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

Offense at Government Design Is Not Article III Injury: Aesthetic Standing Requires More Than Distaste

Date: Sep 3, 2026

Offense at Government Design Is Not Article III Injury: Aesthetic Standing Requires More Than Distaste Introduction National Park Service v. National Trust for Historic Preservation in the United...

Third Circuit Limits § 1225(b)(2)(A) Mandatory Detention to Noncitizens Actively “Seeking Admission” and Requires Bond Hearings for Long-Resident EWI Detainees

Date: Sep 3, 2026

Third Circuit Limits § 1225(b)(2)(A) Mandatory Detention to Noncitizens Actively “Seeking Admission” and Requires Bond Hearings for Long-Resident EWI Detainees I. Introduction In Gabriel Buele...

Rule 60(b) “Reasonable Time” Is Independent of the One-Year Cap: Five-Month Delay Without a Concrete Justification Is Untimely

Date: Sep 3, 2026

Rule 60(b) “Reasonable Time” Is Independent of the One-Year Cap: Five-Month Delay Without a Concrete Justification Is Untimely I. Introduction In Varondria Williams v. Edward J. Fay (11th Cir. Sept....

IDEA Two-Year Limitations: Parents’ Knowledge Bars Later Adult Claims, and the Same Clock Governs Parallel ADA/§ 504 Education-Service Claims

Date: Sep 3, 2026

IDEA Two-Year Limitations: Parents’ Knowledge Bars Later Adult Claims, and the Same Clock Governs Parallel ADA/§ 504 Education-Service Claims 1. Introduction In L. W. v. Jersey City Board of...

Third Circuit “Clear Indication” Rule: Bench Warnings Can Trigger Undue Delay for Post-Judgment Amendment; Medical-Pixel Disclosure Suffices for Article III Standing Without Itemizing Conditions

Date: Sep 3, 2026

Third Circuit “Clear Indication” Rule: Bench Warnings Can Trigger Undue Delay for Post-Judgment Amendment; Medical-Pixel Disclosure Suffices for Article III Standing Without Itemizing Conditions I....

Third Circuit: Long-Present “Applicants for Admission” Detained in the Interior Are Not “Seeking Admission” Under INA § 1225(b)(2)(A) and Must Receive Bond Process Under § 1226(a) and the Fifth Amendment

Date: Sep 3, 2026

Third Circuit: Long-Present “Applicants for Admission” Detained in the Interior Are Not “Seeking Admission” Under INA § 1225(b)(2)(A) and Must Receive Bond Process Under § 1226(a) and the Fifth...

Wyoming Rule: Unraised K9 Free-Air Sniff Challenges Are Waived Absent “Impediment”-Based Good Cause; Coded Drug Messages Admissible as 404(b) Context for Intent to Distribute

Date: Sep 3, 2026

Wyoming Rule: Unraised K9 Free-Air Sniff Challenges Are Waived Absent “Impediment”-Based Good Cause; Coded Drug Messages Admissible as 404(b) Context for Intent to Distribute Introduction In Marvin...

Arizona Clarifies § 8-533(B)(2): Past Neglect Proves the Termination Ground; Reunification Services Belong in Best Interests

Date: Sep 3, 2026

Arizona Clarifies § 8-533(B)(2): Past Neglect Proves the Termination Ground; Reunification Services Belong in Best Interests Case: IN RE TERMINATION OF PARENTAL RIGHTS AS TO M.P. (Ariz. Sept. 1,...

Arizona Defines “Fortuitous Loss” by the Insured’s Knowledge: Non-Fortuity Requires a Known, Ongoing, or Certain Loss with No Material Contingency

Date: Sep 3, 2026

Arizona Defines “Fortuitous Loss” by the Insured’s Knowledge: Non-Fortuity Requires a Known, Ongoing, or Certain Loss with No Material Contingency 1. Introduction Industrial Park Center, LLC d/b/a...

De La Cruz v. State — HRS § 12-41(b) “Ten Percent” Uses Candidate Votes Only; Hustace Forecloses Equal-Protection Challenge to Nonpartisan Advancement Rules

Date: Sep 3, 2026

De La Cruz v. State: HRS § 12-41(b) “Ten Percent” Uses Candidate Votes Only; Hustace v. Doi Controls Equal-Protection Challenges to Nonpartisan Advancement Rules 1. Introduction Case: De La Cruz v....

