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

Credible Innocence Showing Required to Withdraw a Guilty Plea; Bare National Statistics Do Not Establish Unwarranted Sentencing Disparity

Date: Jun 22, 2026

Credible Innocence Showing Required to Withdraw a Guilty Plea; Bare National Statistics Do Not Establish Unwarranted Sentencing Disparity 1. Introduction In United States v. Miller (10th Cir. June...

Preston v. Hiraoka: Meaningful Appellate Review Requires Kelepolo-Based Consideration of Bond or Alternative Security to Stay Ejectment Possession Judgments

Date: Jun 22, 2026

Preston v. Hiraoka: Meaningful Appellate Review Requires Kelepolo-Based Consideration of Bond or Alternative Security to Stay Ejectment Possession Judgments I. Introduction Preston v. Hiraoka (Haw....

Hawaiʻi Guardianship Termination: Parental Presumption Survives Consent; Unfitness Requires Clear and Convincing Proof

Date: Jun 22, 2026

Hawaiʻi Guardianship Termination: Parental Presumption Survives Consent; Unfitness Requires Clear and Convincing Proof Case: In the Matter of the Guardianship of I.W. and T.E., SCWC-23-0000356 (Haw....

MISS DIG Act Claims Against Governmental Agencies: Public Service Commission Process Is the Sole Immunity-Avoiding Remedy; SDSE Amendment Requires Pleading Notice Compliance

Date: Jun 22, 2026

MISS DIG Act Claims Against Governmental Agencies: Public Service Commission Process Is the Sole Immunity-Avoiding Remedy; SDSE Amendment Requires Pleading Notice Compliance Case: Brian Zezula v....

Abusive Sexual Contact Is “Granular”: Lesser-Included Instructions Must Track the Same Touching, Not a Different Act

Date: Jun 22, 2026

Abusive Sexual Contact Is “Granular”: Lesser-Included Instructions Must Track the Same Touching, Not a Different Act Case: United States v. MacLean (10th Cir. June 18, 2026) (Order and Judgment,...

Substantial Influence Over Government Contracting Triggers the “Sensitive Position” Bribery Enhancement and Treats Fraudulent Change Orders as “Benefit” Under the Guidelines

Date: Jun 22, 2026

Substantial Influence Over Government Contracting Triggers the “Sensitive Position” Bribery Enhancement and Treats Fraudulent Change Orders as “Benefit” Under the Guidelines Introduction In United...

When “Concurrent Sentences” in a Plea Deal Is Only a Rule 11(e)(1)(B) Recommendation (Not a Rule 11(e)(1)(C) Specific-Sentence Agreement)

Date: Jun 22, 2026

When “Concurrent Sentences” in a Plea Deal Is Only a Rule 11(e)(1)(B) Recommendation (Not a Rule 11(e)(1)(C) Specific-Sentence Agreement) Case: Michael Scott Hughes v. The State of Wyoming Citation:...

Citizen Initiatives Cannot Amend Planned Unit Development (PUD) Agreements: PUD Amendments Are Administrative, Not Legislative

Date: Jun 22, 2026

Citizen Initiatives Cannot Amend Planned Unit Development (PUD) Agreements: PUD Amendments Are Administrative, Not Legislative Case: Kavanaugh v. Telluride Locals Coal. Petitioners' Comm., 2026 CO 47...

Colorado Recognizes a Narrow Self-Defense Public-Policy Exception to At-Will Employment

Date: Jun 22, 2026

Colorado Recognizes a Narrow Self-Defense Public-Policy Exception to At-Will Employment Case: Moreno v. Circle K Stores, Inc., 2026 CO 46, 25SA134 (Colo. Jun 15, 2026) Court: Colorado Supreme Court...

CAFA Mass-Action “Local Event or Occurrence” Exception Is Jurisdictional and Turns on the Injury-Causing Event

Date: Jun 22, 2026

CAFA Mass-Action “Local Event or Occurrence” Exception Is Jurisdictional and Turns on the Injury-Causing Event Case: Tushawn Craig v. City of Richmond, Indiana (7th Cir. June 18, 2026) Court: United...

