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

Organizational Standing and Ambiguous-Finality Timeliness in Substantial-Equivalency Enforcement

Date: Jun 19, 2026

Organizational Standing and Ambiguous-Finality Timeliness in Substantial-Equivalency Enforcement 1. Introduction Matter of Young Advocates for Fair Educ., Inc. v. Rosa (2026 NY Slip Op 03861) arose...

Strict Enforcement of CPLR 9802 for Contract Counterclaims Against Villages; Litigation Participation Alone Does Not Create Estoppel

Date: Jun 19, 2026

Strict Enforcement of CPLR 9802 for Contract Counterclaims Against Villages; Litigation Participation Alone Does Not Create Estoppel I. Introduction In Incorporated Vil. of Freeport v Freeport Plaza...

Reliable Hearsay at SORA: Unsworn Victim Statements in Police Reports May Support Risk Factor Scoring, and Inconsistencies Between Admissible Hearsay Sources Do Not Alone Defeat Reliability

Date: Jun 19, 2026

Reliable Hearsay at SORA: Unsworn Victim Statements in Police Reports May Support Risk Factor Scoring, and Inconsistencies Between Admissible Hearsay Sources Do Not Alone Defeat Reliability 1....

Unit of Prosecution for NRS 200.508: Child Abuse May Be Charged as Separate Acts or as a Continuing Course of Conduct; Information by Affidavit Available After Discharge

Date: Jun 19, 2026

Unit of Prosecution for NRS 200.508: Child Abuse May Be Charged as Separate Acts or as a Continuing Course of Conduct; Information by Affidavit Available After Discharge I. Introduction In CAUSEY...

Baro v. Blanche: The BIA’s 30-Day Appeal Deadline Is Nonjurisdictional and Equitable-Tolling Decisions Receive Deferential Review

Date: Jun 18, 2026

Baro v. Blanche: The BIA’s 30-Day Appeal Deadline Is Nonjurisdictional and Equitable-Tolling Decisions Receive Deferential Review I. Introduction In Sona Baro v. Todd W. Blanche (6th Cir. June 16,...

§1519 Venue Is Limited to the District of Falsification, Not the District of the Investigation

Date: Jun 18, 2026

§1519 Venue Is Limited to the District of Falsification, Not the District of the Investigation Introduction Abouammo v. United States (U.S. Supreme Court, June 11, 2026) resolves a recurring federal...

Advice-of-Counsel Instruction Requires Full Disclosure of Compensation Structure in Anti-Kickback Cases (United States v. Samuel Harris)

Date: Jun 18, 2026

Advice-of-Counsel Instruction Requires Full Disclosure of Compensation Structure in Anti-Kickback Cases Case: United States v. Samuel Harris (No. 25-5540) Court: U.S. Court of Appeals for the Sixth...

FINRA’s Jurisdiction Over Unregistered “Control Persons” and Strict § 78y(c)(1) Exhaustion of Jarkesy-Based Jury-Trial Objections

Date: Jun 18, 2026

FINRA’s Jurisdiction Over Unregistered “Control Persons” and Strict § 78y(c)(1) Exhaustion of Jarkesy-Based Jury-Trial Objections Introduction In Eric Smith v. SEC (6th Cir. June 16, 2026), the Sixth...

RICO § 1965(b) “Ends of Justice” Requires More Than Convenience: Sixth Circuit Narrows Nationwide Service Over Non-Contact Defendants

Date: Jun 18, 2026

RICO § 1965(b) “Ends of Justice” Requires More Than Convenience: Sixth Circuit Narrows Nationwide Service Over Non-Contact Defendants 1. Introduction In Aaron Hall v. Trivest Partners, L.P. (6th Cir....

Admitting Patient-Death Evidence in “Pill Mill” Prosecutions Requires a Defendant-Specific Connection

Date: Jun 18, 2026

Admitting Patient-Death Evidence in “Pill Mill” Prosecutions Requires a Defendant-Specific Connection I. Introduction In United States v. Evann Herrell (6th Cir. June 16, 2026), the Sixth Circuit...

