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

Reaffirming § 922(g)(1)’s Second Amendment Constitutionality and Clarifying “Apples-to-Apples” Proof for Sentencing Disparity Claims

Date: Jun 23, 2026

Reaffirming § 922(g)(1)’s Second Amendment Constitutionality and Clarifying “Apples-to-Apples” Proof for Sentencing Disparity Claims I. Introduction In United States v. Tocorey Jamel Gibbs (11th Cir....

Timely Prison-Mailbox Motions to Modify Filing Injunctions Must Be Decided on the Merits (Not Recast as Rule 59(e) Reconsideration)

Date: Jun 23, 2026

Timely Prison-Mailbox Motions to Modify Filing Injunctions Must Be Decided on the Merits (Not Recast as Rule 59(e) Reconsideration) Case: Waseem Daker v. Timothy Ward, No. 24-13121 (11th Cir. June...

Unpreserved ACCA “Separate Occasions” Jury-Right Claims After Erlinger Are Reviewed for Plain Error, and Relief Requires Showing a Reasonable Probability of Fewer Than Three Occasions

Date: Jun 23, 2026

Unpreserved ACCA “Separate Occasions” Jury-Right Claims After Erlinger Are Reviewed for Plain Error, and Relief Requires Showing a Reasonable Probability of Fewer Than Three Occasions I. Introduction...

Licensed-But-Misclassified Contractors: Alabama Declines to Void Contracts Absent True Nonlicensure and Reaffirms “Substantial Compliance”

Date: Jun 23, 2026

Licensed-But-Misclassified Contractors: Alabama Declines to Void Contracts Absent True Nonlicensure and Reaffirms “Substantial Compliance” I. Introduction In Construction Services, LLC v....

700 Pharm. v. Bur of WC (State Workers' Ins. Fund): “Goods or Services” as a Modifier, Not a Standalone Anti-Referral Ban

Date: Jun 23, 2026

“Goods or Services” as a Modifier, Not a Standalone Anti-Referral Ban Under 77 P.S. § 531(3)(iii) 1. Introduction 700 Pharm. v. Bur of WC (State Workers' Ins. Fund) (Pa. June 16, 2026) arises from...

Hunter v. United States: The “Miscarriage of Justice” Limit on Enforcing Sentencing Appeal Waivers

Date: Jun 23, 2026

Hunter v. United States: The “Miscarriage of Justice” Limit on Enforcing Sentencing Appeal Waivers Court: U.S. Supreme Court | Date: June 18, 2026 | Citation: 608 U. S. ___ (2026) 1. Introduction...

Punctuation as Text: “Goods” and “Services” as Standalone Prohibitions in Pennsylvania’s Workers’ Compensation Anti-Referral Statute

Date: Jun 23, 2026

Punctuation as Text: “Goods” and “Services” as Standalone Prohibitions in Pennsylvania’s Workers’ Compensation Anti-Referral Statute 1. Introduction In 700 Pharm. v. Bur of WC (State Workers' Ins....

“Goods or Services” as a Modifier: Pennsylvania Narrows the Workers’ Compensation Act’s Anti‑Self‑Referral Ban to Enumerated Categories

Date: Jun 23, 2026

“Goods or Services” as a Modifier: Pennsylvania Narrows the Workers’ Compensation Act’s Anti‑Self‑Referral Ban to Enumerated Categories 1. Introduction In 700 Pharm. v. Bur of WC (State Workers' Ins....

Deficiency Judgments Cannot Revive Notes Under 12 O.S. § 101; Mortgage Liens Extinguish When Note Limitations Expire After Merger into Judgment

Date: Jun 23, 2026

Deficiency Judgments Cannot Revive Notes Under 12 O.S. § 101; Mortgage Liens Extinguish When Note Limitations Expire After Merger into Judgment I. Introduction RCB BANK v. STITT, 2026 OK 49 (Okla....

Sixth Circuit: An ALJ May Discount a Consultative Mental-Health Opinion as “Unpersuasive” When It Relies Largely on Subjective Complaints and Conflicts with Largely Unremarkable Mental-Status Evidence, So Long as Supportability and Consistency Are Explained

Date: Jun 23, 2026

Sixth Circuit: An ALJ May Discount a Consultative Mental-Health Opinion as “Unpersuasive” When It Relies Largely on Subjective Complaints and Conflicts with Largely Unremarkable Mental-Status...

