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

OCPA Deadlines Enforced: A Motion Is Denied by Operation of Law 30 Days After a Hearing Unless the Court Expressly Extends the Hearing Date

Date: Sep 16, 2026

OCPA Deadlines Enforced: A Motion Is Denied by Operation of Law 30 Days After a Hearing Unless the Court Expressly Extends the Hearing Date I. Introduction Rivero v. Stahlheber, 2026 OK 63 (Okla....

Post-Conviction Summary Dismissal Reversed: A Petitioner’s Admissible Affidavit Can Create a Material Fact Dispute Over Counsel’s Failure to Convey Plea Acceptance

Date: Sep 16, 2026

Post-Conviction Summary Dismissal Reversed: A Petitioner’s Admissible Affidavit Can Create a Material Fact Dispute Over Counsel’s Failure to Convey Plea Acceptance Case: Ennis Jr. v. State of Idaho...

Untimely Postprimary Candidate-Qualification Protests Cannot Use R.C. 3501.39(A)(2) to Evade R.C. 3513.05; Boards Lack Late Sua Sponte Power Under R.C. 3501.39(A)(4)

Date: Sep 16, 2026

Untimely Postprimary Candidate-Qualification Protests Cannot Use R.C. 3501.39(A)(2) to Evade R.C. 3513.05; Boards Lack Late Sua Sponte Power Under R.C. 3501.39(A)(4) I. Introduction Case: State ex...

Homogenous Per-Share Merger-Damages Settlements May Proceed Under Rule 23(b)(1)/(b)(2) Without Mandatory Opt-Out; Celera Opt-Out Remains an Exceptional, Discretionary Remedy

Date: Sep 16, 2026

Homogenous Per-Share Merger-Damages Settlements May Proceed Under Rule 23(b)(1)/(b)(2) Without Mandatory Opt-Out; Celera Opt-Out Remains an Exceptional, Discretionary Remedy Case: IsZo Capital LP v....

Unobjected-to Instructional Errors on Uncontested Issues Do Not Constitute Plain Error (and “Eluding” Need Not End When Police Call Off a Chase)

Date: Sep 16, 2026

Unobjected-to Instructional Errors on Uncontested Issues Do Not Constitute Plain Error (and “Eluding” Need Not End When Police Call Off a Chase) Case: People v. Jeffery Sloan, 2026 CO 63 (Colo. Sept....

Amended Pleadings Revive a Waived Civil Jury Demand Only When They Add New Triable Issues (Not New Theories or Clarifications)

Date: Sep 16, 2026

Amended Pleadings Revive a Waived Civil Jury Demand Only When They Add New Triable Issues (Not New Theories or Clarifications) 1. Introduction In SCP 3330 Brighton v. Mountain Cement, 2026 CO 62...

Terran Sanchez v. People (2026 CO 60): COLJI-Crim. E:03 (2022) “Firmly Convinced / Real Possibility” Reasonable-Doubt Instruction Upheld as Constitutional

Date: Sep 16, 2026

COLJI-Crim. E:03 (2022) “Firmly Convinced / Real Possibility” Reasonable-Doubt Instruction Is Constitutional and Does Not Shift or Lower the Burden of Proof Case: Terran Sanchez v. People, 2026 CO 60...

Rule 56(f) Requires Discovery Before Summary Judgment on Fact-Intensive Equitable Defenses to Condominium Covenant Enforcement

Date: Sep 16, 2026

Rule 56(f) Requires Discovery Before Summary Judgment on Fact-Intensive Equitable Defenses to Condominium Covenant Enforcement Case: Sea Breeze Condominiums & Resort Owners' Association, Inc. v....

Insufficient Implementation Time Can Render a Postal Election-Mail Rule Arbitrary and Capricious Under the APA (Stay Denied)

Date: Sep 16, 2026

Insufficient Implementation Time Can Render a Postal Election-Mail Rule Arbitrary and Capricious Under the APA (Stay Denied) 1. Introduction United States Postal Service, et al. v. California, et al....

Wyoming Presentence Credit Rule for Out-of-State Confinement on Independent Charges & Notice-of-Appeal Jurisdiction for Post-Notice Orders

Date: Sep 16, 2026

Out-of-State Jail Time Is Not Credited When Independent Charges Would Have Kept the Defendant Confined; Post-Notice Orders Require a Separate/Amended Notice of Appeal Brian Joseph Melber v. The State...

