Save Centennial Valley Association v. McGruder,...
Clerical Habitual-Offender Errors May Be Corrected on Appeal Without Remand (Affirmed as Modified) Introduction In Owen Watson v. State of Arkansas, 2026 Ark. 97, the Arkansas Supreme Court reviewed...
Inmate Challenges to ADC Policy Require a Pleaded Constitutional Liberty Interest (Not Mere Policy Misapplication) I. Introduction In Jonathan Walker v. Arkansas Department of Correction, Division of...
State v. Syed: Circumstantial Proof of Shooter Identity and Deliberate Intent in First-Degree Murder Introduction In State v. Syed (N.M. May 7, 2026) (No. S-1-SC-40732), the Supreme Court of New...
State v. Salazar: When Mistake-of-Fact Is Subsumed by Provocation, and Grief Alone Does Not Justify an “Inability to Deliberate” Instruction 1. Introduction In State v. Salazar (N.M. May 7, 2026, No....
State v. Eaker: Dual-Credit Presentence Confinement Requires Actual Confinement in the Case Seeking Credit; French Abrogated Introduction In State v. Eaker (N.M. May 7, 2026), the Supreme Court of...