Callais-Driven Vacatur: Section 2 Redistricting Injunctions Must Be Reassessed Under a Strong-Inference-of-Intent and Race–Politics Disentanglement Framework Introduction In Coakley Pendergrass v....
Indiana Sexual Battery “By Force or Imminent Threat of Force” Is a CIMT and May Be Treated as a Particularly Serious Crime Case: Kudzai Shonhai v. Attorney General United States of America (3d Cir....
No Implied Waiver of Arbitration Against Unnamed Class Members Before They Become Parties 1. Introduction Roger Salvatora v. XTO Energy Inc (3d Cir. Aug. 24, 2026) is an interlocutory appeal arising...
Habeas Orders Must Make Claim-by-Claim Findings: Remand Required to Address “Mercy Deadlock” Illegal-Sentence Challenge to Kidnapping Life-Without-Parole Warren H. v. Jonathan Frame, Superintendent,...
State v. Freeman: Continuous Probation Violations May Justify Denial of “Street Time” Credit, but Courts Must Credit Discrete Compliant Periods and Explain Any Denial Introduction In State v. C....
Section 2 Redistricting Injunctions Must Be Vacated and Remanded for Reapplication Under Louisiana v. Callais 1. Introduction This consolidated Eleventh Circuit appeal (captioned in relevant part as...
Member-Specific Capital Loss Carrybacks in New Hampshire Water’s-Edge Combined Reporting Case: Hologic, Inc. v. Comm'r, N.H. Dep't of Revenue Admin., 2026 N.H. 32 (N.H. Aug. 26, 2026) Court: Supreme...
Preliminary Injunction Orders Must Remain Nonfinal Absent Rule 65(a)(2) Consolidation Notice Case: Dillinger's LLC, a Wyoming Limited Liability Company and Ryan Clement, an Individual v. CR-GTD, LLC,...
Noncompliance and Continued Domestic Violence Justify Denial of an Improvement Period and Termination Without Less Restrictive Alternatives 1. Introduction In In re A.B. and S.B. (W. Va. Aug. 25,...
Educational Neglect Established When a Parent Refuses Enrolled School Attendance and Fails to Meet West Virginia Home-Instruction Requirements 1. Introduction Case: In re A.G.-1 and A.G.-2 (Supreme...
Post-Termination Limits: No § 49-4-606 Standing After Termination, and Post-Termination Visitation Requires a Timely Motion or Good Cause 1. Introduction In re C.C.-1, C.C.-2, and A.C. is a...
Consistent Child Disclosures and Forensic Testimony as Clear-and-Convincing Proof of Sexual Abuse Supporting Termination Without Less Restrictive Alternatives 1. Introduction Case: In re D.C.,...
Pleading-Stage Limits on New Liability Theories, Contractual Waiver Enforcement, and Automatic Exclusion for NRCP 16.1 Damages Nondisclosure Introduction In GREEN LEAF FARMS HOLDINGS, LLC v. BELMONT...
Incarceration-Based Neglect and No Preclusion from Prior Adoption Litigation in West Virginia Abuse-and-Neglect Proceedings 1. Introduction In re J.C. (W. Va. Sup. Ct. App. Aug. 25, 2026) is a...
Termination Without Improvement Period Where Intellectual-Incapacity Deficits Are Uncorrectable; DHS Not Required to Provide Live-In Assistance 1. Introduction Case: In re J.D., No. 25-457 (W. Va....
Second Post-Adjudicatory Improvement Periods Require Proof of a Substantial Change in Circumstances Under W. Va. Code § 49-4-610(2)(D) Case: In re J.S.-1, No. 25-494 (W. Va. Aug. 25, 2026)...
In re L.T.: Adjudication Turns on Findings that the Child Is Abused/Neglected; Dispositional Orders Need Not Track Statutory Wording if Required Conclusions Are Reached Introduction In In re L.T....
In re N.M.: Case-Plan Delay Is Not Reversible Without Prejudice Where Abuse/Neglect Is Untreatable, and Unobjected Hearsay Is Waived on Appeal 1. Introduction In In re N.M. (W. Va. Aug. 25, 2026)...
Lipscomb v. Hagedorn: Enforcing Contractual Attorney-Fee Clauses in Incorporated Separation Agreements 1. Introduction In Jimmy Lipscomb v. Pamela Hagedorn (W. Va. Aug. 25, 2026), the Supreme Court...
Civil Contempt for Property Return Requires Proof of Present Noncompliance with the Final Decree—No Contempt for Items Not Found in the Party’s Possession 1. Introduction In Marilyn Fay Minor v....