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

Broad Settlement Release and Covenant Not to Sue Bar Later FHA/§ 1983 Claims; Florida School-Choice Statute Creates No Federal Property Interest

Date: Jun 4, 2026

Broad Settlement Release and Covenant Not to Sue Bar Later FHA/§ 1983 Claims; Florida School-Choice Statute Creates No Federal Property Interest 1. Introduction In Blake Warner v. School Board of...

“Exceptional Circumstances” for Ex Parte Juvenile Removal Under OCGA § 15-11-132 Means “Uncommon or Unusual,” Not Necessarily “Imminent Danger”

Date: Jun 4, 2026

“Exceptional Circumstances” for Ex Parte Juvenile Removal Under OCGA § 15-11-132 Means “Uncommon or Unusual,” Not Necessarily “Imminent Danger” 1. Introduction In IN THE INTEREST OF D. B. et al.,...

Termination of Guardianship Without Less Restrictive Alternatives When No Reasonable Likelihood of Correction Exists

Date: Jun 4, 2026

Termination of Guardianship Without Less Restrictive Alternatives When No Reasonable Likelihood of Correction Exists 1. Introduction Case: In re J.G. and M.A. (Supreme Court of Appeals of West...

Mutual Conduct Can Waive Written Change-Order Clauses (Even with “No-Waiver-Except-Writing” Language) and Permit Equitable Recovery for Extra-Contract Work

Date: Jun 4, 2026

Mutual Conduct Can Waive Written Change-Order Clauses (Even with “No-Waiver-Except-Writing” Language) and Permit Equitable Recovery for Extra-Contract Work 1. Introduction RJH Builders, LLC v. Robert...

ADA Pleading Rule for Court-Record Access: Denial Based on Nonpublic Status Is Not Disability Discrimination or Retaliation Without Plausible Disability-Based Causation

Date: Jun 4, 2026

ADA Pleading Rule for Court-Record Access: Denial Based on Nonpublic Status Is Not Disability Discrimination or Retaliation Without Plausible Disability-Based Causation Introduction In Lawson v....

Anonymous Safe2Tell Tips Can Justify a School Backpack Search When Independently Corroborated Under T.L.O.’s Reasonable-Suspicion Standard

Date: Jun 4, 2026

Anonymous Safe2Tell Tips Can Justify a School Backpack Search When Independently Corroborated Under T.L.O.’s Reasonable-Suspicion Standard Introduction In People ex rel. T.J.W., 2026 CO 38, the...

UM Insurers Must Specifically and Promptly Plead Legitimate Defenses; C.R.C.P. 9(b) Applies Only to Fraud or Mistake

Date: Jun 4, 2026

UM Insurers Must Specifically and Promptly Plead Legitimate Defenses; C.R.C.P. 9(b) Applies Only to Fraud or Mistake Case: Progressive Direct Ins. Co. v. Ortiz, 2026 CO 40, 24SC440 (Colo. Jun 01,...

Termination Rights Are Bankruptcy Estate Property: § 203 Copyright Termination Interests Pass Into Chapter 7 Under § 541 and Remain with the Estate if Unscheduled

Date: Jun 4, 2026

Termination Rights Are Bankruptcy Estate Property: § 203 Copyright Termination Interests Pass Into Chapter 7 Under § 541 and Remain with the Estate if Unscheduled I. Introduction Lil' Joe Records,...

Allen v. Milligan (2026): Callais “Just as Well” Alternative-Map Requirement and Party-Controlled Racial-Bloc Proof Drive Emergency Stays

Date: Jun 4, 2026

Allen v. Milligan (2026): Callais “Just as Well” Alternative-Map Requirement and Party-Controlled Racial-Bloc Proof Drive Emergency Stays 1) Introduction Allen v. Milligan (per curiam) arises from...

Enforcing Appeal Waivers and Rule 11’s “Low Bar” Factual-Basis Standard After a Plea-Withdrawal Breach

Date: Jun 4, 2026

Enforcing Appeal Waivers and Rule 11’s “Low Bar” Factual-Basis Standard After a Plea-Withdrawal Breach I. Introduction In United States v. Justin Deshun Stiger (6th Cir. June 2, 2026), the Sixth...

