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

Preclusion of a Defense Expert Is Improper Absent Bad Faith and Material Prejudice Under NRS 174.234

Date: Jun 16, 2026

Preclusion of a Defense Expert Is Improper Absent Bad Faith and Material Prejudice Under NRS 174.234 Case: URBINA-ACOSTA (OSCAR) v. STATE (CRIMINAL) Court: Supreme Court of Nevada Date: 2026-06-15...

Iowa Supreme Court: Force Majeure Suspends Default/Cure Mechanics, and a Contract Breach Alone Cannot Support Tortious Interference with a Third-Party Contract

Date: Jun 15, 2026

Iowa Supreme Court: Force Majeure Suspends Default/Cure Mechanics, and a Contract Breach Alone Cannot Support Tortious Interference with a Third-Party Contract 1. Introduction In 5th and Walnut...

“Driving” as a Term of Art Under Iowa Code ch. 673, and the High Evidentiary Bar for the Recklessness Exception

Date: Jun 15, 2026

“Driving” as a Term of Art Under Iowa Code ch. 673, and the High Evidentiary Bar for the Recklessness Exception Case: Janey Shafer v. Frank Santana (Supreme Court of Iowa, June 12, 2026) Disposition:...

Law-of-the-Case Bars New Statutory Theories and Certificate-of-Merit Attacks in Successive Interlocutory Appeals

Date: Jun 15, 2026

Law-of-the-Case Bars New Statutory Theories and Certificate-of-Merit Attacks in Successive Interlocutory Appeals Introduction Charlene Jorgensen and Michael Jorgensen v. Adam B. Smith, M.D., Adam B....

Child Endangerment After Cole: Risk of Death to One Child Can Establish Substantial Emotional-Harm Risk to Siblings Present

Date: Jun 15, 2026

Child Endangerment After Cole: Risk of Death to One Child Can Establish Substantial Emotional-Harm Risk to Siblings Present Case: State of Iowa v. Victoria Linda Nichole Gibbs (Iowa Sup. Ct. June 12,...

State v. Mahana: Iowa’s Felon-in-Possession Ban Upheld Under Bruen/Rahimi and (As Applied) Strict Scrutiny Under Iowa Const. art. I, § 1A

Date: Jun 15, 2026

State v. Mahana: Iowa’s Felon-in-Possession Ban Upheld Under Bruen/Rahimi and (As Applied) Strict Scrutiny Under Iowa Const. art. I, § 1A Case: State of Iowa v. Austin Dean Mahana Court: Supreme...

Intent to Repay Does Not Negate Federal Fraud: Temporary Deprivation Completes the Offense and Post-Hoc Asset Value Is Irrelevant

Date: Jun 15, 2026

Intent to Repay Does Not Negate Federal Fraud: Temporary Deprivation Completes the Offense and Post-Hoc Asset Value Is Irrelevant Introduction In U.S. v. Bankman-Fried, the United States Court of...

Issue Exhaustion and Jurisdictional Limits in Removal Appeals: Waiver, One-Year Asylum Bar, and Substantial-Evidence Review

Date: Jun 15, 2026

Issue Exhaustion and Jurisdictional Limits in Removal Appeals: Waiver, One-Year Asylum Bar, and Substantial-Evidence Review 1. Introduction In Quadri Ademola Bankole v. Attorney General United States...

Diversity Removal Turns on the Pleading’s Damages Demand (Including Punitive Damages), and Video Evidence Can Defeat Assault/Battery at Summary Judgment

Date: Jun 15, 2026

Diversity Removal Turns on the Pleading’s Damages Demand (Including Punitive Damages), and Video Evidence Can Defeat Assault/Battery at Summary Judgment Introduction Sergei Kovalev v. Laboratory Corp...

Hybrid Salary + Day-Rate Pay Is “Salary-Basis” Under 29 C.F.R. § 541.602(a) When a Predetermined Weekly (or Less Frequent) Guarantee Exists—No § 541.604(b) Reasonable-Relationship Test

Date: Jun 14, 2026

Hybrid Salary + Day-Rate Pay Is “Salary-Basis” Under 29 C.F.R. § 541.602(a) When a Predetermined Weekly (or Less Frequent) Guarantee Exists—No § 541.604(b) Reasonable-Relationship Test Case: Guilbeau...

