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

Cunha v. Freden — Section 1225(b)(2)(A) Mandatory Detention Limited to Noncitizens “Seeking Admission,” Not Long-Present Interior Entrants

Date: May 5, 2026

Section 1225(b)(2)(A) Mandatory Detention Is Limited to Noncitizens “Seeking Admission”; Long-Present Interior Entrants Are Detained (and Bond-Eligible) Under Section 1226(a) I. Introduction Cunha v....

FLSA Collective Action Notice Requires Personal Jurisdiction Over Each Opt-In Claim Under Rule 4(k)

Date: May 5, 2026

FLSA Collective Action Notice Requires Personal Jurisdiction Over Each Opt-In Claim Under Rule 4(k) 1. Introduction Provencher v. Bimbo Foods Bakeries Distribution LLC (2d Cir. May 4, 2026) addresses...

Griffin v. LaManna: Certificate of Appealability Required to Appeal Denial of Rule 4(a)(5) Extension in State Habeas

Date: May 5, 2026

Griffin v. LaManna: Certificate of Appealability Required to Appeal Denial of Rule 4(a)(5) Extension in State Habeas 1. Introduction In Griffin v. LaManna (2d Cir. Apr. 29, 2026), the Second Circuit...

Class Membership in the Payment Card Settlement Turns on Contractual Intent—not a “Direct Payor” Rule; Settlement Release Bars Later State-Law Indirect-Purchaser Claims

Date: May 5, 2026

Class Membership in the Payment Card Settlement Turns on Contractual Intent—not a “Direct Payor” Rule; Settlement Release Bars Later State-Law Indirect-Purchaser Claims 1. Introduction This Second...

Rule 60(b)(3) “Misconduct” in the Second Circuit Requires More Than Negligent Discovery Errors

Date: May 5, 2026

Rule 60(b)(3) “Misconduct” in the Second Circuit Requires More Than Negligent Discovery Errors Introduction In Adidas America, Inc. v. Thom Browne, Inc. (2d Cir. Apr. 29, 2026), adidas sought to...

Government Employees Not Covered by the LHWCA May Bring Sieracki Unseaworthiness Claims, and State Volunteer Firefighter Exclusivity Cannot Bar General Maritime Negligence

Date: May 5, 2026

Government Employees Not Covered by the LHWCA May Bring Sieracki Unseaworthiness Claims, and State Volunteer Firefighter Exclusivity Cannot Bar General Maritime Negligence 1. Introduction Case: In...

Partial Section 18.001 Counteraffidavits: Unchallenged Medical-Expense Portions Remain Admissible (and Counteraffidavits May Prove the Reasonable Portion)

Date: May 5, 2026

Partial Section 18.001 Counteraffidavits: Unchallenged Medical-Expense Portions Remain Admissible (and Counteraffidavits May Prove the Reasonable Portion) I. Introduction Parties: Tatia Ortiz...

Commissioner’s § 481.034(g) Objections Are Effectively Unreviewable and Not Subject to APA Rulemaking; Courts May Not Enjoin Agencies to “Rewrite” Controlled-Substance Schedules

Date: May 5, 2026

Commissioner’s § 481.034(g) Objections Are Effectively Unreviewable and Not Subject to APA Rulemaking; Courts May Not Enjoin Agencies to “Rewrite” Controlled-Substance Schedules 1. Introduction In...

Eligibility Is Not Entitlement: Discretion to Deny Amendment 821 (Zero-Point Offender) Reductions Under § 3582(c)(2) Based on § 3553(a)

Date: May 5, 2026

Eligibility Is Not Entitlement: Discretion to Deny Amendment 821 (Zero-Point Offender) Reductions Under § 3582(c)(2) Based on § 3553(a) 1. Introduction In United States v. Mario Enrique Mendoza...

Eligibility Is Not Entitlement: Discretionary Denial of Amendment 821 § 3582(c)(2) Relief Based on § 3553(a) Offense Seriousness

Date: May 5, 2026

Eligibility Is Not Entitlement: Discretionary Denial of Amendment 821 § 3582(c)(2) Relief Based on § 3553(a) Offense Seriousness 1. Introduction In United States v. Mario Enrique Mendoza Delgado...

