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

Rooker-Feldman Bars Federal Attacks on State Fee Judgments but Not Independent Tort Claims Based on Underlying Conduct

Date: Sep 11, 2026

Rooker-Feldman Bars Federal Attacks on State Fee Judgments but Not Independent Tort Claims Based on Underlying Conduct I. Introduction In William Covert v. Arielle Hacking (11th Cir. Sept. 4, 2026)...

Monell Liability for Brady Violations Does Not Turn on Intent; “Forwarding” Limits Police Fair-Trial Fabrication Claims

Date: Sep 11, 2026

Monell Liability for Brady Violations Does Not Turn on Intent; “Forwarding” Limits Police Fair-Trial Fabrication Claims 1. Introduction Jimenez v. City of New York (2d Cir. Sept. 4, 2026) arises from...

Rule 4(b)(4) Extensions in § 3582 Compassionate-Release Appeals: Excusable-Neglect Showing Must Be Made in the Extension Motion, Not in a Late Reply

Date: Sep 11, 2026

Rule 4(b)(4) Extensions in § 3582 Compassionate-Release Appeals: Excusable-Neglect Showing Must Be Made in the Extension Motion, Not in a Late Reply 1. Introduction United States v. Norcutt (10th...

Williams v. Crane: Younger Abstention Bars Federal Equitable Relief that Would Disrupt Ongoing State Child-Custody Enforcement; GAL and Court-Appointed Custody Professionals Receive Quasi-Judicial Immunity

Date: Sep 11, 2026

Williams v. Crane: Younger Abstention Bars Federal Equitable Relief that Would Disrupt Ongoing State Child-Custody Enforcement; GAL and Court-Appointed Custody Professionals Receive Quasi-Judicial...

Qualified Immunity During Active Resistance: General “Disproportionate Force” Principles Do Not Clearly Establish Excessive-Force Limits

Date: Sep 11, 2026

Qualified Immunity During Active Resistance: General “Disproportionate Force” Principles Do Not Clearly Establish Excessive-Force Limits 1. Introduction Case: Rafael Cendan v. Officer Jose Trujillo...

Eleventh Circuit: Pro Se Litigants Must Receive Court-Directed Notice and One Meaningful Chance to Replead Before With-Prejudice Dismissal; Rule 58 Separate-Judgment Requirement Controls Appeal Timeliness

Date: Sep 11, 2026

Eleventh Circuit: Pro Se Litigants Must Receive Court-Directed Notice and One Meaningful Chance to Replead Before With-Prejudice Dismissal; Rule 58 Separate-Judgment Requirement Controls Appeal...

Plain-Error Limits on Plea-Agreement Breach Claims and Guilty-Plea Waiver of Geofence Suppression Issues (United States v. Scott Carpenter, Jr.)

Date: Sep 11, 2026

Plain-Error Limits on Plea-Agreement Breach Claims and Guilty-Plea Waiver of Geofence Suppression Issues Case: United States v. Scott Carpenter, Jr. (11th Cir. Sept. 4, 2026) (per curiam) (not for...

TVPA Fee Awards: When a “Rare Case” Justifies Above-Forum Rates and Multi-Timekeeper Staffing

Date: Sep 11, 2026

TVPA Fee Awards: When a “Rare Case” Justifies Above-Forum Rates and Multi-Timekeeper Staffing I. Introduction Moore v. Rubin (2d Cir. Sept. 4, 2026) addresses a recurring, high-stakes question in...

Merger Doctrine at the Pleading Stage: Opinion-Based Price Lists Cannot Be Dismissed Without a Factual Record on Methodology and Numerical Range

Date: Sep 11, 2026

Merger Doctrine at the Pleading Stage: Opinion-Based Price Lists Cannot Be Dismissed Without a Factual Record on Methodology and Numerical Range 1. Introduction In Rapaport v. Nivoda (2d Cir. Sept....

Appellate Waiver for Pro Se Deficient Briefing: Failure to Cite the Record or Attack Dispositive Grounds Requires Affirmance

Date: Sep 11, 2026

Appellate Waiver for Pro Se Deficient Briefing: Failure to Cite the Record or Attack Dispositive Grounds Requires Affirmance Introduction Cook v. Albany County Board of County Commissioners (10th...