Ex parte Young Requires a Pleaded Enforcement Nexus: Absent Specific Connection to Enforcement, Sovereign Immunity Defeats Federal Jurisdiction

Date: Jun 14, 2026

Ex parte Young Requires a Pleaded Enforcement Nexus: Absent Specific Connection to Enforcement, Sovereign Immunity Defeats Federal Jurisdiction Introduction John Gannon, Incorporated v. Texas...

Dental Services Are “Health Care” Under Louisiana’s PPO Act; PPO Act and Network Leasing Act Harmonized

Date: Jun 14, 2026

Dental Services Are “Health Care” Under Louisiana’s PPO Act; PPO Act and Network Leasing Act Harmonized Case: Wightman v. Ameritas Life Ins. Corp., No. 24-30775 (5th Cir. June 12, 2026) Court: United...

Interlocutory Civil-Contempt Orders in Bankruptcy: Parties Usually Must Wait to Appeal, Non-Parties May Appeal Immediately

Date: Jun 14, 2026

Interlocutory Civil-Contempt Orders in Bankruptcy: Parties Usually Must Wait to Appeal, Non-Parties May Appeal Immediately Case: In re: BYJUs Alpha Inc, No. 25-1828 (3d Cir. June 12, 2026) (not...

Interpleader to Adjudicate State-University Hospital Liens Is Not Barred by § 14 State Immunity (Ala.)

Date: Jun 14, 2026

Interpleader to Adjudicate State-University Hospital Liens Is Not Barred by § 14 State Immunity (Ala.) Case: Wood v. Health Care Authority for Baptist Health Court: Supreme Court of Alabama Date:...

Mississippi’s 2026 Rule 81 Reform: Rule 4(i) Governs Returnable Summons and Rule 5(b) Notice After Personal Jurisdiction

Date: Jun 14, 2026

Mississippi’s 2026 Rule 81 Reform: Rule 4(i) Governs Returnable Summons and Rule 5(b) Notice After Personal Jurisdiction 1. Introduction In In Re: The Rules of Civil Procedure (Supreme Court of...

Permission from an Adverse Possessor Bars a Family Member’s Adverse Possession After Title Vests Automatically at Ten Years

Date: Jun 14, 2026

Permission from an Adverse Possessor Bars a Family Member’s Adverse Possession After Title Vests Automatically at Ten Years Introduction In Ashford v. Belcher (Supreme Court of Mississippi, June 11,...

Wrongful-Death Beneficiary Intervention After Settlement Is Barred by Untimeliness Under the In re Hood Factors

Date: Jun 14, 2026

Wrongful-Death Beneficiary Intervention After Settlement Is Barred by Untimeliness Under the In re Hood Factors Case: Smith v. Mississippi Farm Bureau Casualty Insurance Company (Miss. June 11, 2026)...

Millette v. Burger: “Currently Pending” Limits Special-Judge Authority; No Reassignment, No Power to Act

Date: Jun 14, 2026

Millette v. Burger: “Currently Pending” Limits Special-Judge Authority; No Reassignment, No Power to Act 1. Introduction Case: Millette v. Burger, Supreme Court of Mississippi (June 11, 2026)....

Negligent Entrustment in Mississippi Requires Supplier Control and a Causally Linked, Foreseeable Risk—Not Mere Title or Past Rehab Status

Date: Jun 14, 2026

Negligent Entrustment in Mississippi Requires Supplier Control and a Causally Linked, Foreseeable Risk—Not Mere Title or Past Rehab Status 1. Introduction In Rig Masters, Inc. v. Colenberg (Miss....

Fitch v. White: Mississippi Attorney General’s Exclusive Authority to Manage and Prosecute State Recovery Litigation Despite Auditor Demand Powers

Date: Jun 14, 2026

Fitch v. White: Mississippi Attorney General’s Exclusive Authority to Manage and Prosecute State Recovery Litigation Despite Auditor Demand Powers 1. Introduction In Fitch v. White (Miss. June 11,...