accrual-of-breach-of-warranty-claims-under-ucc-§42a-2-725:-tender-of-delivery-defined-by-physical-delivery Case Commentaries

Sixth Circuit Narrows “Participation” Retaliation Protection to Direct Involvement in Title VII/ADA Proceedings

Date: Jul 16, 2026

Sixth Circuit Narrows “Participation” Retaliation Protection to Direct Involvement in Title VII/ADA Proceedings Case: Amy DiChiara v. Summit Medical Group, Inc. (6th Cir. July 13, 2026) (recommended...

21 U.S.C. § 844(c) Requires the Categorical Approach—But Unsettled Circuit Law Defeats Plain-Error Relief

Date: Jul 16, 2026

21 U.S.C. § 844(c) Requires the Categorical Approach—But Unsettled Circuit Law Defeats Plain-Error Relief I. Introduction In United States v. Arnett (10th Cir. July 14, 2026), the Tenth Circuit...

Congestion-Pricing Entry Tolls Are Reviewed as Reasonable User Fees (Not Strict-Scrutiny Burdens on Travel) and Survive Rational-Basis Review

Date: Jul 16, 2026

Congestion-Pricing Entry Tolls Are Reviewed as Reasonable User Fees (Not Strict-Scrutiny Burdens on Travel) and Survive Rational-Basis Review 1. Introduction County of Rockland v. Triborough Bridge &...

TCPA § 227(c)(5) Creates a Private Right of Action for Unwanted “Telephone Calls,” Not Text Messages

Date: Jul 16, 2026

TCPA § 227(c)(5) Creates a Private Right of Action for Unwanted “Telephone Calls,” Not Text Messages 1. Introduction In Seth Steidinger v. Blackstone Medical Services, the Seventh Circuit addressed a...

Distinctive Vehicle Match Creates Particularized Suspicion for a Terry Stop; Probation Search Authorized by Reasonable Cause Based on Probation Violations

Date: Jul 16, 2026

Distinctive Vehicle Match Creates Particularized Suspicion for a Terry Stop; Probation Search Authorized by Reasonable Cause Based on Probation Violations Introduction In State v. J. Stewart, the...

State v. Proctor (2026 MT 150): “All Data” Cell-Phone Search Warrants Are Overbroad General Warrants Without Particularized Limits—But Admission May Be Harmless

Date: Jul 16, 2026

State v. Proctor (2026 MT 150): “All Data” Cell-Phone Search Warrants Are Overbroad General Warrants Without Particularized Limits—But Admission May Be Harmless 1. Introduction In State v. Proctor,...

Revising the Sica Test: Inherently Beneficial Use Variances Now Require an Independent “No Substantial Impairment” Showing Under N.J.S.A. 40:55D-70

Date: Jul 16, 2026

Revising the Sica Test: Inherently Beneficial Use Variances Now Require an Independent “No Substantial Impairment” Showing Under N.J.S.A. 40:55D-70 1. Introduction Monarch Communities, LLC v....

State v. Wildgoose: Speculation Cannot Satisfy Rule 3:22-4(a)(2) and Procedurally Barred PCR Appeals Cannot Generate New Prosecutorial-Procedure Rules

Date: Jul 16, 2026

State v. Wildgoose: Speculation Cannot Satisfy Rule 3:22-4(a)(2) and Procedurally Barred PCR Appeals Cannot Generate New Prosecutorial-Procedure Rules Supreme Court of New Jersey — Decided July 14,...

Pleading “Normal Charges” Tied to FAIR Health Percentiles Suffices for ERISA MRC-1 Underpayment Claims; Providers Lack Fiduciary-Duty Standing Absent a Personal Right to the Challenged Plan Assets

Date: Jul 16, 2026

Pleading “Normal Charges” Tied to FAIR Health Percentiles Suffices for ERISA MRC-1 Underpayment Claims; Providers Lack Fiduciary-Duty Standing Absent a Personal Right to the Challenged Plan Assets I....

Minimum Contacts in One-Off Service Contracts: Unsworn Brief “Facts,” Choice-of-Law Clauses, and In-State Injury Do Not Create Specific Jurisdiction

Date: Jul 16, 2026

Minimum Contacts in One-Off Service Contracts: Unsworn Brief “Facts,” Choice-of-Law Clauses, and In-State Injury Do Not Create Specific Jurisdiction 1. Introduction ERC Specialists, LLC v....