Procedural Due Process for Municipal Trespass Warnings Requires a Meaningful, Standards-Guided Post-Deprivation Appeal—Even When Substantive Due Process Fails

Date: Sep 16, 2026

Procedural Due Process for Municipal Trespass Warnings Requires a Meaningful, Standards-Guided Post-Deprivation Appeal—Even When Substantive Due Process Fails I. Introduction Case: Jesse Lee v. City...

Mootness Remand Under FRAP 12.1(b): Vacatur of a Preliminary Injunction to Eliminate Appellate Jurisdiction

Date: Sep 16, 2026

Mootness Remand Under FRAP 12.1(b): Vacatur of a Preliminary Injunction to Eliminate Appellate Jurisdiction Introduction American Academy of Pediatrics v. James Uthmeier (7th Cir. Sept. 14, 2026) is...

United States v. Burton: § 1591(c) as an Alternative Mens Rea Means (No Unanimity Required) and “Purpose” to Produce Under § 2251(a)

Date: Sep 16, 2026

United States v. Burton: § 1591(c) as an Alternative Mens Rea Means (No Unanimity Required) and “Purpose” to Produce Under § 2251(a) 1. Introduction In United States v. Dontae D. Burton (11th Cir....

Bergin v. N.Y. State Unified Court System: The Second Circuit Aligns Title VII Religious-Accommodation Prima Facie Proof with Abercrombie’s Motivating-Factor Standard

Date: Sep 16, 2026

Bergin v. N.Y. State Unified Court System: The Second Circuit Aligns Title VII Religious-Accommodation Prima Facie Proof with Abercrombie’s Motivating-Factor Standard 1. Introduction In Bergin v....

Second Circuit Adopts Hunt Test for Associational Standing Under § 1983 and Overrules Aguayo

Date: Sep 16, 2026

Second Circuit Adopts Hunt Test for Associational Standing Under § 1983 and Overrules Aguayo Case: Defending Education v. Croton-Harmon Union Free School District Court: U.S. Court of Appeals for the...

General Relevance/Prejudice Evidentiary Rulings Do Not “Subsume” a Confrontation Clause Claim Under AEDPA; Precluding the Prior Brady-Misconduct Narrative Can Still Permit Meaningful Cross-Examination and a Complete Defense

Date: Sep 16, 2026

General Relevance/Prejudice Evidentiary Rulings Do Not “Subsume” a Confrontation Clause Claim Under AEDPA; Precluding the Prior Brady-Misconduct Narrative Can Still Permit Meaningful...

Florida Building Code “Permit-Vesting” Rule: The Code in Effect on the Permit Application Date Governs for the Life of the Permit (and Later Code Editions Do Not Create Contract or § 553.84 Liability)

Date: Sep 16, 2026

Florida Building Code “Permit-Vesting” Rule: The Code in Effect on the Permit Application Date Governs for the Life of the Permit (and Later Code Editions Do Not Create Contract or § 553.84...

Late-Disclosed Key Witness May Be Excluded Under Rule 37 and Fees Awarded; Performance-Based Termination Defeats ADEA/FRCA and “Leaving” Announcement Is Not Defamatory

Date: Sep 16, 2026

Late-Disclosed Key Witness May Be Excluded Under Rule 37 and Fees Awarded; Performance-Based Termination Defeats ADEA/FRCA and “Leaving” Announcement Is Not Defamatory I. Introduction In John Lapikas...

Qualified Immunity Bars § 1983 Claims for Brief Detention of a Shooting Witness Absent Clearly Established Law; Pro Se Dismissals Under Rule 12(b)(6) Generally Require at Least One Opportunity to Amend

Date: Sep 16, 2026

Qualified Immunity Bars § 1983 Claims for Brief Detention of a Shooting Witness Absent Clearly Established Law; Pro Se Dismissals Under Rule 12(b)(6) Generally Require at Least One Opportunity to...

Amendment 833 Is Substantive and Non-Retroactive; Pre-Amendment § 3B1.2 Minor-Role Claims Remain Governed by De Varon

Date: Sep 16, 2026

Amendment 833 Is Substantive and Non-Retroactive; Pre-Amendment § 3B1.2 Minor-Role Claims Remain Governed by De Varon 1. Introduction In United States v. Rafael Gutierrez (11th Cir. Sept. 14, 2026)...