Ordinary Waiver, Not “Departure” Waiver: Article I, Section 8 Challenges Must Be Raised at Suppression Under Pa.R.A.P. 302 1. Introduction Commonwealth v. Shivers reached the Supreme Court of...
Coffman Is Not a Bright-Line Bar to Failure-to-Warn Claims Involving Combined Use of Two Sound Products 1. Introduction In Sarah Elizabeth Woodruff v. Ford Motor Company (Tenn. July 21, 2026), the...
Coffman Does Not Create a Per Se Bar to Failure-to-Warn Claims Involving Combined Use of Two Sound Products 1. Introduction In Sarah Elizabeth Woodruff ex rel. Ethan Woodruff v. Ford Motor Company...
Colt’s Neck: “Any Order” in Joint-County Ditch Proceedings Is Immediately Appealable; R.C. 6133.10(A) Requires a Multi-County Panel; Jurisdictional-Priority Errors Are Voidable and Forfeitable...
State v. Barnes (2026-Ohio-2750): Marsy’s Law Victims Must Follow App.R. 4(A) and Cannot Use App.R. 5(A) Delayed Appeals Reserved to Defendants I. Introduction State v. Barnes, Slip Opinion No....
Heatley v. State: Reasonable Doubt Is the Only Mandatory Standard—No “Consistency/Conclusive Guilt” Requirement in Circumstantial-Evidence Jury Charges Court: Supreme Court of South Carolina Date:...
Greenfield Cannot Supply an “Overriding Public Policy” Bar to an Insurer’s Duty to Defend in Sex-Trafficking Negligence Suits Case: Samsung v. RI Settlement; Apl. of: RI Settlement (Concurring...
IFPA and New Jersey RICO PIP-Fraud Claims Are Not Subject to AICRA PIP Arbitration 1. Introduction Allstate New Jersey Insurance Company v. Carteret Comprehensive Medical Care, P.C. addresses a...
“Affirmative Written Communication” Means What It Says: No Patent-Enforcement Standing for a Licensee Absent an Express Election Under Delaware Contract Law Case: Ecolab Inc v. SC Johnson...
Recchia v. Campbell: Capen Controls Facial Second Amendment Challenges to Massachusetts’s Assault-Style Firearm Ban; No Dormant Commerce Clause or Equal-Protection Workaround Court: U.S. Court of...
Open-and-Obvious Hazard Rule for Dismounting Moving Tractors Under Kansas Law 1. Introduction In Miller v. CNH Industrial America, LLC (10th Cir. July 21, 2026), the Tenth Circuit, applying Kansas...
Speech to Lawmakers Criticizing a Private Association’s Lobbying Is a Matter of Public Concern; Pickering Balancing Is Premature on the Pleadings 1. Introduction Cubin v. Gordon (10th Cir. July 21,...
Act Petitions: No Credibility Determinations Without an Evidentiary Hearing Introduction In Scott County Tyrel Lamar Patterson v. State of Minnesota (Minn. July 22, 2026), the Minnesota Supreme Court...
Qualified Immunity Where Protest Crowd-Control Munitions Strike an Unintended Target; Retaliation Requires Evidence of Intentional Targeting Introduction Alyssa Schukar v. Kenosha County (7th Cir....
United States v. Ellis: Deliberate Partial Courtroom Closures Are Not “Trivial” and Are Upheld When Supported by a Substantial Reason Under a Modified Waller Test 1. Introduction In United States v....
When Mootness Is Raised First on Appeal, the Fourth Circuit Remands for First-Instance Article III Findings in Post-Settlement Insurance Coverage Declaratory Actions 1. Introduction Covington...
“Mere Inconvenience” Is Not Dispositive Under MCL 554.139(1)(a); Fitness Turns on Intended Use in Context (Including Elderly/Disabled Tenants) Case: Jan Bowerman v. Red Oak Management Co., Inc. and...
Graham Severity Factor Turns on the Serious Offense Under Investigation—Even When the Arrest Is for Obstruction (Hayes v. Owen) 1. Introduction In Hayes v. Owen (10th Cir. July 21, 2026)...
Termination of the General Contractor Contract Triggers Accrual Under Minn. Stat. § 541.051 1. Introduction In American Family Insurance Company a/s/o Nicholas Oelke v. NB Electric, Inc. dba East...
VAWA Housing Provisions: No Private Right and No § 1983 End-Run; Section 8 Participation Alone Is Not State Action 1. Introduction In Gonzalez v. 2009 Houston Scott Street, L.P. (5th Cir. July 20,...