Cordova v. Textron Aviation: Record-Contradicted “Deception” Claims and Appellate Briefing Duties Cannot Salvage Summary Judgment

Date: Jul 16, 2026

Cordova v. Textron Aviation: Record-Contradicted “Deception” Claims and Appellate Briefing Duties Cannot Salvage Summary Judgment 1. Introduction In Cordova v. Textron Aviation, Inc. (10th Cir. July...

No Plain Error from “Elements Met” Nexus-Expert Testimony Under Rules 704(b)/403; § 922(g)(1) As-Applied Challenges Foreclosed by Vincent v. Bondi

Date: Jul 16, 2026

No Plain Error from “Elements Met” Nexus-Expert Testimony Under Rules 704(b)/403; § 922(g)(1) As-Applied Challenges Foreclosed by Vincent v. Bondi Document status: The Tenth Circuit designated this...

Tenth Circuit: “Establishment-Claim” Lanham Act Liability for a Competitor’s Website Links and Vet-Education Materials—But Not for Independent Vets’ and Nonprofits’ Public Scientific Speech Absent Quid Pro Quo

Date: Jul 16, 2026

Tenth Circuit: “Establishment-Claim” Lanham Act Liability for a Competitor’s Website Links and Vet-Education Materials—But Not for Independent Vets’ and Nonprofits’ Public Scientific Speech Absent...

CDC’s Six-Month Dog Import Age Rule Upheld as a § 264(a) “Inspection” Measure (Not a § 265 Import Ban)

Date: Jul 16, 2026

CDC’s Six-Month Dog Import Age Rule Upheld as a § 264(a) “Inspection” Measure (Not a § 265 Import Ban) 1. Introduction Bruno Project Rescue, Inc. v. Centers for Disease Control and Prevention (1st...

State v. Mendez: Totality-of-Voir-Dire Review Preserves and Proves Actual Law-Enforcement Bias; Fuson Presumed-Prejudice Rule Reaffirmed

Date: Jul 16, 2026

State v. Mendez: Totality-of-Voir-Dire Review Preserves and Proves Actual Law-Enforcement Bias; Fuson Presumed-Prejudice Rule Reaffirmed I. Introduction In State v. Mendez (N.M. July 13, 2026), the...

SBA May Cap PPP Guarantees/Forgiveness by Corporate Group; Affiliated LLCs May Be Aggregated and Rule Is Not Retroactive to Pre-Rule Applications

Date: Jul 16, 2026

SBA May Cap PPP Guarantees/Forgiveness by Corporate Group; Affiliated LLCs May Be Aggregated and Rule Is Not Retroactive to Pre-Rule Applications 1. Introduction Case: Forest View Rehabilitation and...

PPP Corporate-Group Loan Caps Are Valid Under SBA Emergency Rulemaking and Do Not Create Retroactive Forgiveness Rights

Date: Jul 16, 2026

PPP Corporate-Group Loan Caps Are Valid Under SBA Emergency Rulemaking and Do Not Create Retroactive Forgiveness Rights 1. Introduction Oak Lawn Respiratory and Rehabilitation Center v. United States...

Issue Exhaustion and CAT Deferral: Waiver for Not Challenging “Particularly Serious Crime” Findings Before the BIA; Generalized Country Conditions and Non-Acquiescing Governments Do Not Suffice

Date: Jul 16, 2026

Issue Exhaustion and CAT Deferral: Waiver for Not Challenging “Particularly Serious Crime” Findings Before the BIA; Generalized Country Conditions and Non-Acquiescing Governments Do Not Suffice 1....

Rule 37 Sanctions in Parenting Cases: Courts May Limit Mental-Health Testimony to the Period Disclosed to the Parenting Evaluator

Date: Jul 16, 2026

Rule 37 Sanctions in Parenting Cases: Courts May Limit Mental-Health Testimony to the Period Disclosed to the Parenting Evaluator 1. Introduction Parenting of C.R.J. (Mont. 2026 MT 151) arises from...

Outdated-Record Limits on Supervised Parenting Time After Long Post-Hearing Delay

Date: Jul 16, 2026

Outdated-Record Limits on Supervised Parenting Time After Long Post-Hearing Delay Introduction Parenting of H.B.-S. (Mont. Sup. Ct. 2026 MT 156N) arose from a high-conflict parenting dispute between...