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

Adult Guardianship Removal in New Hampshire: RSA 464-A:39 Requires Only a “Best Interests” Showing—Not “Cause”

Date: Jun 11, 2026

Adult Guardianship Removal in New Hampshire: RSA 464-A:39 Requires Only a “Best Interests” Showing—Not “Cause” Case: In re Guardianship of T.M., 2026 N.H. 23 (N.H. June 10, 2026) Court: Supreme Court...

Spitz v. Starr: Illinois “Most Significant Relationship” Points to the Underlying Litigation Forum in Failure-to-Settle Torts; No Direct Appellate Review of an Out-of-Circuit § 1404(a) Transfer Without a Retransfer Motion

Date: Jun 11, 2026

Spitz v. Starr: Illinois “Most Significant Relationship” Points to the Underlying Litigation Forum in Failure-to-Settle Torts; No Direct Appellate Review of an Out-of-Circuit § 1404(a) Transfer...

Jarvis v. Liggett: No Deliberate Indifference Where Transporting Officers Lack Scheduling Responsibility and Reasonably Respond to Dental Pain

Date: Jun 11, 2026

Jarvis v. Liggett: No Deliberate Indifference Where Transporting Officers Lack Scheduling Responsibility and Reasonably Respond to Dental Pain 1. Introduction In Jarvis v. Liggett (10th Cir. June 10,...

Qualified-Immunity Interlocutory Appeals: No Jurisdiction for Fact-Reweighing Disguised as “Clearly Established” Arguments

Date: Jun 11, 2026

Qualified-Immunity Interlocutory Appeals: No Jurisdiction for Fact-Reweighing Disguised as “Clearly Established” Arguments Estate of Richard Ward v. Lucero (10th Cir. June 10, 2026) 1. Introduction...

Oklahoma Child-Abuse-by-Injury Has a “Sufficiently Analogous” Guideline: U.S.S.G. § 2A2.2 (Aggravated Assault) Applies Under U.S.S.G. § 2X5.1

Date: Jun 11, 2026

Oklahoma Child-Abuse-by-Injury Has a “Sufficiently Analogous” Guideline: U.S.S.G. § 2A2.2 (Aggravated Assault) Applies Under U.S.S.G. § 2X5.1 Case: United States v. Smith (10th Cir. June 9, 2026)...

U.S.S.G. § 2A2.2 Is the “Most Analogous” Guideline for Oklahoma Child-Abuse-by-Injury Under U.S.S.G. § 2X5.1

Date: Jun 11, 2026

U.S.S.G. § 2A2.2 Is the “Most Analogous” Guideline for Oklahoma Child-Abuse-by-Injury Under U.S.S.G. § 2X5.1 I. Introduction United States v. Smith (10th Cir. June 9, 2026) arises from the...

Undisclosed, Material Ex Parte Sentencing Facts Require Vacatur and Reassignment on Remand (First Circuit)

Date: Jun 11, 2026

Undisclosed, Material Ex Parte Sentencing Facts Require Vacatur and Reassignment on Remand (First Circuit) Introduction In United States v. Maldonado-Maldonado (1st Cir. June 8, 2026), the First...

United States v. Daigle: Probable Cause and Non-Staleness from Freenet Child-Pornography File Requests

Date: Jun 11, 2026

New First Circuit Rule: Three Freenet Child-Pornography File Requests in Minutes Can Establish Probable Cause—and Remain Fresh Nine Months Later Case: United States v. Daigle (1st Cir. June 10, 2026)...

Discretion First: Summary Denial of First Step Act Relief Upheld Where § 3553(a) Factors Outweigh Rehabilitation, Allowing Appellate Bypass of Eligibility

Date: Jun 11, 2026

Discretion First: Summary Denial of First Step Act Relief Upheld Where § 3553(a) Factors Outweigh Rehabilitation, Allowing Appellate Bypass of Eligibility I. Introduction In United States v....

All Writs Is Not Jurisdiction: Florida Supreme Court Will Not Intervene in Pending DCA Nonfinal Injunction Appeals Absent an Independent Constitutional Hook

Date: Jun 11, 2026

All Writs Is Not Jurisdiction: Florida Supreme Court Will Not Intervene in Pending DCA Nonfinal Injunction Appeals Absent an Independent Constitutional Hook 1. Introduction In Equal Ground Education...