Email-Initiated Transfer Fraud Exclusion Applies to Fraudulent Instructions Sent to the Insured, Even When Sent Internally from a Compromised Employee Account

Date: Jun 22, 2026

Email-Initiated Transfer Fraud Exclusion Applies to Fraudulent Instructions Sent to the Insured, Even When Sent Internally from a Compromised Employee Account Introduction Office of the Special...

Hensley “Results Obtained” Allows Across-the-Board Lodestar Cuts Even for Interrelated Claims When Success Is Limited

Date: Jun 22, 2026

Hensley “Results Obtained” Allows Across-the-Board Lodestar Cuts Even for Interrelated Claims When Success Is Limited Immanuel Baptist Church v. City of Chicago (7th Cir. June 18, 2026)...

AIR 21 Petitions Must Be Received Within 60 Days: Mailing, E-Filing Rules, and the Limits of Equitable Tolling

Date: Jun 22, 2026

AIR 21 Petitions Must Be Received Within 60 Days: Mailing, E-Filing Rules, and the Limits of Equitable Tolling 1. Introduction Soma G. Priddle v. LABR is a Seventh Circuit petition-for-review case...

FHA Claims Falter When Housing Is Offered and Withdrawn: Disparate-Impact Requires Statistical Causation; Retaliation Requires Adverse Interference; Standing Requires Concrete Denial, Not Stigma

Date: Jun 22, 2026

FHA Claims Falter When Housing Is Offered and Withdrawn: Disparate-Impact Requires Statistical Causation; Retaliation Requires Adverse Interference; Standing Requires Concrete Denial, Not Stigma 1....

Essential-Term Certainty and Proof of Reliance: Limits on Contract, Fraud, and “Advisory” Misrepresentation Claims in Pre-Contract Collaborations

Date: Jun 22, 2026

Essential-Term Certainty and Proof of Reliance: Limits on Contract, Fraud, and “Advisory” Misrepresentation Claims in Pre-Contract Collaborations Case: Peters Broadcast Engineering, Inc. v. PEM...

Title IX Covers Emasculatory Same-Sex Hazing and Attempted Sexual Assault in School Athletics

Date: Jun 22, 2026

Title IX Covers Emasculatory Same-Sex Hazing and Attempted Sexual Assault in School Athletics Case: C. W. v. Steve Smith (No. 24-12547) Court: United States Court of Appeals for the Eleventh Circuit...

General FBI–Foreign Cooperation Is Not Enough: Specific Allegations of U.S. Control or Substantial Participation Are Required to Earn a Suppression Hearing Under the “Joint Venture” Doctrine

Date: Jun 22, 2026

General FBI–Foreign Cooperation Is Not Enough: Specific Allegations of U.S. Control or Substantial Participation Are Required to Earn a Suppression Hearing Under the “Joint Venture” Doctrine 1....

§ 2255 “Second or Successive” Motions: A Post-Resentencing Amended Judgment Is a New, Intervening Judgment (No Claim-by-Claim Bar)

Date: Jun 22, 2026

§ 2255 “Second or Successive” Motions: A Post-Resentencing Amended Judgment Is a New, Intervening Judgment (No Claim-by-Claim Bar) I. Introduction In Antonio U. Akel v. United States (11th Cir. June...

Email-Assented Mediated Settlements Are Enforceable and Admissible Despite Mediation Confidentiality; Mediators May Testify to Settlement Existence Under Georgia Law

Date: Jun 22, 2026

Email-Assented Mediated Settlements Are Enforceable and Admissible Despite Mediation Confidentiality; Mediators May Testify to Settlement Existence Under Georgia Law Introduction Mark D. Weissman and...

Express-Contract Coverage Bars Quantum Meruit and Eliminates Fee Recovery Under Section 38.001

Date: Jun 20, 2026

Express-Contract Coverage Bars Quantum Meruit and Eliminates Fee Recovery Under Section 38.001 I. Introduction In CHAMPION FOOD SERVICE, INC. AND CHAMPION FOOD SERVICE 2, INC. v. PROALAMO FOODS,...