Comcast Requires a Case-Specific, Non-Speculative Classwide Damages Methodology (Not a Generic “Out-of-Pocket” Formula) and a Rigorous Predominance Analysis in Securities-Fraud Class Certification...
Weak Pretext Showings and Compliance Queries Without Anti-Fraud Action Do Not Defeat Summary Judgment (ADA/FCA): Simmons v. UM Capital Region Health Court: United States Court of Appeals for the...
Virginia Code § 18.2-53.1 (Use of a Firearm) Is Not a “Crime of Violence” for USSG § 2K2.1(a)(4)(A) When Tethered to Virginia Robbery I. Introduction In United States v. Rashad Ebron (4th Cir. July...
State Custody Does Not Start the Speedy Trial Act Clock Absent a Solely Federal Hold; An Unseen Show of Authority Is Not a Seizure Case: United States v. Brandon Brown (4th Cir. July 20, 2026)...
Third Circuit: Fraud Reports to Law Enforcement Are Absolutely Privileged and Do Not Create Specific Personal Jurisdiction; Personal-Jurisdiction Dismissals Must Be Without Prejudice I. Introduction...
Receipt of Child Pornography Under 18 U.S.C. § 2252A(a)(2)(A) Categorically Constitutes a CIMT Because Post–Free Speech Coalition Prosecutions Require Images of Actual Minors Case: Jean Buteau...
Sworn SSDI Inability-to-Work Statements and Contemporaneous Medical Restrictions Can Defeat “Qualified Individual” Status Under the Rehabilitation Act Despite a Later Light-Duty Note 1. Introduction...
Receipt of Child Pornography Under 18 U.S.C. § 2252A(a)(2)(A) Is Categorically a CIMT Because Conviction Requires Images of Actual Children Introduction In Jean Buteau Remarque v. Attorney General...
Limited Undertaking, Limited Duty: Vendor Pump Training Does Not Create a General Workplace-Safety Duty Under Restatement § 324A Case: Savannah Byers v. Finishing Systems Inc (remaining claims...
Third Circuit: No Duty to Accommodate or Provide FMLA Leave Without Clear, Timely Notice—Disability Laws Do Not Excuse Misconduct I. Introduction In Cheryl Hileman v. West Penn Allegheny Health...
State v. Dela Cruz: A Tachibana Waiver Remains Valid Under the Totality of the Circumstances Even Without the Exact “Is Anyone Forcing You Not to Testify?” Question I. Introduction In State v. Dela...
Counties May Streamline SMA Permitting, Not Eliminate the Non‑Delegable CZMA “Assessment” (Final EA Required; No Categorical Self‑Certification Exemptions) I. Introduction In Maui Tomorrow Foundation...
Compelling Circumstances Permit Separation-Date Valuation of Marital Equity Awards; Unvested Stock/RSUs May Be Treated as Post-Separation Compensation Introduction In Patrick M. Hogan v. Amanda H....
People v Wilkins: Automobile-Exception Probable Cause Must Target Evidence of a Crime, Not a Civil Infraction Introduction In People of Michigan v. Freddie Wilkins, III (Mich Sup Ct, July 22, 2026),...
Michigan SORA “Recapture” Registration for Nonsexual Felonies Is Cruel or Unusual Punishment (As Applied) I. Introduction People v Ellis (Mich. Sup. Ct., July 22, 2026) addresses the...
Revocable-at-Death Trust Liability to Creditors and EPIC Exemptions for 401(k) Payments and Life-Insurance Proceeds Paid to a Trustee 1. Introduction Case: In re FOWLER ESTATE / In re FOWLER TRUST...
Rule 32(i)(1)(A) Requires Follow-Up When a Defendant Denies Reviewing the PSR, and Allocution Preserves the Claim Case: United States v. Threatt (10th Cir. July 21, 2026) | Court: U.S. Court of...
Utah Bad-Faith Liability After Full-Limits Tender: No Duty to Explain Unambiguous Policy Terms Absent Ambiguity or Fraud 1. Introduction Jenkins v. Prime Insurance (10th Cir. July 21, 2026) addresses...
Tenth Circuit: A Public Library May Prohibit Displayed Signs Indoors as a Content-Neutral Time, Place, and Manner Restriction; “Chilled Speech” Standing Requires Subjective Deterrence Introduction...
Specific-Unanimity Required for Single-Count, Multi-Act Proof of Penetration; State v. Rucker Overruled 1. Introduction In State of Minnesota v. Ge Yang (Minn. July 22, 2026), the Minnesota Supreme...