Puerto Rico Case Commentaries

Extraordinary Circumstances for Grandparent Custody May Be Proven by Extended Disruption Plus Ongoing Parental Instability; Flexible “Mutually Agreed” Parenting Time Upheld Where Structure Is Impracticable

Date: May 8, 2026

Extraordinary Circumstances for Grandparent Custody May Be Proven by Extended Disruption Plus Ongoing Parental Instability; Flexible “Mutually Agreed” Parenting Time Upheld Where Structure Is...

State v. Manuelito: Overdose-Immunity Under I.C. § 37-2739C(2) Requires an Actual Drug-Related Medical Emergency and Need for Medical Assistance (Not a Bystander’s Good-Faith Belief)

Date: May 8, 2026

State v. Manuelito: Overdose-Immunity Under I.C. § 37-2739C(2) Requires an Actual Drug-Related Medical Emergency and Need for Medical Assistance (Not a Bystander’s Good-Faith Belief) Court: Supreme...

Article 78 Review Preserved Despite “Force and Effect of a Judgment” Language in RPTL 421-a(16)(c)(x)

Date: May 8, 2026

Article 78 Review Preserved Despite “Force and Effect of a Judgment” Language in RPTL 421-a(16)(c)(x) 1. Introduction Matter of Bldg 44 Devs. LLC v State of New York (2026 NY Slip Op 02898, Third...

North Dakota Recognizes Inherent Power to Enjoin Collateral Foreign “Manifestly Unfounded” (Anti-SLAPP) Attacks on Its Proceedings

Date: May 8, 2026

North Dakota Recognizes Inherent Power to Enjoin Collateral Foreign “Manifestly Unfounded” (Anti-SLAPP) Attacks on Its Proceedings 1. Introduction Energy Transfer v. Gion, 2026 ND 93 arises from...

Unjust Conviction Act: “Accusatory Instrument” Is Limited to Counts Tied to the Wrongful-Conviction Event, Not Unrelated Surviving Counts in the Same Indictment

Date: May 8, 2026

Unjust Conviction Act: “Accusatory Instrument” Is Limited to Counts Tied to the Wrongful-Conviction Event, Not Unrelated Surviving Counts in the Same Indictment 1. Introduction Taft v State of New...

Hill v. Jackson Offshore Holdings: Unchallenged Delegation Clauses Require Arbitration—and “Without Prejudice” Denials Are Immediately Appealable Under FAA § 16(a)

Date: May 7, 2026

Hill v. Jackson Offshore Holdings: Unchallenged Delegation Clauses Require Arbitration—and “Without Prejudice” Denials Are Immediately Appealable Under FAA § 16(a) 1. Introduction Parties: Jeremiah...

American Pipe Tolling for Title VII Right-to-Sue Deadlines Ends When Class Status Is Denied (Not Through Appeal or Certiorari)

Date: May 7, 2026

American Pipe Tolling for Title VII Right-to-Sue Deadlines Ends When Class Status Is Denied (Not Through Appeal or Certiorari) 1. Introduction Kristen Grace v. RTX Corporation is an unpublished per...

United States v. Hatchet Speed: Non-Operable “Solvent Traps” Can Be NFA Silencers by Objective Design, and NFA Silencer Registration Is Treated as a Presumptively Constitutional Shall-Issue Regime

Date: May 7, 2026

United States v. Hatchet Speed: Non-Operable “Solvent Traps” Can Be NFA Silencers by Objective Design, and NFA Silencer Registration Is Treated as a Presumptively Constitutional Shall-Issue Regime 1....

No Sua Sponte Rule 32.1 Confrontation Balancing Required Absent an Objection in Supervised-Release Revocations (United States v. Price)

Date: May 7, 2026

No Sua Sponte Rule 32.1 Confrontation Balancing Required Absent an Objection in Supervised-Release Revocations (United States v. Price) Introduction In United States v. Price (10th Cir. May 5, 2026),...

Revocation Hearings in the Tenth Circuit: No Sua Sponte Rule 32.1 Confrontation Balancing Absent an Objection

Date: May 7, 2026

Revocation Hearings in the Tenth Circuit: No Sua Sponte Rule 32.1 Confrontation Balancing Absent an Objection 1. Introduction In United States v. Price (10th Cir. May 5, 2026), Anthony Steven Price...

