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

Rule 11(c)(1) Plain-Error Vacatur and Reassignment When a Judge Urges Guilty-Plea Advantages

Date: May 11, 2026

Rule 11(c)(1) Plain-Error Vacatur and Reassignment When a Judge Urges Guilty-Plea Advantages Case: United States v. Tarik Chambers (3d Cir. May 8, 2026) (nonprecedential) Court: United States Court...

Rule 11(c)(1)(C) Bargained Sentences and Anders Appeals: Limited § 3742 Review and Enforceable Appeal Waivers

Date: May 11, 2026

Rule 11(c)(1)(C) Bargained Sentences and Anders Appeals: Limited § 3742 Review and Enforceable Appeal Waivers Case: United States v. Bailey (No. 25-2094) Court: United States Court of Appeals for the...

Collective-Knowledge Reasonable Suspicion for “Turn-and-Burn” Drug-Trip Stops Extending Beyond the Traffic Mission

Date: May 11, 2026

Collective-Knowledge Reasonable Suspicion for “Turn-and-Burn” Drug-Trip Stops Extending Beyond the Traffic Mission 1. Introduction In United States v. Mark Anthony Trent (6th Cir. May 7, 2026)...

Extrinsic Evidence Must Be Considered to Identify and Resolve Latent Ambiguity in a Will’s Gift of “Any Business or Interest in Any Business”

Date: May 11, 2026

Extrinsic Evidence Must Be Considered to Identify and Resolve Latent Ambiguity in a Will’s Gift of “Any Business or Interest in Any Business” I. Introduction In re Estate of Schneider (321 Neb. 350...

“General Election” in Article XII, Section 1 Includes Early Voting; Late First Passage Voids a Constitutional-Amendment Referendum

Date: May 11, 2026

“General Election” in Article XII, Section 1 Includes Early Voting; Late First Passage Voids a Constitutional-Amendment Referendum Case: Scott v. McDougle (Supreme Court of Virginia, May 8, 2026) |...

Waiver of Appointed Counsel by Obstructive Conduct After Fair Warnings (No Full Faretta Colloquy Required)

Date: May 11, 2026

Waiver of Appointed Counsel by Obstructive Conduct After Fair Warnings (No Full Faretta Colloquy Required) I. Introduction In United States v. Sean Christopher Williams (6th Cir. May 7, 2026)...

Sixth Circuit Affirms Return Denial Under Hague “Age-and-Maturity” Exception and Declines to Adopt an Undefined “Stricter Standard”

Date: May 11, 2026

Sixth Circuit Affirms Return Denial Under Hague “Age-and-Maturity” Exception and Declines to Adopt an Undefined “Stricter Standard” I. Introduction Ilyse Deravil; Legrand Deravil v. Julmise Jean;...

Pre-Brawner Jail-Suicide Claims: “Strong Likelihood” Subjective Knowledge Required; No Clearly Established Duty of 24/7 Camera Monitoring for Officer or Monell Liability

Date: May 11, 2026

Pre-Brawner Jail-Suicide Claims: “Strong Likelihood” Subjective Knowledge Required; No Clearly Established Duty of 24/7 Camera Monitoring for Officer or Monell Liability 1. Introduction Case: Connie...

Speculative “PSLF Incentive” Harms Do Not Create Article III Standing for Public-Service Employers Challenging Borrower-Focused Repayment Pauses

Date: May 11, 2026

Speculative “PSLF Incentive” Harms Do Not Create Article III Standing for Public-Service Employers Challenging Borrower-Focused Repayment Pauses Introduction In Mackinac Center for Pub. Pol'y v. U.S....

Governmental Disability Plans Exempt from ERISA: New York Arbitrary-and-Capricious Review, Record-Only Adjudication, and Narrow “Good Cause” Discovery

Date: May 11, 2026

Governmental Disability Plans Exempt from ERISA: New York Arbitrary-and-Capricious Review, Record-Only Adjudication, and Narrow “Good Cause” Discovery 1. Introduction Amanda Martin v. Fed. Rsrv. Bank...

