actual-knowledge-is-awareness-of-the-hazard-itself Case Commentaries

Statutory Zoning Appeal Is the Exclusive Remedy for Procedural and Conflict-of-Interest Challenges to County Rezoning Decisions

Date: Jun 26, 2026

Statutory Zoning Appeal Is the Exclusive Remedy for Procedural and Conflict-of-Interest Challenges to County Rezoning Decisions 1. Introduction Case: Danduran v. Eddy Cty. Zoning Bd., 2026 ND 125...

Prospective Suspension of Pendente Lite Child Support for Parental Alienation Under Judge-Made Law (Not DRL § 241)

Date: Jun 26, 2026

Prospective Suspension of Pendente Lite Child Support for Parental Alienation Under Judge-Made Law (Not DRL § 241) 1. Introduction Rosenfeld v Rosenfeld (2026 NY Slip Op 04048 [1st Dept June 25,...

Rule 60(b)(1) Cannot Reopen Jurisdictional Findings After the Time to Appeal, or Serve as a Vehicle to Relitigate Admiralty Jurisdiction

Date: Jun 25, 2026

Rule 60(b)(1) Cannot Reopen Jurisdictional Findings After the Time to Appeal, or Serve as a Vehicle to Relitigate Admiralty Jurisdiction Introduction Thibodeaux v. Bernhard (5th Cir. June 22, 2026)...

Fifth Circuit Narrows “Benefits-on-Pause” Threat Theory and Reaffirms Limits on Animus Inferences and Election-Order Review

Date: Jun 25, 2026

Fifth Circuit Narrows “Benefits-on-Pause” Threat Theory and Reaffirms Limits on Animus Inferences and Election-Order Review I. Introduction Starbucks Corporation petitioned for review of an order of...

Addressing the “Central Thesis” of Mitigation Suffices for Procedural Reasonableness of an Upward-Variance Sentence

Date: Jun 25, 2026

Addressing the “Central Thesis” of Mitigation Suffices for Procedural Reasonableness of an Upward-Variance Sentence Introduction In United States v. Kovacs Kieron Troutman (4th Cir. June 23, 2026)...

Peacock Applied to WARN Act and ERISA: No Federal Jurisdiction for Post‑Judgment Veil‑Piercing Against a Non‑Liable Third Party

Date: Jun 25, 2026

Peacock Applied to WARN Act and ERISA: No Federal Jurisdiction for Post‑Judgment Veil‑Piercing Against a Non‑Liable Third Party I. Introduction Tony Messer v. Garrison Investment Group, LP is a...

“Derivations” in Patent Royalty Definitions Require Origin-Lineage, Not Mere Shared Source Code (Virginia Contract Law)

Date: Jun 25, 2026

“Derivations” in Patent Royalty Definitions Require Origin-Lineage, Not Mere Shared Source Code (Virginia Contract Law) Case: Vir2us, Inc. v. Sophos Inc. (4th Cir. June 23, 2026) (unpublished) | Law:...

Rumor-Based Cartel Fear and Long-Past Family Harm Do Not Establish Withholding/CAT, and Economic/IEP Concerns Do Not Meet “Exceptional and Extremely Unusual Hardship”

Date: Jun 25, 2026

Rumor-Based Cartel Fear and Long-Past Family Harm Do Not Establish Withholding/CAT, and Economic/IEP Concerns Do Not Meet “Exceptional and Extremely Unusual Hardship” I. Introduction In Manjel Arturo...

Flight-Discarded Contraband Is Abandoned (and Public Surveillance Footage Is Independently Sourced) Even If the Later Detention Is Unlawful

Date: Jun 25, 2026

Flight-Discarded Contraband Is Abandoned (and Public Surveillance Footage Is Independently Sourced) Even If the Later Detention Is Unlawful Introduction In United States v. Kendre Cain (3d Cir. June...

Documentation-Driven UIM Claim Valuation Constitutes a “Reasonable Basis” That Defeats Pennsylvania Bad-Faith Liability Under 42 Pa. C.S. § 8371

Date: Jun 25, 2026

Documentation-Driven UIM Claim Valuation Constitutes a “Reasonable Basis” That Defeats Pennsylvania Bad-Faith Liability Under 42 Pa. C.S. § 8371 1. Introduction In Jenna Ockford v. Encompass...

