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

Iowa Code § 670.4A Does Not Bar Common-Law Police-Shooting Torts; Federal Harlow Qualified-Immunity Rulings Do Not Preclude Iowa Tort Claims

Date: May 5, 2026

Iowa Code § 670.4A Does Not Bar Common-Law Police-Shooting Torts; Federal Harlow Qualified-Immunity Rulings Do Not Preclude Iowa Tort Claims 1. Introduction This Iowa Supreme Court decision arises...

Otis v. Miller — Pleading Personal Knowledge for Deliberate Indifference

Date: May 5, 2026

Otis v. Miller (5th Cir. Apr. 30, 2026): Grievances and Conclusory “Notice” Allegations Do Not Plead Personal Knowledge or Deliberate Indifference by Named Prison Officials 1. Introduction Case: Otis...

Disability-Benefits Notice Is Not an Accommodation Request: “Qualified Individual” and Comparator Proof Requirements in Academic Dismissal Challenges

Date: May 5, 2026

Disability-Benefits Notice Is Not an Accommodation Request: “Qualified Individual” and Comparator Proof Requirements in Academic Dismissal Challenges Case: Jackson v. Univ of TX SW Medical (5th Cir....

Ruffin v. Davis: Deadly Force Against an Armed, Fleeing Suspect Is Unconstitutional (and Clearly Established) Absent a Furtive or Threatening Weapon Movement

Date: May 5, 2026

Ruffin v. Davis: Deadly Force Against an Armed, Fleeing Suspect Is Unconstitutional (and Clearly Established) Absent a Furtive or Threatening Weapon Movement 1. Introduction Brittany Ruffin v. Kevin...

United States v. Bourabah: Disagreement with Counsel’s Strategy—Even if Framed as “Breakdown”—Does Not Require Substitution on the Eve of Trial, and Does Not Justify Withdrawing an Alford Plea Months Later

Date: May 5, 2026

United States v. Bourabah: Disagreement with Counsel’s Strategy—Even if Framed as “Breakdown”—Does Not Require Substitution on the Eve of Trial, and Does Not Justify Withdrawing an Alford Plea Months...

United States v. Bourabah: Late-Eve Substitution Limits, Alford-Plea Withdrawal Standards, and Upward Departures for Extreme Cyberstalking Harm

Date: May 5, 2026

United States v. Bourabah: Late-Eve Substitution Limits, Alford-Plea Withdrawal Standards, and Upward Departures for Extreme Cyberstalking Harm Court: Court of Appeals for the Fourth Circuit Date:...

Butler v. Floyd (3d Cir. Apr. 29, 2026): Retaliation Requires Defendant-Specific Causation; Delay-of-Care Claims Require Harm; No § 1983 Claim for Non-Investigation of Grievances

Date: May 5, 2026

Retaliation Requires Defendant-Specific Causation; Delay-of-Care Claims Require Harm; No § 1983 Claim for Non-Investigation of Grievances 1. Introduction In John Butler v. Floyd, the United States...

Rule 8 and § 1915(e) Screening: Specificity, Causation, and Municipal-Liability Requirements for NDAA Whistleblower and Title II ADA Claims

Date: May 5, 2026

Rule 8 and § 1915(e) Screening: Specificity, Causation, and Municipal-Liability Requirements for NDAA Whistleblower and Title II ADA Claims Case: George Trombetti v. Borough of Aldan (3d Cir. Apr....

West Virginia Severance Tax Wellhead Valuation: “Gross Proceeds” Are the Producer’s Net Settlement Receipts (Not Midstream “Product Value”), and a Later Refund Check Can Restart the 60-Day OTA Appeal Period

Date: May 5, 2026

West Virginia Severance Tax Wellhead Valuation: “Gross Proceeds” Are the Producer’s Net Settlement Receipts (Not Midstream “Product Value”), and a Later Refund Check Can Restart the 60-Day OTA Appeal...

Conditional Pleas Do Not Create Appellate Finality: West Virginia Criminal Appeals Require Sentence as the Final Judgment

Date: May 5, 2026

Conditional Pleas Do Not Create Appellate Finality: West Virginia Criminal Appeals Require Sentence as the Final Judgment I. Introduction In State of West Virginia v. Richard A. Hensley Jr. (Apr. 30,...

