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

Moreau v. White: No Extra‑Treaty Judicial Estoppel in Hague Returns; No Federal “Command” to Foreign Custody Courts

Date: May 19, 2026

Moreau v. White: No Extra‑Treaty Judicial Estoppel in Hague Returns; No Federal “Command” to Foreign Custody Courts Court: United States Court of Appeals for the Fifth Circuit Date: May 15, 2026...

United States v. Kuyoro: Limiting Indictment Dismissals for Mid‑Trial Discovery Lapses—No Brady “Suppression” Without Prejudice, Rule 16 Sanctions Must Follow Garrett, and Supervisory-Power Dismissal Requires Defendant Prejudice

Date: May 19, 2026

United States v. Kuyoro: Limiting Indictment Dismissals for Mid‑Trial Discovery Lapses—No Brady “Suppression” Without Prejudice, Rule 16 Sanctions Must Follow Garrett, and Supervisory-Power Dismissal...

FAA-Regulatory Noncompliance as Evidence of a Montreal Convention “Accident”; Internal Policy Deviations and Imperfect Medical Response Usually Insufficient

Date: May 19, 2026

FAA-Regulatory Noncompliance as Evidence of a Montreal Convention “Accident”; Internal Policy Deviations and Imperfect Medical Response Usually Insufficient Introduction In Arzu v. American Airlines...

Wet-Concrete Cleaning Hazards and Slip-and-Fall Causation: “Open and Obvious” and Expert-Testimony Limits in Fourth Circuit Diversity Cases

Date: May 19, 2026

Wet-Concrete Cleaning Hazards and Slip-and-Fall Causation: “Open and Obvious” and Expert-Testimony Limits in Fourth Circuit Diversity Cases Introduction In Jonathan Lewis v. Circle K Stores Inc. (4th...

Fourth Amendment as the Exclusive Measure of “Process Due” for Evidentiary Seizure-and-Retention in Criminal Investigations (Including Third-Party Lienholders)

Date: May 19, 2026

Fourth Amendment as the Exclusive Measure of “Process Due” for Evidentiary Seizure-and-Retention in Criminal Investigations (Including Third-Party Lienholders) I. Introduction In American Acceptance...

Geographically Underinclusive “Green Power” Advertising Bans Fail Central Hudson; Post‑Litigation Interests Rejected and Superseded Disclosures Rendered Moot

Date: May 19, 2026

Geographically Underinclusive “Green Power” Advertising Bans Fail Central Hudson; Post‑Litigation Interests Rejected and Superseded Disclosures Rendered Moot Introduction In Retail Energy Advancement...

No “De Facto Upward Variance” in § 3582(c)(2) Denials; Legree Presumption Applies Even When the Amended Range Falls Below the Existing Sentence

Date: May 19, 2026

No “De Facto Upward Variance” in § 3582(c)(2) Denials; Legree Presumption Applies Even When the Amended Range Falls Below the Existing Sentence Introduction In United States v. Tyrone Davis (4th Cir....

Mandatory Criminal Forfeiture Under 28 U.S.C. § 2461(c) Cannot Be Withheld Due to Restitution or Equitable “Double Payment” Concerns

Date: May 19, 2026

Mandatory Criminal Forfeiture Under 28 U.S.C. § 2461(c) Cannot Be Withheld Due to Restitution or Equitable “Double Payment” Concerns I. Introduction In United States v. Rami Mahmod Mhana (4th Cir....

Post-Plea Jail-Contraband Conduct Justifies Denial of Acceptance of Responsibility; Directing a Courier Supports § 3B1.1(c) Supervision

Date: May 19, 2026

Post-Plea Jail-Contraband Conduct Justifies Denial of Acceptance of Responsibility; Directing a Courier Supports § 3B1.1(c) Supervision 1. Introduction In United States v. Marcus Longus (4th Cir. May...

NAGPRA Repatriation Extends to Buried Remains Intentionally Held in Federal Cemeteries as a “Holding or Collection”

Date: May 19, 2026

NAGPRA Repatriation Extends to Buried Remains Intentionally Held in Federal Cemeteries as a “Holding or Collection” Introduction Winnebago Tribe of Nebraska v. United States Department of the Army is...