Chapter 13 Plans May Pay Debtors’ Attorneys’ Fees During the Commitment Period Despite a § 1325(b)(1)(B) Objection

Date: Jun 11, 2026

Chapter 13 Plans May Pay Debtors’ Attorneys’ Fees During the Commitment Period Despite a § 1325(b)(1)(B) Objection Introduction In City of Chicago v. Ahmed Alayah (Nos. 25-2878 & 25-2879), the...

Revolinsky v. Bayer: Enforcing MDL Common-Benefit Fee Protocols and Limiting Post-Approval Fee Reallocation Challenges

Date: Jun 11, 2026

Revolinsky v. Bayer: Enforcing MDL Common-Benefit Fee Protocols and Limiting Post-Approval Fee Reallocation Challenges I. Introduction In Laura Revolinsky v. Bayer Corporation, the Seventh Circuit...

Cost-Saving Measures and “Understaffing” Allegations Are Not Enough: Evidence of a Systemic Breakdown Is Required for Monell Liability (and Officers May Rely on Medical Judgment)

Date: Jun 11, 2026

Cost-Saving Measures and “Understaffing” Allegations Are Not Enough: Evidence of a Systemic Breakdown Is Required for Monell Liability (and Officers May Rely on Medical Judgment) Case: Steven...

Substance over Caption in Post-Judgment Motions and “Outside-the-Four-Corners” Loan-Modification Promises as Oral Contracts (Schneider v. Wells Fargo Bank, N.A.)

Date: Jun 11, 2026

Substance over Caption in Post-Judgment Motions and “Outside-the-Four-Corners” Loan-Modification Promises as Oral Contracts Introduction In Amy Schneider v. Wells Fargo Bank, N.A., No. 25-2163 (7th...

Common-Law First Use Defeats Federal Registration; Seventh Circuit Reaffirms Presumptive Prejudgment Interest Under 15 U.S.C. § 1117(a)

Date: Jun 11, 2026

Common-Law First Use Defeats Federal Registration; Seventh Circuit Reaffirms Presumptive Prejudgment Interest Under 15 U.S.C. § 1117(a) 1. Introduction Grunt Style LLC v. TWD, LLC (7th Cir. June 10,...

“Force Only as a Last Resort” Prison Use-of-Force Rules Are Not Unconstitutionally Vague as Applied to Officers

Date: Jun 11, 2026

“Force Only as a Last Resort” Prison Use-of-Force Rules Are Not Unconstitutionally Vague as Applied to Officers I. Introduction In Derek Hundley v. Dee Dee Brookhart, the U.S. Court of Appeals for...

Illinois Minimum Wage Law Overtime: No Portal-to-Portal “Preliminary Activities” Exclusion and No General “Benefit of the Employer” Limitation

Date: Jun 11, 2026

Illinois Minimum Wage Law Overtime: No Portal-to-Portal “Preliminary Activities” Exclusion and No General “Benefit of the Employer” Limitation Case: Lisa Johnson v. Amazon.com Services LLC (7th Cir....

Meaningless Medicaid Bills Do Not Create Article III Standing for Prospective Injunctive Relief

Date: Jun 11, 2026

Meaningless Medicaid Bills Do Not Create Article III Standing for Prospective Injunctive Relief I. Introduction In Salvatore Arcidiacono v. Elizabeth Whitehorn (7th Cir. June 8, 2026), four Illinois...

Florida Aggravated Assault (§ 784.021(1)(a)) Categorically Qualifies as an INA “Crime of Violence” Under 18 U.S.C. § 16 (Somers Controls in Immigration Cases)

Date: Jun 11, 2026

Florida Aggravated Assault (§ 784.021(1)(a)) Categorically Qualifies as an INA “Crime of Violence” Under 18 U.S.C. § 16 (Somers Controls in Immigration Cases) I. Introduction In Woff Senatus v. U.S....

Rule 12 “Good Cause” Requires Prompt Action: Inadvertence and Late Discovery Do Not Excuse Untimely Wiretap Suppression Motions

Date: Jun 11, 2026

Rule 12 “Good Cause” Requires Prompt Action: Inadvertence and Late Discovery Do Not Excuse Untimely Wiretap Suppression Motions Case: United States v. Alberico Crespo (11th Cir. June 10, 2026) |...