Bryan v. Commissioner of Correction: “No Deal” Testimony Triggers a Napue Duty to Correct Any Misleading Denial of a Cooperation Agreement—Disclosure to the Defense Does Not Cure Jury Misimpressions

Date: Sep 3, 2026

“No Deal” Testimony Triggers a Napue Duty to Correct Any Misleading Denial of a Cooperation Agreement—Disclosure to the Defense Does Not Cure Jury Misimpressions 1. Introduction Bryan v. Commissioner...

Bryan v. Commissioner of Correction — Commentary

Date: Sep 3, 2026

Brady/Giglio Requires Disclosure of Unilateral Charging Decisions Conferring Benefits on a Cooperating Witness (Even Without a Proven “Deal”) I. Introduction Bryan v. Commissioner of Correction...

Sua Sponte Dismissals, Delayed-Appeal Gatekeeping, and Mandatory Privacy Redaction in Ohio Supreme Court Case Announcements (Sept. 1, 2026)

Date: Sep 3, 2026

Sua Sponte Dismissals, Delayed-Appeal Gatekeeping, and Mandatory Privacy Redaction in Ohio Supreme Court Case Announcements (Sept. 1, 2026) 1. Introduction The Supreme Court of Ohio’s September 1,...

Municipal Charter-Amendment Petitions in Ohio: Signature Threshold Based on Votes Cast and Mandatory Special-Election Submission

Date: Sep 3, 2026

Municipal Charter-Amendment Petitions in Ohio: Signature Threshold Based on Votes Cast and Mandatory Special-Election Submission I. Introduction In State ex rel. Blankenship v. Trenton City Council,...

Statutory Damages for Wrongful Denial of Prison Video Records Despite Later Overwrite; Work Contact Information May Not Be Redacted Absent a Statutory Exemption

Date: Sep 3, 2026

Statutory Damages for Wrongful Denial of Prison Video Records Despite Later Overwrite; Work Contact Information May Not Be Redacted Absent a Statutory Exemption I. Introduction Case: State ex rel....

Conditional Treatment Recommendations Render First-Time Methamphetamine Sentences Illegal Under 9 GCA § 67.401.12

Date: Sep 3, 2026

Conditional Treatment Recommendations Render First-Time Methamphetamine Sentences Illegal Under 9 GCA § 67.401.12 Case: People of Guam v. Colleen Sherise Castillon Yurko, 2026 Guam 9 (Supreme Court...

Second Circuit Adopts the “Maxwell Rule”: Appeals May Be Dismissed for Nonpayment of Sister-Circuit Rule 38 Sanctions in Related Matters

Date: Sep 3, 2026

Second Circuit Adopts the “Maxwell Rule”: Appeals May Be Dismissed for Nonpayment of Sister-Circuit Rule 38 Sanctions in Related Matters 1. Introduction Arrowhead Capital Finance, Ltd. v. Picture Pro...

Second Circuit Adopts a Multi-Factor Test for When Denial of Leave to Amend Precludes a Later Suit

Date: Sep 3, 2026

Second Circuit Adopts a Multi-Factor Test for When Denial of Leave to Amend Precludes a Later Suit 1. Introduction Trireme Energy Development v. RWE Renewables (2d Cir. Sept. 1, 2026) addresses a...

Crowe v. Gee (10th Cir. 2026): Default Is Unavailable When Rule 12(a)(3)’s 60-Day Clock Has Not Run From Service on the U.S. Attorney

Date: Sep 3, 2026

Default Is Unavailable When Rule 12(a)(3)’s 60-Day Clock Has Not Run From Service on the U.S. Attorney (and Timely Extensions Defeat Default) 1. Introduction In Crowe v. Gee, No. 25-2118 (10th Cir....

No Collateral-Order Appellate Jurisdiction Over § 4241(b) Competency-Evaluation Orders for Already-Detained Defendants

Date: Sep 3, 2026

No Collateral-Order Appellate Jurisdiction Over § 4241(b) Competency-Evaluation Orders for Already-Detained Defendants Introduction In United States v. Bayne (10th Cir. Sept. 1, 2026), the Tenth...