FAA Preempts Iowa’s Arbitration-Specific “Prejudice” Waiver Test: Waiver of Arbitration Governed by Ordinary Contract Principles

Date: May 11, 2026

FAA Preempts Iowa’s Arbitration-Specific “Prejudice” Waiver Test: Waiver of Arbitration Governed by Ordinary Contract Principles Introduction Leroy Eldon Cole v. Southeast Iowa Orthopaedics and...

COVID-Era Telework Does Not Redefine “Essential Functions”: Contractor Telework Denials and ADA Prima Facie Failures

Date: May 11, 2026

COVID-Era Telework Does Not Redefine “Essential Functions”: Contractor Telework Denials and ADA Prima Facie Failures Case: Hayes v. GStek, Incorporated (5th Cir. May 8, 2026) | Court: United States...

FOIA Exemption 4 Limits and FOIA Fee Eligibility When an Agency Releases Records After a Third Party Relents

Date: May 11, 2026

FOIA Exemption 4 Limits and FOIA Fee Eligibility When an Agency Releases Records After a Third Party Relents I. Introduction In Energy & Policy Inst. v. Tenn. Valley Auth. (6th Cir. May 8, 2026), the...

FOIA Fee Eligibility After Mid‑Litigation Releases: A Release Can Be “Voluntary” Even When Prompted by a Submitter, and Exemptions 4 & 6 Require Harm- and Segregability‑Sensitive Withholding

Date: May 11, 2026

FOIA Fee Eligibility After Mid‑Litigation Releases: A Release Can Be “Voluntary” Even When Prompted by a Submitter, and Exemptions 4 & 6 Require Harm- and Segregability‑Sensitive Withholding...

Specificity Required to Challenge Bulk Text Evidence; Victim/Anonymous Messages May Qualify as Coconspirator Statements

Date: May 11, 2026

Specificity Required to Challenge Bulk Text Evidence; Victim/Anonymous Messages May Qualify as Coconspirator Statements Introduction In United States v. Darrick Denard Bell (6th Cir. May 7, 2026),...

Munsell v. Munsell Commentary

Date: May 11, 2026

Sole Legal Custody Does Not Permit a Custodial Parent to Veto the Other Parent’s Religious Activities During Parenting Time Absent an Immediate and Substantial Threat of Harm I. Introduction Munsell...

Mandatory Supplementation of County-Court Appellate Transcripts to Expose Jurisdictional Voidness; Lease-Based Equitable Interests Divest Forcible Entry and Detainer Jurisdiction

Date: May 11, 2026

Mandatory Supplementation of County-Court Appellate Transcripts to Expose Jurisdictional Voidness; Lease-Based Equitable Interests Divest Forcible Entry and Detainer Jurisdiction Case: Martens v....

Iowa Rejects a Judicially Created Prison-Mailbox Rule for Postconviction Relief: “Filed” Means Received by the Clerk (or EDMS)

Date: May 11, 2026

Iowa Rejects a Judicially Created Prison-Mailbox Rule for Postconviction Relief: “Filed” Means Received by the Clerk (or EDMS) Case: Norman Wayne Davis IV v. State of Iowa (Iowa Supreme Court, May 8,...

Mandatory Post-Termination Guardianship Transfer to HHS Under Iowa Code § 232.117(3)(a) Absent Waiver; Foster Parents Not “Fictive Kin” Without a Pre-Removal Relationship

Date: May 11, 2026

Mandatory Post-Termination Guardianship Transfer to HHS Under Iowa Code § 232.117(3)(a) Absent Waiver; Foster Parents Not “Fictive Kin” Without a Pre-Removal Relationship Case: In the Interest of...

FTCA Customs-Duty Exception Bars Border-Checkpoint Intentional Torts Despite Law-Enforcement Proviso; Sua Sponte Bivens Dismissal Without Prejudice Permitted

Date: May 11, 2026

FTCA Customs-Duty Exception Bars Border-Checkpoint Intentional Torts Despite Law-Enforcement Proviso; Sua Sponte Bivens Dismissal Without Prejudice Permitted I. Introduction Allyn-Feuer v. Doe (5th...