Imminent Danger Is Not a Filing Prerequisite: Abuse-and-Neglect Petitions Cannot Be Dismissed at Preliminary Hearing Solely Because Children Were Temporarily Out of the Home

Date: May 7, 2026

Imminent Danger Is Not a Filing Prerequisite: Abuse-and-Neglect Petitions Cannot Be Dismissed at Preliminary Hearing Solely Because Children Were Temporarily Out of the Home 1. Introduction Case: In...

Davis-Conforming Superseding Indictments Are Timely When They Do Not Materially Broaden the Charged Conduct

Date: May 7, 2026

Davis-Conforming Superseding Indictments Are Timely When They Do Not Materially Broaden the Charged Conduct 1. Introduction In United States v. Padilla-Galarza (1st Cir. May 6, 2026), the First...

Unobjected Victim Impact Allegations of Uncharged Misconduct Are Not Plain Error Absent Proof of Inaccuracy and Sentencing Reliance (Atkinson v. State)

Date: May 7, 2026

Unobjected Victim Impact Allegations of Uncharged Misconduct Are Not Plain Error Absent Proof of Inaccuracy and Sentencing Reliance Introduction In Andrew Atkinson v. The State of Wyoming, 2026 WY 51...

IDEA Appellate Review After New Evidence: Clear-Error Review, Sliding-Scale “Due Weight,” and Cogent Explanations for More Restrictive Placements

Date: May 7, 2026

IDEA Appellate Review After New Evidence: Clear-Error Review, Sliding-Scale “Due Weight,” and Cogent Explanations for More Restrictive Placements Case: N. T. v. Galesburg Community Unit School...

Child-Victim Specificity and Propensity Evidence: Uncharged Sexual-Offense Acts Are Admissible Under NRS 48.045(3) Without Exact Dates When Supported by Reliable Indicia

Date: May 7, 2026

Child-Victim Specificity and Propensity Evidence: Uncharged Sexual-Offense Acts Are Admissible Under NRS 48.045(3) Without Exact Dates When Supported by Reliable Indicia I. Introduction In...

Trade-Secret Unjust Enrichment Can Be Inferred from Trial Testimony; Delay and “No Loss” Jury Finding Defeat Permanent Injunction

Date: May 7, 2026

Trade-Secret Unjust Enrichment Can Be Inferred from Trial Testimony; Delay and “No Loss” Jury Finding Defeat Permanent Injunction 1. Introduction The Hurry Family Revocable Trust, Scottsdale Capital...

Compassionate Release May Be Denied Solely on § 3553(a) Factors, Using the Original Sentencing Record to Support the Balance

Date: May 7, 2026

Compassionate Release May Be Denied Solely on § 3553(a) Factors, Using the Original Sentencing Record to Support the Balance Introduction In United States v. James Edward Hiatt (6th Cir. May 6,...

Failure to Acknowledge Abuse—Including Backtracking from a Stipulation—Renders a Post-Adjudicatory Improvement Period Futile and Supports Termination Without Less Restrictive Alternatives

Date: May 7, 2026

Failure to Acknowledge Abuse—Including Backtracking from a Stipulation—Renders a Post-Adjudicatory Improvement Period Futile and Supports Termination Without Less Restrictive Alternatives Case: In re...

Termination Without Less Restrictive Alternatives for Improvement-Period Noncompliance and Alcohol Addiction; Post-Termination Visitation Requires an Affirmative Best-Interest Showing

Date: May 7, 2026

Termination Without Less Restrictive Alternatives for Improvement-Period Noncompliance and Alcohol Addiction; Post-Termination Visitation Requires an Affirmative Best-Interest Showing Commentary on...

Heightened Voluntariness Colloquy Required for Contingent Pleas; Failure Requires Plea Withdrawal (Minn. 2026)

Date: May 7, 2026

Heightened Voluntariness Colloquy Required for Contingent Pleas; Failure Requires Plea Withdrawal (Minn. 2026) 1. Introduction In State of Minnesota v. Alfredo Torrez (Minn. May 6, 2026), the...