Chavez v. Blanche: Forfeiture of Defective-NTA Objections After Close of Pleadings and Evidentiary Requirements for U-Visa-Based Administrative Closure

Date: Jun 4, 2026

Chavez v. Blanche: Forfeiture of Defective-NTA Objections After Close of Pleadings and Evidentiary Requirements for U-Visa-Based Administrative Closure 1. Introduction In Chavez v. Blanche (5th Cir....

Competitor Lawyers Cannot Sue for Illegal Solicitation Absent Direct Property Injury; Civil RICO Requires Direct, Non-Attenuated Causation

Date: Jun 4, 2026

Competitor Lawyers Cannot Sue for Illegal Solicitation Absent Direct Property Injury; Civil RICO Requires Direct, Non-Attenuated Causation Case: CAMBRE & ASSOCIATES, LLC et al. v. LAZENBY et al.,...

Mandatory Ten-Day Hearing on DVPO Appeals: Circuit Courts Must Hold a Hearing Unless Affirmatively Waived

Date: Jun 4, 2026

Mandatory Ten-Day Hearing on DVPO Appeals: Circuit Courts Must Hold a Hearing Unless Affirmatively Waived Introduction In Tyler E. v. B.E. by Christina E. (W. Va. Sup. Ct. App. June 1, 2026), the...

Plain-Error Scrutiny for “Back-Door” Expert Evidence: Therapy Notes as Unfair Surprise After Expert Exclusion

Date: Jun 4, 2026

Plain-Error Scrutiny for “Back-Door” Expert Evidence: Therapy Notes as Unfair Surprise After Expert Exclusion 1. Introduction State of West Virginia v. Brendan W. (Justice Wooton, concurring, in...

Anonymous Safe2Tell Tips Plus Innocent-Detail Corroboration Can Establish Reasonable Suspicion for School Backpack Searches

Date: Jun 4, 2026

Anonymous Safe2Tell Tips Plus Innocent-Detail Corroboration Can Establish Reasonable Suspicion for School Backpack Searches Case: People in Interest of T.J.W., 2026 CO 38 (Colo. June 1, 2026) Court:...

Habeas Petitions Are Exempt from Inmate “Civil Action” Filing-Fee Limits Under § 13-17.5-103 (2026 CO 37)

Date: Jun 4, 2026

Habeas Petitions Are Exempt from Inmate “Civil Action” Filing-Fee Limits Under § 13-17.5-103 (2026 CO 37) I. Introduction In Gottorff, David v. Coleman, Bryan, 2026 CO 37 (June 1, 2026), the Colorado...

Revocation Sentencing After Esteras: Incorporating “New-Sentence” Reasoning Is Permissible When Revocation Rests on Public Protection and Violation Seriousness

Date: Jun 4, 2026

Revocation Sentencing After Esteras: Incorporating “New-Sentence” Reasoning Is Permissible When Revocation Rests on Public Protection and Violation Seriousness Introduction United States v. Thomas...

MAS v. Board of Barbers: “Best Practices” and Internal Policy Deviations Alone Do Not Establish “Generally Accepted Standards of Practice” for License Discipline

Date: Jun 4, 2026

MAS v. Board of Barbers: “Best Practices” and Internal Policy Deviations Alone Do Not Establish “Generally Accepted Standards of Practice” for License Discipline Introduction In Montana Academy of...

Conclusive “Witness Unavailable” Is Not “Good Cause”: Montana Requires Record-Supported Specificity for Misdemeanor Speedy-Trial Continuances

Date: Jun 4, 2026

Conclusive “Witness Unavailable” Is Not “Good Cause”: Montana Requires Record-Supported Specificity for Misdemeanor Speedy-Trial Continuances Introduction In City of Helena v. Mayfield, the Montana...

ICWA Diligent-Efforts Challenges Must Be Timely: Acquiescence Waives Later Objections, and Putative Paternity Cannot Trigger ICWA Eligibility

Date: Jun 4, 2026

ICWA Diligent-Efforts Challenges Must Be Timely: Acquiescence Waives Later Objections, and Putative Paternity Cannot Trigger ICWA Eligibility Introduction In Matters of L.C., X.P. & N.C., YINC (2026...