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

Post-Removal Hair Follicle Tests Are Relevant at Neglect Adjudication When They Encompass the Petition Date

Date: Jun 22, 2026

Post-Removal Hair Follicle Tests Are Relevant at Neglect Adjudication When They Encompass the Petition Date 1. Introduction Case: In the Interest Of: AC and BI, Minor Children, JC v. The State of...

Seventh Circuit: Below-Guidelines Sentences Satisfy § 3553(a)(6), and “Risk-Notification” Supervised-Release Conditions Must Be Specifically Defined

Date: Jun 22, 2026

Seventh Circuit: Below-Guidelines Sentences Satisfy § 3553(a)(6), and “Risk-Notification” Supervised-Release Conditions Must Be Specifically Defined I. Introduction In United States v. Daniel Quiggle...

Upholding a Residence-Based Animal-Contact Ban as a Tailored Special Condition of Supervised Release

Date: Jun 22, 2026

Upholding a Residence-Based Animal-Contact Ban as a Tailored Special Condition of Supervised Release 1. Introduction In United States v. Emily Sahara Lau (11th Cir. 2026-06-17) (unpublished), the...

Equitable Tolling of the 90-Day Motion-to-Reopen Deadline Requires Explained, Continuous Reasonable Diligence—Later “Urgency” After a Removal Notice Is Too Late

Date: Jun 22, 2026

Equitable Tolling of the 90-Day Motion-to-Reopen Deadline Requires Explained, Continuous Reasonable Diligence—Later “Urgency” After a Removal Notice Is Too Late I. Introduction In Oscar Garcia-Islas...

Restitution Under 18 U.S.C. § 2259: Minimal-Indicia Reliability Suffices; Arithmetic Errors Correctable Without Undermining the Award

Date: Jun 22, 2026

Restitution Under 18 U.S.C. § 2259: Minimal-Indicia Reliability Suffices; Arithmetic Errors Correctable Without Undermining the Award Case: United States v. Matherne (5th Cir. June 18, 2026) (per...

Silencers Are Second Amendment “Arms,” but NFA § 5861(d) Challenges Fail Absent Proof a Shall-Issue Regime Is “Put Toward Abusive Ends”

Date: Jun 22, 2026

Silencers Are Second Amendment “Arms,” but NFA § 5861(d) Challenges Fail Absent Proof a Shall-Issue Regime Is “Put Toward Abusive Ends” I. Introduction United States v. Comeaux (5th Cir. June 18,...

Ordinary (Not Maximum) Diligence Governs Post-Limitations Service Under Texas Law; Brief Process-Server Delays Usually Create a Fact Issue

Date: Jun 22, 2026

Ordinary (Not Maximum) Diligence Governs Post-Limitations Service Under Texas Law; Brief Process-Server Delays Usually Create a Fact Issue Introduction Larkins v. S.D.P. Manufacturing (5th Cir. June...

Revocation Imprisonment Under § 3583(e)(3) Is Not Capped by the Underlying Offense’s Statutory Maximum; Successive Revocations Do Not Moot an Earlier Revocation Appeal While Supervised Release Remains Modifiable

Date: Jun 22, 2026

Revocation Imprisonment Under § 3583(e)(3) Is Not Capped by the Underlying Offense’s Statutory Maximum; Successive Revocations Do Not Moot an Earlier Revocation Appeal While Supervised Release...

Revocation Sentencing After Esteras: A Passing Reference to “Respect for the Law” Does Not Require Vacatur Absent Plain, Prejudicial Error

Date: Jun 22, 2026

Revocation Sentencing After Esteras: A Passing Reference to “Respect for the Law” Does Not Require Vacatur Absent Plain, Prejudicial Error 1. Introduction In United States v. Cody Stevenson (4th Cir....

Retroactive OFAC Licensing Validates Trademark Renewal Fees and Preserves Timely Lanham Act Renewals

Date: Jun 22, 2026

Retroactive OFAC Licensing Validates Trademark Renewal Fees and Preserves Timely Lanham Act Renewals Introduction Bacardi and Company Limited v. John Squires (4th Cir. June 16, 2026) is the latest...

Fourth Circuit: Comparator-Based Title VII Pleadings Must Allege Truly Similar Misconduct—Generalized Social-Media Comparisons Cannot Make Discriminatory Discharge “Plausible”

Date: Jun 22, 2026

Fourth Circuit: Comparator-Based Title VII Pleadings Must Allege Truly Similar Misconduct—Generalized Social-Media Comparisons Cannot Make Discriminatory Discharge “Plausible” Introduction In Maan...

Title VII Plausibility Requires “Like-for-Like” Comparators (Including Insubordination) When Termination Follows Social-Media Policy Violations

Date: Jun 22, 2026

Title VII Plausibility Requires “Like-for-Like” Comparators (Including Insubordination) When Termination Follows Social-Media Policy Violations I. Introduction In Maan Aljizzani v. Middle East...

ERISA § 502(a)(1)(B): Only the Entity that Controls Benefit Determinations Is a Proper Defendant (Third Circuit)

Date: Jun 22, 2026

ERISA § 502(a)(1)(B): Only the Entity that Controls Benefit Determinations Is a Proper Defendant (Third Circuit) 1. Introduction Case: Mark Justman v. Accenture LLP, No. 25-2084 (3d Cir. June 17,...

Complex-Case Speedy Trial Tolling: No Mandatory Revisit Absent Timely Challenge and Material Change

Date: Jun 22, 2026

Complex-Case Speedy Trial Tolling: No Mandatory Revisit Absent Timely Challenge and Material Change 1. Introduction United States v. Brian Burrows (Third Circuit, filed June 16, 2026) addresses...

Hall v. Miller: Specific Objections Required to Avoid Firm Waiver; Prison Lockdowns Rarely Support Equitable Tolling of AEDPA Deadlines

Date: Jun 22, 2026

Hall v. Miller: Specific Objections Required to Avoid Firm Waiver; Prison Lockdowns Rarely Support Equitable Tolling of AEDPA Deadlines Court: United States Court of Appeals for the Tenth Circuit...

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,...