Third Circuit: Even Where Rooker-Feldman/Younger May Not Dispose of a § 1983 Challenge to Family-Court Conduct, Immunities and § 1983 Merits Defects Require Dismissal—and Official-Capacity...
Perfunctory Briefing Waives Most Appellate Issues; Severance Requires Concrete “Actual Prejudice” Beyond Spillover Evidence I. Introduction In United States v. Lin (10th Cir. July 24, 2026)...
Horocofsky v. City of Lawrence (10th Cir. 2026): Police-Affidavit Causation Limits § 1983 Malicious Prosecution and Reasserts the Default Rule Against Retaining Supplemental State Claims After...
Drexler v. Weiser: Ex parte Young Requires a Particular Enforcement Connection; Prosecutorial Disavowal Defeats Pre-Enforcement Standing 1. Introduction In Drexler v. Weiser (10th Cir. July 24, 2026)...
PEPRA § 31461(b)(2): Annual Leave Cashout Caps Apply Despite “Straddled” Final Compensation Periods Case: Ventura Cty Emp Ret Assn v. Crim J Atty Ret Assn Ventura Cty (Cal. Supreme Ct., July 27,...
No Per Se Conflict When a State Witness Pays Defense Fees; Best-Practice Disclosure Regime for Third-Party Payment in Criminal Cases Introduction In State v. Dana Kearney (N.J. July 27, 2026), the...
Probation Revocation Hearings Require On-the-Record Two-Step Waiver of Counsel (and Continuances Must Be Reasoned When Counsel Is at Stake) 1. Introduction In State v. Eastgate, 2026 ND 147, the...
Restitution May Include Victim’s Investigation Costs and Unwithheld Employee Benefit Premiums as “Direct Result” Losses Under N.D.C.C. § 12.1-32-08(4) 1. Introduction In State v. Engelking, 2026 ND...
Oral Notice Alone Satisfies N.D.R.Juv.P. 10(b)(1) for Default Termination; Voluntary Appearance Waives Summons-Based Personal Jurisdiction Objections I. Introduction Case: Interest of B.W., 2026 ND...
Oral On-the-Record Notice Satisfies Juvenile Procedure for Continued Hearings; ICWA QEW Testimony May Reflect Tribe’s Staffed Opinion Without Losing Evidentiary Force Case: Interest of K.B., 2026 ND...
State v. Fox (2026 ND 148): Rule 412 Bars Sexually Explicit “Motive” Evidence When Discipline-Based Bias Can Be Explored Without Sexual Details 1. Introduction In State v. Fox, the Supreme Court of...
Standing to Appeal a PSC CPCN Requires Participation During the Agency Proceeding; Publication Notice Defeats “Good Cause” for Post-Hoc Intervention Case: Wano Township v. North Dakota Public Service...
State v. Quam (2026 ND 145): Admissions of Underage-Targeted Searches and In-Home Viewing Establish Probable Cause and Nexus for CSAM Residence Warrants 1. Introduction In State v. Quam, the North...
State v. Kim: Supervisory Limits on “Consciousness of Guilt” Jury Instructions (and a Call to Abolish Them) 1. Introduction State v. Kim (Conn. July 28, 2026) reached the Supreme Court of Connecticut...
State v. Kim: Connecticut Clarifies When (and How) Trial Courts May Give “Consciousness of Guilt” Instructions—Necessity, Neutrality, and No Prejudicial Labeling Court: Supreme Court of Connecticut...
Small Claims Courts in Hawaiʻi Lack Jurisdiction to Decide Pet Ownership (Replevin/Title) Disputes 1. Introduction In Miller v. Collins (Haw. July 27, 2026), petitioner Alexandra Miller sought...
The 90-Day Permanency Extension Extends Time, Not Reunification Standards: Full Dispositional-Order Compliance Remains in Play at the Second Permanency Hearing Case: In re H.H.; In re B.H., 2026 N.H....
Mitigation Required, but No-Fault Fee Caps Inapplicable, in Medicare Opt-Out Allowable-Expense Tort Actions (MCL 500.3135(3)(c)) I. Introduction In CANTY v MASON (Mich Sup Ct, July 27, 2026),...
Statutory Adoption by the Putative Adoptive Parent Bars Later Poksai Heirship; CNMI Supreme Court Adopts a Non‑Exhaustive Seven‑Factor Poksai Test 1. Introduction In re Estate of Magofna, 2026 MP 7...
Conservatorship of E.A.: Applying Barker v. Wingo to LPS Conservatorship Trial Delays—and Holding Delay-Based Due Process Violations Are Not Structural (Harmless Beyond a Reasonable Doubt Review...