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

WARN Act “Single Employer” De Facto Control in the Fifth Circuit Requires Proof of Specific Direction to Order the Plant Closing

Date: May 12, 2026

WARN Act “Single Employer” De Facto Control in the Fifth Circuit Requires Proof of Specific Direction to Order the Plant Closing Introduction Fleming v. Black Diamond Capital Management L.L.C. (5th...

Plain-Error Constraints on Overlapping Child-Prostitution Offenses and “Knowingly” Mens Rea for Soliciting Child Prostitution

Date: May 12, 2026

Plain-Error Constraints on Overlapping Child-Prostitution Offenses and “Knowingly” Mens Rea for Soliciting Child Prostitution I. Introduction In People v. Dominguez, 2026 CO 30, the Colorado Supreme...

“Seeking Admission” Limits § 1225(b)(2)(A): Interior Noncitizens Must Be Detained Under § 1226 With Bond-Hearing Protections

Date: May 12, 2026

“Seeking Admission” Limits § 1225(b)(2)(A): Interior Noncitizens Must Be Detained Under § 1226 With Bond-Hearing Protections I. Introduction In Juan Lopez-Campos v. Kevin Raycraft (consolidated with...

“Seeking Admission” Limits § 1225(b)(2)(A): Interior Noncitizens Detained After Long Residence Fall Under § 1226 and Must Receive Bond Hearings

Date: May 12, 2026

“Seeking Admission” Limits § 1225(b)(2)(A): Interior Noncitizens Detained After Long Residence Fall Under § 1226 and Must Receive Bond Hearings 1. Introduction In Jose Daniel Contreras-Cervantes and...

Quinn v. Georgia Secretary of State: “Undermined Confidence” in Elections Is a Generalized Grievance and Cannot Establish Article III Standing in NVRA Voter-Roll Maintenance Suits

Date: May 12, 2026

Quinn v. Georgia Secretary of State: “Undermined Confidence” in Elections Is a Generalized Grievance and Cannot Establish Article III Standing in NVRA Voter-Roll Maintenance Suits 1. Introduction In...

Qualified Immunity in Jail Medical-Care Claims After Hospital Clearance: Vomiting Once and Lethargy Do Not Clearly Establish an “Obvious” Serious Medical Need (Sixth Circuit)

Date: May 12, 2026

Qualified Immunity in Jail Medical-Care Claims After Hospital Clearance: Vomiting Once and Lethargy Do Not Clearly Establish an “Obvious” Serious Medical Need (Sixth Circuit) I. Introduction John...

People v. Dominguez (2026 CO 30): “Obviousness” Limits Plain-Error Relief for As-Applied Equal Protection Overlap; Soliciting for Child Prostitution Requires a “Knowingly” Mens Rea That May Be Supplied by Instructions Read as a Whole

Date: May 12, 2026

People v. Dominguez (2026 CO 30): “Obviousness” Limits Plain-Error Relief for As-Applied Equal Protection Overlap; Soliciting for Child Prostitution Requires a “Knowingly” Mens Rea That May Be...

Ashby v. Wolfsburger: A Pay.gov Receipt Does Not Prove Timely Filing—Only a Notice of Electronic Filing (NEF) Perfects an ECF Notice of Appeal

Date: May 12, 2026

Ashby v. Wolfsburger: A Pay.gov Receipt Does Not Prove Timely Filing—Only a Notice of Electronic Filing (NEF) Perfects an ECF Notice of Appeal 1. Introduction In Ashby v. Wolfsburger (10th Cir. May...

Session-Replay Capture of Complete Payment Card Data Confers Article III Standing Under Intrusion Upon Seclusion

Date: May 12, 2026

Session-Replay Capture of Complete Payment Card Data Confers Article III Standing Under Intrusion Upon Seclusion I. Introduction In re: BPS Direct, LLC; Cabela's, LLC Wiretapping Litigation (3d Cir....

Mist Pharmaceuticals: Broad D&O “Capacity” Exclusions Bar Coverage for Claims “In Any Way Involving” Uninsured-Entity Conduct; Repeated Reservations Defeat Griggs Estoppel and Fireman’s Fund Forfeiture

Date: May 12, 2026

Mist Pharmaceuticals: Broad D&O “Capacity” Exclusions Bar Coverage for Claims “In Any Way Involving” Uninsured-Entity Conduct; Repeated Reservations Defeat Griggs Estoppel and Fireman’s Fund...

