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

Arm’s-Length Auto Sales: No Alabama Fraudulent-Suppression Duty to Disclose Absent Inquiry; ADTPA Fraud Claims Must Meet Rule 9(b); Post-Judgment “New Evidence” Must Be Truly New

Date: May 9, 2026

Arm’s-Length Auto Sales: No Alabama Fraudulent-Suppression Duty to Disclose Absent Inquiry; ADTPA Fraud Claims Must Meet Rule 9(b); Post-Judgment “New Evidence” Must Be Truly New Court: U.S. Court of...

Oral Nicotine Pouches as “Tobacco Products”: “Tobacco Substitute” Includes Plant-Matter-and-Nicotine Replacements for Pulverized Tobacco

Date: May 9, 2026

Oral Nicotine Pouches as “Tobacco Products”: “Tobacco Substitute” Includes Plant-Matter-and-Nicotine Replacements for Pulverized Tobacco Introduction In Kelly Hancock, Acting Comptroller of Public...

“Temporary” Custody Transfers Without a Time Limit May Be Treated as Final Orders, Shifting the § 668 Burden to the Parent Seeking to Undo Them

Date: May 9, 2026

“Temporary” Custody Transfers Without a Time Limit May Be Treated as Final Orders, Shifting the § 668 Burden to the Parent Seeking to Undo Them Case: Michelle Kendall v. James Kendall (Vt. Supreme...

Conditional Caregiving Does Not Establish “Full and Permanent” Parental Responsibility Under 15C V.S.A. § 501(a)(1)(C)

Date: May 9, 2026

Conditional Caregiving Does Not Establish “Full and Permanent” Parental Responsibility Under 15C V.S.A. § 501(a)(1)(C) Introduction In Mary Zigman v. Sarah Goodwin (Vt. Sup. Ct. May 8, 2026),...

Accord and Satisfaction by “Full & Final Settlement” Check: Cashing the Check Discharges Claims Despite Strike-Through

Date: May 9, 2026

Accord and Satisfaction by “Full & Final Settlement” Check: Cashing the Check Discharges Claims Despite Strike-Through 1. Introduction In The Bryant Law Firm and Deborah E. Bryant v. Robert Walker...

Direct Tax-Payment Injury Confers Standing Without “Taxpayer Standing”; “Governmental Disruption” Is Not a Standing Bar

Date: May 9, 2026

Direct Tax-Payment Injury Confers Standing Without “Taxpayer Standing”; “Governmental Disruption” Is Not a Standing Bar I. Introduction In Ryan Busse, Josh Klostermann, Russel Klostermann, Layne...

Directory Juvenile Time Limits Require Prejudice for Reversal; CHINS May Rest on Pre-Birth Sibling/Risk Evidence (In re N.B.)

Date: May 9, 2026

Directory Juvenile Time Limits Require Prejudice for Reversal; CHINS May Rest on Pre-Birth Sibling/Risk Evidence (In re N.B.) Vermont Supreme Court (Entry Order), May Term 2026 — In re N.B., Juvenile...

3 V.S.A. § 809b Limits Superior-Court Jurisdiction to Agency Discovery Orders that Compel Action (Not Discovery Denials or Commissioner Interrogatories)

Date: May 9, 2026

3 V.S.A. § 809b Limits Superior-Court Jurisdiction to Agency Discovery Orders that Compel Action (Not Discovery Denials or Commissioner Interrogatories) Case: Otter Creek Solar LLC v. Vermont Public...

Section 5101’s “Preserve the Family” Purpose Does Not Displace the § 5114 Best-Interests Test; “Safety and Timely Permanency” Remains Paramount in TPR

Date: May 9, 2026

Section 5101’s “Preserve the Family” Purpose Does Not Displace the § 5114 Best-Interests Test; “Safety and Timely Permanency” Remains Paramount in TPR 1. Introduction Case: In re H.R. and A.R., Jr.,...

Joseph v. Caritas of Birmingham — Limits of Alabama’s “Step-in-the-Dark” Rule and Invitee Status for Subcontracted Event Workers

Date: May 9, 2026

Limits of Alabama’s “Step-in-the-Dark” Rule and Invitee Status for Subcontracted Event Workers 1. Introduction In Joseph v. Caritas of Birmingham (Ala. May 8, 2026), the Supreme Court of Alabama...