§ 922(g)(1) Unanimity Rule: Jury Need Not Agree on the Specific Firearm or Ammunition Possessed

Date: Sep 10, 2026

§ 922(g)(1) Unanimity Rule: Jury Need Not Agree on the Specific Firearm or Ammunition Possessed Case: United States v. Miguel Rivera, A/K/A Macho (2d Cir. Sept. 3, 2026) Court: United States Court of...

Cabined Delegation Rule for Third-Party Risk Notifications in Supervised Release

Date: Sep 10, 2026

Cabined Delegation Rule for Third-Party Risk Notifications in Supervised Release: Courts May Authorize Probation to Identify At-Risk Third Parties When the Court Defines the Risk 1. Introduction In...

“Pending” Includes the Rule 59(e) Post‑Judgment Window: CNMI Courts Must Apply PL 23‑17 Survivorship Retroactively to Nonfinal Cases

Date: Sep 10, 2026

“Pending” Includes the Rule 59(e) Post‑Judgment Window: CNMI Courts Must Apply PL 23‑17 Survivorship Retroactively to Nonfinal Cases 1. Introduction Deleon Guerrero v. St. Jude Renal Care Facility,...

State Need Not Prove Provocation Exception Once It Disproves Any Element of Self-Defense

Date: Sep 9, 2026

State Need Not Prove Provocation Exception Once It Disproves Any Element of Self-Defense Introduction In State v. Guerrero (Conn. Sept. 8, 2026), the Connecticut Supreme Court affirmed a murder...

“Place of Employment Address” Means the Physical Worksite Under R.C. 2950.05(F)(2): No Vagueness As Applied to Multi-Week Offsite Assignments

Date: Sep 9, 2026

“Place of Employment Address” Means the Physical Worksite Under R.C. 2950.05(F)(2): No Vagueness As Applied to Multi-Week Offsite Assignments 1. Introduction In State v. Smith, Slip Opinion No....

Missouri Referendum Power Extends to Congressional Redistricting Acts: “Any Act of the General Assembly” Means Any Act

Date: Sep 9, 2026

Missouri Referendum Power Extends to Congressional Redistricting Acts: “Any Act of the General Assembly” Means Any Act 1. Introduction In von Glahn vs. Hoskins (Mo. banc Sept. 3, 2026), the Supreme...

Harris v. Hoskins: Certificates of Insufficiency Must State Specific Reasons; Secretary of State Cannot Vacate and Re-Certify an Initiative Ballot Title

Date: Sep 9, 2026

Harris v. Hoskins: Certificates of Insufficiency Must State Specific Reasons; Secretary of State Cannot Vacate and Re-Certify an Initiative Ballot Title 1. Introduction In Harris v. Hoskins (Mo. banc...

Knighten v. VitalCore: McArn Wrongful-Discharge Claims Require Reported Conduct Warranting Criminal Penalties; Swindol Does Not Broaden McArn

Date: Sep 9, 2026

Knighten v. VitalCore: McArn Wrongful-Discharge Claims Require Reported Conduct Warranting Criminal Penalties; Swindol Does Not Broaden McArn 1. Introduction In Knighten v. VitalCore Health...

De Novo Review of Ambiguously Marked “Logo Ballots” in Alabama Election Contests

Date: Sep 9, 2026

De Novo Review of Ambiguously Marked “Logo Ballots” in Alabama Election Contests 1. Introduction Maxwell “Mike” Blackmon v. Randy Brock (Appeal from Conecuh Circuit Court: CV-22-6) is an Alabama...

Ecclesiastical-Abstention Is Not Jurisdictional Where Neutral Principles Can Decide Church-Property Deed Validity (and § 10A-17-1.06’s Statement-of-Authority Requirements)

Date: Sep 9, 2026

Ecclesiastical-Abstention Is Not Jurisdictional Where Neutral Principles Can Decide Church-Property Deed Validity (and § 10A-17-1.06’s Statement-of-Authority Requirements) 1. Introduction Cassandra...