Harmless-Error Treatment of Erlinger “Different Occasions” Violations After Guilty Pleas Under the ACCA (Fourth Circuit)

Date: May 19, 2026

Harmless-Error Treatment of Erlinger “Different Occasions” Violations After Guilty Pleas Under the ACCA (Fourth Circuit) Introduction In United States v. Lawrence Anderson (4th Cir. May 12, 2026)...

Mootness of Supervised-Release Revocation Appeals After Unconditional Release: Speculative Collateral Consequences and Non-Redressability Require Dismissal

Date: May 19, 2026

Mootness of Supervised-Release Revocation Appeals After Unconditional Release: Speculative Collateral Consequences and Non-Redressability Require Dismissal 1. Introduction In United States v. Deron...

Single Incident of Unwanted Touching and Temporal Proximity Alone Insufficient to Defeat Summary Judgment on Title VII Hostile Environment and Retaliation Claims (Third Circuit, Nonprecedential)

Date: May 19, 2026

Single Incident of Unwanted Touching and Temporal Proximity Alone Insufficient to Defeat Summary Judgment on Title VII Hostile Environment and Retaliation Claims (Third Circuit, Nonprecedential) 1....

Collateral-Review Harmless-Error Rule for Davis-Based § 924(c) General Verdicts: Brecht “Actual Prejudice” Controls

Date: May 19, 2026

Collateral-Review Harmless-Error Rule for Davis-Based § 924(c) General Verdicts: Brecht “Actual Prejudice” Controls Introduction In United States v. Melvin Williams (3d Cir. May 14, 2026) (not...

Third Circuit Adopts “Primarily and Substantially in Illinois” Limit on BIPA and Treats Voice-Authentication Vendors as GLBA-Exempt Financial Institutions

Date: May 19, 2026

Third Circuit Adopts “Primarily and Substantially in Illinois” Limit on BIPA and Treats Voice-Authentication Vendors as GLBA-Exempt Financial Institutions I. Introduction Christine McGoveran v....

Post-Taylor Resentencing: Courts May Reimpose the Same Aggregate Term After Vacatur of an Attempted Hobbs Act § 924(c) Count, and Anders Review Confirms No Nonfrivolous Sentencing Challenge

Date: May 19, 2026

Post-Taylor Resentencing: Courts May Reimpose the Same Aggregate Term After Vacatur of an Attempted Hobbs Act § 924(c) Count, and Anders Review Confirms No Nonfrivolous Sentencing Challenge I....

Mootness After Supervised-Release Revocation: Post-Release Appeals Require Concrete, Non-Speculative, and Redressable Collateral Consequences

Date: May 19, 2026

Mootness After Supervised-Release Revocation: Post-Release Appeals Require Concrete, Non-Speculative, and Redressable Collateral Consequences 1. Introduction In United States v. Deron Nixon (3d Cir....

Nonparty Appellate Standing Requires Injury and Own-Right Assertion in Receivership-Related Orders

Date: May 19, 2026

Nonparty Appellate Standing Requires Injury and Own-Right Assertion in Receivership-Related Orders Introduction Universitas Education, LLC continues efforts to collect proceeds from life-insurance...

Tafolla v. Rogers: COA Denied Where Petitioner Waives Procedural-Default Challenges and Fails to Show Unreasonable Chapman Harmlessness Under AEDPA

Date: May 19, 2026

Tafolla v. Rogers: COA Denied Where Petitioner Waives Procedural-Default Challenges and Fails to Show Unreasonable Chapman Harmlessness Under AEDPA Introduction In Tafolla v. Rogers (10th Cir. May...

Written Voluntary Relinquishment as Binding Judicial Admission of Permanence Absent Proof of Fraud or Duress

Date: May 19, 2026

Written Voluntary Relinquishment as Binding Judicial Admission of Permanence Absent Proof of Fraud or Duress Introduction In re A.A., G.C., K.C.-1, K.C.-2, and P.C. (Supreme Court of Appeals of West...