DVPO Fee Awards Require Itemized Proof Upon Request: Courts May Deny AS 18.66.100(c)(14) Fees Absent Documentation

Date: May 9, 2026

DVPO Fee Awards Require Itemized Proof Upon Request: Courts May Deny AS 18.66.100(c)(14) Fees Absent Documentation 1. Introduction Vanessa Emery v. Jason Stone (Alaska Supreme Court, Opinion No....

Rule 91a Dismissal When Petition Establishes § 452.056(d) Immunity for DART’s Private Operator—even Against Fraud Claims

Date: May 9, 2026

Rule 91a Dismissal When Petition Establishes § 452.056(d) Immunity for DART’s Private Operator—even Against Fraud Claims I. Introduction In MV Transportation, Inc. v. GDS Transport, LLC (Tex. May 8,...

Bickerstaff v. Bickerstaff: Inferring a Nonmoving Parent’s Relocation and Rejecting “Scoreboard” Best-Interests Analysis in Custody Relocation Orders

Date: May 9, 2026

Bickerstaff v. Bickerstaff: Inferring a Nonmoving Parent’s Relocation and Rejecting “Scoreboard” Best-Interests Analysis in Custody Relocation Orders Introduction In Bickerstaff v. Bickerstaff (Idaho...

In re C.W. (Vt. May 8, 2026): Unpreserved CHINS-Procedural Objections and Unobjected Hearsay Do Not Defeat Termination; “Unfitness” Is Addressed Through § 5114(a) Best-Interests Findings

Date: May 9, 2026

In re C.W. (Vt. May 8, 2026): Unpreserved CHINS-Procedural Objections and Unobjected Hearsay Do Not Defeat Termination; “Unfitness” Is Addressed Through § 5114(a) Best-Interests Findings Vermont...

Rule 60(b) Is Not a Second Appeal: Clear-and-Convincing Proof Required for Fraud, and Procedural Defaults Bar Relitigation

Date: May 9, 2026

Rule 60(b) Is Not a Second Appeal: Clear-and-Convincing Proof Required for Fraud, and Procedural Defaults Bar Relitigation Introduction Case: James Jerome, Jr. v. Kerry Raheb and Renee Houston (Vt....

Reaffirming Deferential Review and Harmless-Error Principles in Vermont Divorce Property-Division Appeals

Date: May 9, 2026

Reaffirming Deferential Review and Harmless-Error Principles in Vermont Divorce Property-Division Appeals Precedential status. The court issued an Entry Order by a three-justice panel. As the order...

Remand Required When Trial Courts Fail to Make Clear Findings on “Monitoring” or “Surveillance” Under Vermont’s Civil Stalking Statute

Date: May 9, 2026

Remand Required When Trial Courts Fail to Make Clear Findings on “Monitoring” or “Surveillance” Under Vermont’s Civil Stalking Statute Melanie MacEachern v. Kurtis Mellett (Vt. Sup. Ct., May 8, 2026)...

Unprocessed Poppy Seeds as CSA “Material”: Knowingly Supplying Seeds for Poppy-Seed-Tea Extraction Triggers § 843(a)(6)–(7) Liability

Date: May 8, 2026

Unprocessed Poppy Seeds as CSA “Material”: Knowingly Supplying Seeds for Poppy-Seed-Tea Extraction Triggers § 843(a)(6)–(7) Liability Case: United States v. McCarthy (10th Cir. May 6, 2026) Court:...

First Circuit: Receipt-and-Possession Child Pornography Convictions Violate Double Jeopardy Absent a Record of Distinct Conduct

Date: May 8, 2026

First Circuit: Receipt-and-Possession Child Pornography Convictions Violate Double Jeopardy Absent a Record of Distinct Conduct I. Introduction In United States v. Ortiz-Colón (1st Cir. May 6, 2026),...

Discriminatory Wine Retail Shipping and Personal Import Caps Must Stand (or Fall) Under Tennessee Wine—Not as “Essential” Three-Tier Features

Date: May 8, 2026

Discriminatory Wine Retail Shipping and Personal Import Caps Must Stand (or Fall) Under Tennessee Wine—Not as “Essential” Three-Tier Features Case: Derek Block v. James Canepa (captioned parties...