Preston v. SB&C, Ltd.: Charity-Care Notice Duty Extends to Collection Agencies Collecting Hospital Debt Under RCW 70.170.060(8)(a)

Date: May 5, 2026

Preston v. SB&C, Ltd.: Charity-Care Notice Duty Extends to Collection Agencies Collecting Hospital Debt Under RCW 70.170.060(8)(a) Court: Supreme Court of Washington (En Banc) Date: April 30, 2026...

HELOCs Are Nonnegotiable; DTA “Holder” Proof Requires a Negotiable-Note Holder for Nonjudicial Foreclosure (Marquez Vargas v. RRA CP Opportunity Tr. 1)

Date: May 5, 2026

HELOCs Are Nonnegotiable; DTA “Holder” Proof Requires a Negotiable-Note Holder for Nonjudicial Foreclosure Marquez Vargas v. RRA CP Opportunity Trust 1 (Wash. Apr. 30, 2026) Court: Supreme Court of...

Polinder v. Brand Insulations: Construction Statute of Repose Bars Construction-Activity Claims but Not Independent Seller/Supplier Claims

Date: May 5, 2026

Construction Statute of Repose Bars Claims “Arising From” Integral Construction Work, but Not Claims Based on Independent Product Seller/Supplier Duties 1. Introduction Case: Polinder v. Aecom Energy...

Clean Air Act Citizen Suits Require Ongoing or Repeated SIP Violations—Purely Prospective Noncompliance Is Not Actionable Under § 7604(a)(1)

Date: May 5, 2026

Clean Air Act Citizen Suits Require Ongoing or Repeated SIP Violations—Purely Prospective Noncompliance Is Not Actionable Under § 7604(a)(1) I. Introduction Gordon-Darby Holdings, Inc. v. Quinn is a...

Contractual Silence on Contingency-Fee Bonus Credit Is Not Ambiguity; Wage Claimant Must Prove an Agreed Bonus Rate

Date: May 5, 2026

Contractual Silence on Contingency-Fee Bonus Credit Is Not Ambiguity; Wage Claimant Must Prove an Agreed Bonus Rate Introduction In Dino Moncecchi v. Mckellar, Tiedeken & Scoggin, LLC, 2026 WY 50...

State v. Kelly — Harmless-Error Review for Denied Use-of-Force Instructions in Aggravated-Burglary Felony Murder; “Physical Evidence Is Not Biased” Closing Argument Not Improper Vouching

Date: May 5, 2026

State v. Kelly — Harmless-Error Review for Denied Use-of-Force Instructions in Aggravated-Burglary Felony Murder; “Physical Evidence Is Not Biased” Closing Argument Not Improper Vouching 1....

Amendment 80 Fixes Jurisdiction: Circuit Courts Retain Original Jurisdiction Over Facial Constitutional Challenges; Legislature Cannot Confer Exclusive Original Jurisdiction on the Court of Appeals

Date: May 5, 2026

Amendment 80 Fixes Jurisdiction: Circuit Courts Retain Original Jurisdiction Over Facial Constitutional Challenges; Legislature Cannot Confer Exclusive Original Jurisdiction on the Court of Appeals...

“Methamphetamine” in the Controlled Substances Act Means the Generic Drug—No Isomer-by-Isomer Proof Required

Date: May 5, 2026

“Methamphetamine” in the Controlled Substances Act Means the Generic Drug—No Isomer-by-Isomer Proof Required 1. Introduction United States v. Glenn Wooden (7th Cir. Apr. 30, 2026) addresses a...

United States v. Blair: Cellebrite Phone Extractions May Be Authenticated and Admitted Through Lay Agent Testimony (No Expert Required)

Date: May 5, 2026

United States v. Blair: Cellebrite Phone Extractions May Be Authenticated and Admitted Through Lay Agent Testimony (No Expert Required) Court: U.S. Court of Appeals for the Eleventh Circuit Date:...

Abandonment on Appeal Affirms Domestic-Relations Abstention, But Abstention Dismissals Must Be Without Prejudice (11th Cir.)

Date: May 5, 2026

Abandonment on Appeal Affirms Domestic-Relations Abstention, But Abstention Dismissals Must Be Without Prejudice (11th Cir.) Case: Oleksandra Plyatsko v. Alice Benton, et al. (No. 25-11784,...