Treatment-Motive Foundations for Child Medical-Hearsay and Limits on Case-Specific “Credibility by Inflection” Expert Testimony 1. Introduction In State of New Hampshire v. Madison T. West (N.H. Aug....
Undue Hardship After Groff: Upholding Healthcare COVID-19 Vaccine Mandates and Excluding Unreliable Rebuttal Experts Under Rule 702 1. Introduction In Sara Slattery v. Main Line Health Inc (3d Cir....
Supervisory Control Will Not Correct Denial of Intervention Where Interests Are Fact-Dependent and Lobbying Alone Is Not a Legally Protectable Interest Case: Chamber of Commerce v. 1st Judicial...
Continuing Loss-of-Use Contract Damages After Property Sale and Full Contract Fee Recovery When Contract and MCPA Claims Are Inextricably Intertwined 1. Introduction Mcnain Holdings v. Wilderness...
MAPA’s 30-Day Judicial-Review Deadline Is Strict, with Only Narrow Equitable Relief Requiring Diligence and External Impediment Introduction In NOCR v. MT Dept. of Revenue (2026 MT 197N), the Montana...
ICWA Nonwaivability in Private Termination/Stepparent Adoption Proceedings: Courts Must Independently Determine Applicability; Stipulation Error Is Harmless Absent “Reason to Know” Case: Parenting...
Serial Habeas Filings While Postconviction Relief Is Pending: Habeas Denied and Prefiling Leave Requirement Authorized Case: Smith v. Reich (Mont. Sup. Ct. OP 26-0548) Date: August 18, 2026...
Direct-Appeal Ineffective Assistance Claims Must Be Record-Based; Pro Se Appellants Must Cite the Record and Authority (State v. B. Ackerman) 1. Introduction In State v. B. Ackerman, 2026 MT 196N,...
Stipulation and Failure to Object Waive Appellate Claims for Elapsed (Street) Time Credit in Revocation Sentencing 1. Introduction State v. R. Jore (Mont. Sup. Ct. Aug. 18, 2026) addresses a...
Standing Bar to Equal-Protection Claims Based on Nonprosecution, and Renewed Emphasis on State-Remedy Prerequisites for Procedural Due Process I. Introduction Chase Peden v. Glenn Stephens (11th Cir....
No Plain-Error Relief for § 1028A Mandatory Minimum Home-Detention Requests Absent Controlling Authority Case: United States v. Allen Pendergrass (11th Cir. Aug. 19, 2026) (per curiam, not for...
Certification on Indiana’s “One Action” Statute: Applicability to Mortgage Guaranties and Enforceability of Waiver 1. Introduction Merchants Bank of Indiana v. David Craik (7th Cir. Aug. 19, 2026)...
FIRREA Succession Clause Does Not Transfer Investors’ Rule 10b-5 Purchase-and-Sale Claims to the FDIC; No FIRREA Exhaustion for Third-Party Securities Claims Introduction Sjunde AP-Fonden v. FDIC (2d...
Specific Jurisdiction Requires Forum-Directed Affirmative Acts; Alleged Policy Omissions by a National Organization Do Not Suffice 1. Introduction E.T. v. the Boys and Girls Club of Hudson County...
Warndahl Attenuation Governs Suppression of “New Crime” Evidence Following an Unconstitutional Seizure (and Vehicular Flight May Be Admissible) Case: State of Minnesota v. Nicholas Norton Engel...
Twenty-Sixth Amendment Requires Age-Neutral Access to State-Provided Voting Methods (No-Excuse Absentee-by-Mail) Case: Trudy Grant v. Conway Belangia (No. 25-1413) — United States Court of Appeals...
Qualified Immunity for Threat-Based Arrests Supported by a Disinterested Witness Report and the Suspect’s Admission; Narrow Use of Pendent Appellate Jurisdiction Case: Bonds v. Woodall (No. 25-60462)...
Mailing to a Property Owner’s Last Known Address “Provides” the § 12-63c Income-and-Expense Form; Actual Receipt Not Required 1. Introduction Case: Greenwich Retail, LLC v. Town of Greenwich (Supreme...
Conditional Global Pleas: Prevailing on a Reserved Suppression Issue Can Permit Withdrawal of the Entire “Plea” When the Suppressed Evidence Was Also Material to the Companion Indictment Case: State...
Proffer-Waiver Expansion: Opening Statements That Advance Contradictory Factual Theories Trigger Rebuttal Use of Proffer Admissions Case: United States v. Jose Tavares (No. 25-1489) (3d Cir. Aug. 17,...