Form-Order Denials of Compassionate Release Must Permit Meaningful Appellate Review (Including Sealed Victim-Impact Materials)

Date: May 5, 2026

Form-Order Denials of Compassionate Release Must Permit Meaningful Appellate Review (Including Sealed Victim-Impact Materials) Introduction In United States v. Larry Douglas McPherson (11th Cir. May...

AIR21 Back-Pay Mitigation Requires “Reasonable Diligence,” Not a “Gross or Egregious Misconduct” Threshold

Date: May 5, 2026

AIR21 Back-Pay Mitigation Requires “Reasonable Diligence,” Not a “Gross or Egregious Misconduct” Threshold 1. Introduction Exclusive Jets, LLC v. United States Department of Labor, Administrative...

Plain-Error Shield for Terry Frisks and Career-Offender Predicates: Aggregated Suspicion and “Realistic Probability” in Louisiana Cocaine Cases

Date: May 5, 2026

Plain-Error Shield for Terry Frisks and Career-Offender Predicates: Aggregated Suspicion and “Realistic Probability” in Louisiana Cocaine Cases 1. Introduction In United States v. Young (5th Cir. May...

Norman v. Beaumont ISD — Unpleaded “Context” Cannot Convert a Rule 12(b)(6) Dismissal: Social-Media Critiques of Workplace Leadership Are Not “Public Concern” Without Plausible Allegations

Date: May 5, 2026

Norman v. Beaumont ISD — Unpleaded “Context” Cannot Convert a Rule 12(b)(6) Dismissal: Social-Media Critiques of Workplace Leadership Are Not “Public Concern” Without Plausible Allegations 1....

Recall-Petition Signature Threshold in a Charter City Is Based on Total Electors Voting in the Last Mayoral Election, Not Votes Cast for Mayor

Date: May 5, 2026

Recall-Petition Signature Threshold in a Charter City Is Based on Total Electors Voting in the Last Mayoral Election, Not Votes Cast for Mayor I. Introduction State ex rel. Shannon v. Ogg, Slip...

Undisclosed Debtor Settlements Are Ineffective Without Rule 9019 Approval; Trustee May Later Obtain Approval on the Same Terms

Date: May 5, 2026

Undisclosed Debtor Settlements Are Ineffective Without Rule 9019 Approval; Trustee May Later Obtain Approval on the Same Terms 1. Introduction In re: William F. Carney (3d Cir. May 1, 2026) arises...

People v. Stayner (2026): Change-of-Venue Selection Is Limited to Judicial Council–Available Counties; Publicity Comparisons to Unavailable Counties Are Irrelevant

Date: May 5, 2026

People v. Stayner (Cal. 2026): Change-of-Venue Selection Is Limited to Judicial Council–Available Counties; Publicity Comparisons to Unavailable Counties Are Irrelevant 1. Introduction People v....

State v. Morris (2026-Ohio-1519): Article I, Section 10 Right to Counsel Is a “Trial” Right and Does Not Bar Preindictment Interrogation After Counsel Is Appointed

Date: May 5, 2026

State v. Morris (2026-Ohio-1519): Article I, Section 10 Right to Counsel Is a “Trial” Right and Does Not Bar Preindictment Interrogation After Counsel Is Appointed Court: Supreme Court of Ohio Date:...

Pattern of Violence, Threats, and Harassment—Even While “Retired” and Pro Se—Establishes Unfitness and Warrants Disbarment

Date: May 5, 2026

Pattern of Violence, Threats, and Harassment—Even While “Retired” and Pro Se—Establishes Unfitness and Warrants Disbarment 1. Introduction In STATE OF OKLAHOMA ex rel. OBA v. KELLY JOHN BARLEAN, the...

Iowa Elective Share Limited to Revocable Trusts—Assets Held by a Panamanian Private Interest Foundation Are Excluded

Date: May 5, 2026

Iowa Elective Share Limited to Revocable Trusts—Assets Held by a Panamanian Private Interest Foundation Are Excluded Case: In the Matter of the Estate of James Edwin Ibeling (Iowa Sup. Ct. May 1,...