Conditional Admissibility of Patient-Death Evidence in Pill-Mill Prosecutions Requires a Defendant-Specific “Connectivity” Showing

Date: Jun 18, 2026

Conditional Admissibility of Patient-Death Evidence in Pill-Mill Prosecutions Requires a Defendant-Specific “Connectivity” Showing Case: United States of America v. Evann Herrell; Mark Grenkoski;...

Unambiguous “Licensed Employee” Contract Language and Sufficient Board Minutes Create a Mississippi School Employee Property Interest Triggering § 37-9-105 Notice-and-Hearing Rights

Date: Jun 18, 2026

Unambiguous “Licensed Employee” Contract Language and Sufficient Board Minutes Create a Mississippi School Employee Property Interest Triggering § 37-9-105 Notice-and-Hearing Rights 1. Introduction...

Unsettled-Law Defeats Plain Error and Voluntary Refusal of Transport Permits Sentencing in Absentia (N.H.)

Date: Jun 18, 2026

Unsettled-Law Defeats Plain Error and Voluntary Refusal of Transport Permits Sentencing in Absentia I. Introduction In State of New Hampshire v. Dale E. Holloway, Jr. (N.H. June 17, 2026), the...

Upward Variances After a Taylor Vacatur: Guidelines “Unit Cap” and Dismissed § 924(c) Exposure Can Justify Reimposing the Original Aggregate Sentence

Date: Jun 18, 2026

Upward Variances After a Taylor Vacatur: Guidelines “Unit Cap” and Dismissed § 924(c) Exposure Can Justify Reimposing the Original Aggregate Sentence I. Introduction In United States v....

Standing to Mount a Constitutional Challenge Requires a Disadvantaged Legal Interest: Expungement-Statute Challenge Dismissed and Court of Appeals Opinion Vacated

Date: Jun 18, 2026

Standing to Mount a Constitutional Challenge Requires a Disadvantaged Legal Interest: Expungement-Statute Challenge Dismissed and Court of Appeals Opinion Vacated 1. Introduction In Sela Investments,...

Trespass Lies Where an Easement Holder Overburdens Private Streets; Public Nuisance “Special Injury” Includes Pecuniary Loss and Trespass

Date: Jun 18, 2026

Trespass Lies Where an Easement Holder Overburdens Private Streets; Public Nuisance “Special Injury” Includes Pecuniary Loss and Trespass 1. Introduction Forest Hills Gardens Corp. v West Side Tennis...

Title Insurer Tort Claims Barred Absent an Independent Duty; Time-Barred Amendments Denied Where Relation-Back Fails

Date: Jun 18, 2026

Title Insurer Tort Claims Barred Absent an Independent Duty; Time-Barred Amendments Denied Where Relation-Back Fails Case: Marrero v Thomas, 2026 NY Slip Op 03788 (App. Div. 2d Dep’t June 17, 2026)...

Technology-Competence Duty Expanded: Rhode Island Adds “Benefits and Risks” of Developing Technology to Rule 1.1 and Issues Interim Generative AI Ethics Guidance

Date: Jun 18, 2026

Technology-Competence Duty Expanded: Rhode Island Adds “Benefits and Risks” of Developing Technology to Rule 1.1 and Issues Interim Generative AI Ethics Guidance 1. Introduction In In re Amendments...

Coleman v. State (Del. 2026): No Strickland Prejudice from Carryover Accomplice-Liability Instruction Expressly Limited to Prior Charges; Sentencing-Factor Objection Requires Outcome-Determinative Prejudice

Date: Jun 18, 2026

No Strickland Prejudice from Carryover Accomplice-Liability Instruction Expressly Limited to Prior Charges; Sentencing-Factor Objection Requires Outcome-Determinative Prejudice Introduction In...

Out-of-Possession Landlords Not Liable for Non-“Structural” Garage Rolling Gates Under a Narrow Lease Definition; Futile Administrative Code § 28-301.1 Amendments Properly Denied

Date: Jun 18, 2026

Out-of-Possession Landlords Not Liable for Non-“Structural” Garage Rolling Gates Under a Narrow Lease Definition; Futile Administrative Code § 28-301.1 Amendments Properly Denied 1. Introduction...