Ordinary Bureaucratic Delay and Discretionary Land-Use Approvals Do Not Create Due Process or Takings Liability; “Cat’s Paw” Does Not Substitute for Monell Policymaker Proof

Date: Jun 23, 2026

Ordinary Bureaucratic Delay and Discretionary Land-Use Approvals Do Not Create Due Process or Takings Liability; “Cat’s Paw” Does Not Substitute for Monell Policymaker Proof 1. Introduction In...

Ohio Redefines “Harborer” Under R.C. 955.28(B): Strict Liability Requires Sheltering, Protecting, or Exercising Control Over the Dog

Date: Jun 23, 2026

Ohio Redefines “Harborer” Under R.C. 955.28(B): Strict Liability Requires Sheltering, Protecting, or Exercising Control Over the Dog 1. Introduction In L.H. v. Sun Secured Financing, L.L.C., Slip...

Post-Bindover Adult-Court Jurisdiction Extends to All Indicted Offenses; “Mental Age” Does Not Create a Habeas Jurisdictional Defect

Date: Jun 23, 2026

Post-Bindover Adult-Court Jurisdiction Extends to All Indicted Offenses; “Mental Age” Does Not Create a Habeas Jurisdictional Defect 1) Introduction Case: State ex rel. Wade v. Shoop, Slip Opinion...

Clay v. State — Reaffirming Delaware’s “Fair and Just Reason” Standard for Presentence Guilty-Plea Withdrawal Under Rule 32(d)

Date: Jun 23, 2026

Clay v. State — Reaffirming Delaware’s “Fair and Just Reason” Standard for Presentence Guilty-Plea Withdrawal Under Rule 32(d) 1. Introduction Clay v. State (Del. June 22, 2026) arose from a...

“In Means In”: HRS § 711-1110.9(1)(a) Requires the Recording Device (or Its Use) to Occur Inside the Private Place

Date: Jun 23, 2026

“In Means In”: HRS § 711-1110.9(1)(a) Requires the Recording Device (or Its Use) to Occur Inside the Private Place Case: State v. Kaakimaka (Haw. Sup. Ct. June 22, 2026, SCWC-22-0000690) (opinion by...

Occurrence-First Coverage Analysis and a Narrower Business Exclusion: Limiting Homeowners Coverage Defeat to the Insured’s Own Continuous, Profit-Motivated Activity

Date: Jun 23, 2026

Occurrence-First Coverage Analysis and a Narrower Business Exclusion: Limiting Homeowners Coverage Defeat to the Insured’s Own Continuous, Profit-Motivated Activity 1. Introduction This separate...

Rooker-Feldman Applies to State Judgments Even While State Appeals Remain Pending

Date: Jun 22, 2026

Rooker-Feldman Applies to State Judgments Even While State Appeals Remain Pending Case: T. M. v. University of Maryland Medical System Corporation et al. (608 U. S. ___ (2026)) Court: U.S. Supreme...

Rooker-Feldman Applies to Appealable State Judgments: Federal District Courts Lack Jurisdiction Even While State Appeals Are Pending

Date: Jun 22, 2026

Rooker-Feldman Applies to Appealable State Judgments: Federal District Courts Lack Jurisdiction Even While State Appeals Are Pending Case: T. M. v. University of Md. Medical System Corporation (U.S....

United States v. Hemani (2026): The Second Amendment Forbids Automatic Disarmament of “Unlawful Users” Absent a Historically Rooted, Processed, Danger-Based Analogue

Date: Jun 22, 2026

United States v. Hemani (2026): The Second Amendment Forbids Automatic Disarmament of “Unlawful Users” Absent a Historically Rooted, Processed, Danger-Based Analogue Court: U.S. Supreme Court Date:...

Hunter v. United States (2026): Appeal-Waiver Enforcement Is Barred When It Would Cause a “Miscarriage of Justice”

Date: Jun 22, 2026

Appeal-Waiver “Miscarriage of Justice” Safety Valve Case: Hunter v. United States, 608 U. S. ___ (2026) (Decided June 18, 2026) Court: U.S. Supreme Court | Disposition: Vacated and remanded New rule...