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

Gov.Bar R. I(17) Publication Requirement for Ohio Bar-Exam Applicants (2026-Ohio-2390)

Date: Jun 25, 2026

Gov.Bar R. I(17) Publication Requirement for Ohio Bar-Exam Applicants (2026-Ohio-2390) 1. Introduction In 06/24/2026 Administrative Actions, 2026-Ohio-2390 (Supreme Court of Ohio, June 24, 2026), the...

Contribution Under Oklahoma UCATA Requires Common Liability for the Same Legally Cognizable Injury—Insurance-Agent Misrepresentation Is Not the Same Injury as the Underlying Property Damage

Date: Jun 25, 2026

Contribution Under Oklahoma UCATA Requires Common Liability for the Same Legally Cognizable Injury—Insurance-Agent Misrepresentation Is Not the Same Injury as the Underlying Property Damage 1....

Border Officers Need Not Have “Clear and Convincing” Proof to Treat Returning LPRs as Applicants for Admission Based on “Committed” CIMT

Date: Jun 24, 2026

Border Officers Need Not Have “Clear and Convincing” Proof to Treat Returning LPRs as Applicants for Admission Based on “Committed” CIMT 1. Introduction Blanche, Acting Attorney General v. Lau (U.S....

Helms-Burton Abrogates FSIA Immunity for Cuban Instrumentalities Without Requiring an FSIA Exception

Date: Jun 24, 2026

Helms-Burton Abrogates FSIA Immunity for Cuban Instrumentalities Without Requiring an FSIA Exception Introduction Exxon Mobil Corp. v. Corporación Cimex, S. A. (Cuba) (609 U.S. ___ (2026)) arises...

Landor v. Louisiana Dept of Corrections and Public Safety — Spending Clause Consent Limits Personal-Capacity Liability

Date: Jun 24, 2026

New Rule: Spending Clause Statutes Cannot Impose Personal-Capacity Damages Liability on Nonconsenting State Employees I. Introduction Landor v. Louisiana Department of Corrections and Public Safety...

“Gender” Pleading Suffices for ELCRA Pregnancy Discrimination (Pre-2023), and a Dean’s Maternity-Leave-Linked Merit-Raise Rationale Supports an ELCRA Verdict

Date: Jun 24, 2026

“Gender” Pleading Suffices for ELCRA Pregnancy Discrimination (Pre-2023), and a Dean’s Maternity-Leave-Linked Merit-Raise Rationale Supports an ELCRA Verdict I. Introduction Case: Peng Guo v. Mich....

ELCRA Pregnancy Discrimination: “Gender” Pleading Suffices (Pre-2023) and Denial of a Merit Raise Tied to Maternity Leave Supports Liability

Date: Jun 24, 2026

ELCRA Pregnancy Discrimination: “Gender” Pleading Suffices (Pre-2023) and Denial of a Merit Raise Tied to Maternity Leave Supports Liability I. Introduction Peng Guo v. Mich. Tech. Univ. (6th Cir....

Standing for Declaratory Relief May Rest on Issue-Preclusive Effect Against Nonparty State Enforcers; Ex parte Young Does Not Allow “Liquidated-Damages Declarations” Against a State

Date: Jun 24, 2026

Standing for Declaratory Relief May Rest on Issue-Preclusive Effect Against Nonparty State Enforcers; Ex parte Young Does Not Allow “Liquidated-Damages Declarations” Against a State 1. Introduction...

Tenth Circuit Opens the Courthouse Door to Statutory Ultra Vires Challenges of Presidential Antiquities Act Proclamations

Date: Jun 24, 2026

Tenth Circuit Opens the Courthouse Door to Statutory Ultra Vires Challenges of Presidential Antiquities Act Proclamations 1. Introduction In Garfield County, Utah v. Trump (captioned in the district...

Judicial Review Is Available for Statutory Ultra Vires Challenges to Antiquities Act Proclamations When the Act Imposes Discernible Limits

Date: Jun 24, 2026

Judicial Review Is Available for Statutory Ultra Vires Challenges to Antiquities Act Proclamations When the Act Imposes Discernible Limits Case: Garfield County, Utah v. Trump (substitution noted...