United States v. Sean Christopher Williams — Interstate-Commerce Nexus in § 2251(a) Proven by Cross-State Recovery; Broad Admission of Rule 414/Intrinsic Evidence

Date: May 12, 2026

Interstate-Commerce Nexus in 18 U.S.C. § 2251(a) Proven by Cross-State Recovery; Broad Admission of Rule 414/Intrinsic Evidence Introduction In United States v. Sean Christopher Williams (6th Cir....

Sixth Circuit Limits § 1225(b)(2)(A) Mandatory Detention to Noncitizens Actively “Seeking Admission,” Routing Interior EWI Detainees to § 1226 Bond Process

Date: May 12, 2026

Sixth Circuit Limits § 1225(b)(2)(A) Mandatory Detention to Noncitizens Actively “Seeking Admission,” Routing Interior EWI Detainees to § 1226 Bond Process Introduction This consolidated Sixth...

Election Law § 16-106 Jurisdiction Is Limited to Protested Ballots; Cross-Claims Require Leave in Special Proceedings

Date: May 12, 2026

Election Law § 16-106 Jurisdiction Is Limited to Protested Ballots; Cross-Claims Require Leave in Special Proceedings Case: Matter of Ruggiero v Orange County Bd. of Elections, 2026 NY Slip Op 02917...

§ 4241(d) “Subject To” § 4246: Courts May Rehospitalize for a Precertification Dangerousness Evaluation, but May Not Order a § 4246(b) Report Before Certification

Date: May 12, 2026

§ 4241(d) “Subject To” § 4246: Courts May Rehospitalize for a Precertification Dangerousness Evaluation, but May Not Order a § 4246(b) Report Before Certification I. Introduction United States v....

Young v. Colorado Department of Corrections: DEI/Race-Sensitivity Training and Speculative “Aftermath” Allegations, Without Concrete Workplace Harm, Do Not Plausibly Plead a Hostile Work Environment

Date: May 12, 2026

Young v. Colorado Department of Corrections: DEI/Race-Sensitivity Training and Speculative “Aftermath” Allegations, Without Concrete Workplace Harm, Do Not Plausibly Plead a Hostile Work Environment...

Keenan v. O’Reilly: Internally Contradictory Deposition Testimony Cannot Establish Premises-Owner Notice to Defeat Summary Judgment

Date: May 12, 2026

Keenan v. O’Reilly: Internally Contradictory Deposition Testimony Cannot Establish Premises-Owner Notice to Defeat Summary Judgment 1. Introduction In Bernard Keenan v. O'Reilly Auto Enterprises (6th...

Interior “Applicants for Admission” Are Not Necessarily “Seeking Admission”: § 1225(b)(2)(A) Mandatory Detention Excludes Long-Resident, Unadmitted Noncitizens Arrested in the Interior

Date: May 12, 2026

Interior “Applicants for Admission” Are Not Necessarily “Seeking Admission”: § 1225(b)(2)(A) Mandatory Detention Excludes Long-Resident, Unadmitted Noncitizens Arrested in the Interior 1....

Allen v. Caster (2026): GVR Vacatur and Remand of Redistricting Judgments for Reconsideration Under Louisiana v. Callais’s New §2 Voting Rights Act Standard

Date: May 12, 2026

Allen v. Caster (2026): GVR Vacatur and Remand of Redistricting Judgments for Reconsideration Under Louisiana v. Callais’s New §2 Voting Rights Act Standard 1. Introduction Allen v. Caster arises...

Tenth Circuit: § 3553(a) Balancing Can Independently Defeat Compassionate Release, and § 2255—Not § 3582—Is the Vehicle for Attacking a Sentence

Date: May 12, 2026

Tenth Circuit: § 3553(a) Balancing Can Independently Defeat Compassionate Release, and § 2255—Not § 3582—Is the Vehicle for Attacking a Sentence Introduction United States v. Webb (10th Cir. May 11,...

Plain-View From a Public Walkway Through a Curtain Gap: The Tenth Circuit Lets the Panel Rule Stand

Date: May 12, 2026

Plain-View From a Public Walkway Through a Curtain Gap: The Tenth Circuit Lets the Panel Rule Stand Introduction United States v. Watkins (No. 23-6210) concerns the Fourth Amendment consequences of a...