ERISA Prudence in the Third Circuit: A Prudent Monitoring Process Defeats Underperformance Claims at Summary Judgment

Date: Jun 25, 2026

ERISA Prudence in the Third Circuit: A Prudent Monitoring Process Defeats Underperformance Claims at Summary Judgment I. Introduction Lawanda Lasha House Johnson, et al. v. Quest Diagnostics Inc., et...

Second Circuit: § 1201(a)(1) “Death Results” Requires But-For Causation, Not Proximate Cause

Date: Jun 25, 2026

Second Circuit: 18 U.S.C. § 1201(a)(1) “Death Results” Requires But-For Causation, Not Proximate Cause 1. Introduction In United States v. Parks (2d Cir. June 24, 2026), Edward Michael Parks appealed...

Referral Specialists Are Not State Actors Absent State Control: Seventh Circuit Reaffirms Limits of § 1983 Liability for Private Prisoner Care

Date: Jun 25, 2026

Referral Specialists Are Not State Actors Absent State Control: Seventh Circuit Reaffirms Limits of § 1983 Liability for Private Prisoner Care 1. Introduction In Denon Taylor v. Samuel Byrd (7th Cir....

Seventh Circuit Tightens TCPA Vicarious Liability: Subagency Requires Authority at Each Delegation Level; Treble Damages Require Knowing or Reckless Violations

Date: Jun 25, 2026

Seventh Circuit Tightens TCPA Vicarious Liability: Subagency Requires Authority at Each Delegation Level; Treble Damages Require Knowing or Reckless Violations I. Introduction Parties. Robert...

Dismissal of a Mis-Pleaded “Genericness” Affirmative Defense Does Not Bar Merits Review of Trademark Distinctiveness; Non-Generic Use Evidence Cannot Be Discarded Based on Market Uniqueness

Date: Jun 25, 2026

Dismissal of a Mis-Pleaded “Genericness” Affirmative Defense Does Not Bar Merits Review of Trademark Distinctiveness; Non-Generic Use Evidence Cannot Be Discarded Based on Market Uniqueness Case:...

Functional Permanency Under the PLRA: Systemwide Mental-Health Injunctions Are Appealable and Must Be Narrowly Tailored to the Constitutional Floor

Date: Jun 25, 2026

Functional Permanency Under the PLRA: Systemwide Mental-Health Injunctions Are Appealable and Must Be Narrowly Tailored to the Constitutional Floor 1) Introduction This Eleventh Circuit decision...

Upward Variances Require Specific, Case-Linked Explanations Under 18 U.S.C. § 3553(c)(2)

Date: Jun 25, 2026

Upward Variances Require Specific, Case-Linked Explanations Under 18 U.S.C. § 3553(c)(2) Case: United States v. Maggie Moore (11th Cir. June 24, 2026) (per curiam) (not for publication) Topic:...

Prolonged Forced Nudity During Warrant Execution: Fourth Amendment Bodily-Privacy Violation, Supervisory Liability Without Qualified Immunity, and Florida Negligence Claim Preserved by Notice Pleading

Date: Jun 25, 2026

Prolonged Forced Nudity During Warrant Execution: Fourth Amendment Bodily-Privacy Violation, Supervisory Liability Without Qualified Immunity, and Florida Negligence Claim Preserved by Notice...

Probable Cause from Evasive/Furtive Conduct and Text-Based Application of U.S.S.G. § 2K2.1(b)(6)(B) Without Reliance on Application Note 14(B)

Date: Jun 25, 2026

Probable Cause from Evasive/Furtive Conduct and Text-Based Application of U.S.S.G. § 2K2.1(b)(6)(B) Without Reliance on Application Note 14(B) Case: United States v. Jojuan Lindsey (11th Cir. June...

Mississippi Expands Bar-Discipline Jurisdiction to Unlicensed Service-Providers and Creates a Permanent Attorney Registry (Effective July 1, 2026)

Date: Jun 25, 2026

Mississippi Expands Bar-Discipline Jurisdiction to Unlicensed Service-Providers and Creates a Permanent Attorney Registry (Effective July 1, 2026) Introduction Case: In Re: Rules of Discipline for...