Judgment Satisfaction by Victim-Restitution Offset Ends Federal Ancillary Jurisdiction Over Post-Judgment Challenges

Date: Jun 24, 2026

Judgment Satisfaction by Victim-Restitution Offset Ends Federal Ancillary Jurisdiction Over Post-Judgment Challenges 1. Introduction In Brooks v. Colorado Department of Corrections (10th Cir. June...

Perjury Under § 1623 Cannot Rest on “I Don’t Know” About Another’s Motives Absent a Foundation

Date: Jun 24, 2026

Perjury Under § 1623 Cannot Rest on “I Don’t Know” About Another’s Motives Absent a Foundation 1. Introduction United States v. Milliron (10th Cir. June 23, 2026) arose from a federal grand-jury...

Harmless-Error Framework for Taylor-Based § 924(c) Instructional Challenges When the Record Shows Completed Hobbs Act Robbery

Date: Jun 24, 2026

Harmless-Error Framework for Taylor-Based § 924(c) Instructional Challenges When the Record Shows Completed Hobbs Act Robbery 1. Introduction United States v. Bailey (10th Cir. June 23, 2026) is an...

Severe Migraines at Step Two Do Not Require Additional RFC Limits Where the ALJ’s Decision Adequately Discusses the Impairment and Substantial Evidence Supports Minimal Functional Impact

Date: Jun 24, 2026

Severe Migraines at Step Two Do Not Require Additional RFC Limits Where the ALJ’s Decision Adequately Discusses the Impairment and Substantial Evidence Supports Minimal Functional Impact I....

RFRA Permits a Total Supervised-Release Alcohol Ban Despite a Requested Sabbath Wine Exception When the Record Shows Any Drinking Predictably Triggers Dangerous Relapse

Date: Jun 24, 2026

RFRA Permits a Total Supervised-Release Alcohol Ban Despite a Requested Sabbath Wine Exception When the Record Shows Any Drinking Predictably Triggers Dangerous Relapse I. Introduction In United...

When the State Agrees an Atkins Claim Merits Review: Dissenting Call to Vacate Summary Dismissals of Subsequent Habeas Applications

Date: Jun 24, 2026

When the State Agrees an Atkins Claim Merits Review: Dissenting Call to Vacate Summary Dismissals of Subsequent Habeas Applications Case: Saldaño v. Texas (No. 25-5749) Court: Supreme Court of the...

Vineyard v. Bridges: Reaffirming COA Gatekeeping—Layered AEDPA Deference, Noncapital Lesser-Included Nonreviewability, and Oklahoma Rule 5.2(A) Procedural Default

Date: Jun 24, 2026

Vineyard v. Bridges: Reaffirming COA Gatekeeping—Layered AEDPA Deference, Noncapital Lesser-Included Nonreviewability, and Oklahoma Rule 5.2(A) Procedural Default 1. Introduction Case: Vineyard v....

Facially Sufficient Venue Allegations Bar Pretrial Dismissal of a Money-Laundering Conspiracy Charge; Venue, Single-Conspiracy, and Intent May Be Proven Through Co-Conspirator Acts, Rule 404(b) Convictions, and Deliberate-Ignorance Evidence

Date: Jun 24, 2026

Facially Sufficient Venue Allegations Bar Pretrial Dismissal of a Money-Laundering Conspiracy Charge; Venue, Single-Conspiracy, and Intent May Be Proven Through Co-Conspirator Acts, Rule 404(b)...

People v. Gerle (2026 CO 53): Prior Sexual BDSM Texts Are Irrelevant to Consent/Intent in Non-Sexual Assault and False Imprisonment Absent Similarity and a Case-Specific Nexus

Date: Jun 24, 2026

People v. Gerle (2026 CO 53): Prior Sexual BDSM Texts Are Irrelevant to Consent/Intent in Non-Sexual Assault and False Imprisonment Absent Similarity and a Case-Specific Nexus Court: Colorado Supreme...

Colorado Economic Loss Rule: Stand-Alone Sequential Contracts Do Not Create an “Interrelated Network”; Fraudulent Inducement Remains an Independent Tort

Date: Jun 24, 2026

Colorado Economic Loss Rule: Stand-Alone Sequential Contracts Do Not Create an “Interrelated Network”; Fraudulent Inducement Remains an Independent Tort 1. Introduction Veolia Water Technologies,...