“Notice of Intent to Terminate” Is Not Termination: Delaware Enforces Distinct Notice Triggers in ETF Services Agreements Case: Benchmark Investments LLC v. Pacer Advisors, Inc. (Del. Apr. 30, 2026)...
Mandamus Limits in Election Cases: Referrals for Investigation Are Injunctive Relief; Voting/Candidate Residency Requires Intent Tethered to a Fixed Habitation I. Introduction In State ex rel....
Section 705 Stays When FDA Concedes Procedural Deficits: State Standing and the Public Interest Against Unlawful REMS Deregulation Case: State of Louisiana v. FDA (5th Cir. May 1, 2026) (No....
Extraordinary Downward Variances Require Meaningful Consideration of Deterrence and Sentencing Disparities—and a Compelling Explanation Beyond Rehabilitation Case: United States v. Steven Newkirk...
State v. Kent Eaton (2026 VT 14): “Meaningful” DUI Counsel Consultation Is About Private Opportunity, Not Accurate Advice; Voluntariness Burden Triggered Only by Particularized Coercion Claims 1....
Nullum Tempus Cannot Override 42 Pa.C.S. § 5536’s 12-Year Construction Statute of Repose 1. Introduction Case: Clearfield County, Pennsylvania v. Transystems Corporation (successor to L. Robert...
Stormwater Charges as User Fees: Proportionality, Proxy Metrics, and Limits on Recoverable Costs (Wecht, J., Concurring and Dissenting) 1. Introduction This Pennsylvania Supreme Court matter arose...
ELCRA Discrimination: “Qualified” Must Be Assessed Independently of the Employer’s Stated Reasons; Workforce-Matched Termination Statistics Do Not Support an Inference of Bias 1. Introduction In...
Clear-and-Convincing Evidence Required to Invalidate a Parental Relinquishment to DHHS I. Introduction In re Interest of Jordon B., 321 Neb. 315 (May 1, 2026), addresses when a biological parent may...
Strict Naming Requirement for “Illegal Votes” Election Contests: No List, No Jurisdiction I. Introduction In re Election Contest of Highland School Bond Referendum (Iowa May 1, 2026) addresses a...
Standing Bar for Non-Vesting Contingent Charitable Beneficiaries in Iowa Probate Litigation 1. Introduction Case: In the matter of the Estate of Herman Carl Stille (Iowa Supreme Court, May 1, 2026)....
Iowa Code § 670.4A Does Not Bar Common-Law Police-Shooting Torts; Federal Harlow Qualified-Immunity Rulings Do Not Preclude Iowa Tort Claims 1. Introduction This Iowa Supreme Court decision arises...
Otis v. Miller (5th Cir. Apr. 30, 2026): Grievances and Conclusory “Notice” Allegations Do Not Plead Personal Knowledge or Deliberate Indifference by Named Prison Officials 1. Introduction Case: Otis...
Disability-Benefits Notice Is Not an Accommodation Request: “Qualified Individual” and Comparator Proof Requirements in Academic Dismissal Challenges Case: Jackson v. Univ of TX SW Medical (5th Cir....
Ruffin v. Davis: Deadly Force Against an Armed, Fleeing Suspect Is Unconstitutional (and Clearly Established) Absent a Furtive or Threatening Weapon Movement 1. Introduction Brittany Ruffin v. Kevin...
United States v. Bourabah: Disagreement with Counsel’s Strategy—Even if Framed as “Breakdown”—Does Not Require Substitution on the Eve of Trial, and Does Not Justify Withdrawing an Alford Plea Months...
United States v. Bourabah: Late-Eve Substitution Limits, Alford-Plea Withdrawal Standards, and Upward Departures for Extreme Cyberstalking Harm Court: Court of Appeals for the Fourth Circuit Date:...
Retaliation Requires Defendant-Specific Causation; Delay-of-Care Claims Require Harm; No § 1983 Claim for Non-Investigation of Grievances 1. Introduction In John Butler v. Floyd, the United States...
Rule 8 and § 1915(e) Screening: Specificity, Causation, and Municipal-Liability Requirements for NDAA Whistleblower and Title II ADA Claims Case: George Trombetti v. Borough of Aldan (3d Cir. Apr....
West Virginia Severance Tax Wellhead Valuation: “Gross Proceeds” Are the Producer’s Net Settlement Receipts (Not Midstream “Product Value”), and a Later Refund Check Can Restart the 60-Day OTA Appeal...