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

NRCP 12(g)(2) on Remand: No New Rule 12(b) Grounds After an Initial Motion (Except Subject-Matter Jurisdiction and Preserved, Unadjudicated Defenses)

Date: Aug 21, 2026

NRCP 12(g)(2) on Remand: No New Rule 12(b) Grounds After an Initial Motion (Except Subject-Matter Jurisdiction and Preserved, Unadjudicated Defenses) Case: 8933 Square Knot Trust v. Bank of New York...

Professional-Negligence Fee Caps Apply by Substance (Not Labels), and Attorney Liens Must Be Perfected Before Counsel Receives Settlement Funds

Date: Aug 21, 2026

Professional-Negligence Fee Caps Apply by Substance (Not Labels), and Attorney Liens Must Be Perfected Before Counsel Receives Settlement Funds 1. Introduction Case: CASTILLO v. ATKINSON WATKINS &...

NAC 293.0604’s Candidate-Filing Methods Are Exclusive: Email Filing Is Invalid and Requires Ballot Exclusion

Date: Aug 21, 2026

NAC 293.0604’s Candidate-Filing Methods Are Exclusive: Email Filing Is Invalid and Requires Ballot Exclusion 1. Introduction Mercer v. Portillo (Candelaria) is an original, emergency election case in...

Modest Comparative Disparity and Conclusory Claims Do Not Establish a Nevada Fair Cross-Section Violation

Date: Aug 20, 2026

Modest Comparative Disparity and Conclusory Claims Do Not Establish a Nevada Fair Cross-Section Violation 1. Introduction In LOVE (DENNIS) v. STATE (CRIMINAL), appellant Dennis Edward Love appealed...

Sua Sponte Trial-Court Intervention Preserves Prosecutorial-Misconduct Claims for Comments on Fourth Amendment Refusals (and Limits Relief to Harmless-Error Review)

Date: Aug 20, 2026

Sua Sponte Trial-Court Intervention Preserves Prosecutorial-Misconduct Claims for Comments on Fourth Amendment Refusals (and Limits Relief to Harmless-Error Review) 1. Introduction In ABEL (JESSE) v....

Breaking the Ballot-Box Seal Triggers a Special Election Without Proof of Fraud

Date: Aug 19, 2026

Breaking the Ballot-Box Seal Triggers a Special Election Without Proof of Fraud Introduction In Michael Cathey v. Allen "Vashon" Tanksley (Miss. Aug. 13, 2026), the Supreme Court of Mississippi...

UPCCRA Intervening-Decision Exception Requires a Showing of Actual Adverse Effect; Andrew v. White Does Not Automatically Reopen Time-Barred, Successive Capital PCR Claims

Date: Aug 19, 2026

UPCCRA Intervening-Decision Exception Requires a Showing of Actual Adverse Effect; Andrew v. White Does Not Automatically Reopen Time-Barred, Successive Capital PCR Claims 1. Introduction This en...

Mississippi County Election Commissions Lack Statutory Jurisdiction to Disqualify County Court Judge Candidates Pre‑Election

Date: Aug 19, 2026

Mississippi County Election Commissions Lack Statutory Jurisdiction to Disqualify County Court Judge Candidates Pre‑Election Introduction In In Re: Petition to Disqualify Kevin A. Adams as a...

Appellate Waiver and the Limits of M.R.A.P. 10(e): Failure to Brief Summary-Judgment Error Forfeits Review; Post-Judgment Evidence Cannot Cure the Record

Date: Aug 19, 2026

Appellate Waiver and the Limits of M.R.A.P. 10(e): Failure to Brief Summary-Judgment Error Forfeits Review; Post-Judgment Evidence Cannot Cure the Record I. Introduction In Demetrius Johnson v. Erich...

Mandamus Denied Absent Clear Statutory Command: JJA Transfer Provisions Are Not Self-Executing and Need Not Precede Juvenile Adjudication

Date: Aug 19, 2026

Mandamus Denied Absent Clear Statutory Command: JJA Transfer Provisions Are Not Self-Executing and Need Not Precede Juvenile Adjudication I. Introduction In re Commonwealth, 2026 MP 8 (NMI Sup. Ct....

Strict “Reasonable Time” Requirement for Appeal-Deprivation Good Cause Under NRS 34.726(1)

Date: Aug 19, 2026

Strict “Reasonable Time” Requirement for Appeal-Deprivation Good Cause Under NRS 34.726(1) 1. Introduction In Wesson (Jeremy) v. State (Criminal), the Nevada Supreme Court dismissed Jeremy Devon...

United States v. Reed: No Temporal Limitation Required for a Cellphone Warrant Tied to an Ongoing Possession Offense of Unknown Duration

Date: Aug 18, 2026

United States v. Reed: No Temporal Limitation Required for a Cellphone Warrant Tied to an Ongoing Possession Offense of Unknown Duration Court: United States Court of Appeals for the Tenth Circuit...

Marquez-Cortez v. Bondi: Sua Sponte Issue-Exhaustion and Tightened Proof of “Social Distinction,” Nexus, and CAT Acquiescence in Gang-Violence Claims

Date: Aug 18, 2026

Marquez-Cortez v. Bondi: Sua Sponte Issue-Exhaustion and Tightened Proof of “Social Distinction,” Nexus, and CAT Acquiescence in Gang-Violence Claims 1. Introduction In Marquez-Cortez v. Bondi (10th...

Royalty Protest Clauses Bar Decades-Later Recalculations; “Adjoining Lands” Includes All Lands in Any Contiguous Lease

Date: Aug 18, 2026

Royalty Protest Clauses Bar Decades-Later Recalculations; “Adjoining Lands” Includes All Lands in Any Contiguous Lease 1. Introduction Wildcat Coal LLC v. Pacific Minerals Inc., et al. (doing...

Urena v. Travelers: EPL Endorsements Do Not Displace “All Claims” Related-Claims Clauses Absent a True Conflict

Date: Aug 18, 2026

EPL Endorsements Do Not Displace “All Claims” Related-Claims Clauses Absent a True Conflict (and Prior-and-Pending Exclusions Do Not Create Coverage) Introduction In Urena v. Travelers Casualty and...

Cosel v. Wendt (1st Cir. 2026): Federal Courts Should Avoid Unnecessary Erie Predictions on Unsettled Massachusetts Entireties-and-Divorce Creditor Rules; Nonparty May Restrain Enforcement of a Prior Judgment Under Restatement § 76

Date: Aug 18, 2026

Federal Courts Should Avoid Unnecessary Erie Predictions on Unsettled Massachusetts Entireties-and-Divorce Creditor Rules; Nonparty May Restrain Enforcement of a Prior Judgment Under Restatement § 76...

ESA Incidental-Take Plans Must Compare the Biological Value of Lost and Replacement Habitat Before Relying on Translocation/Mitigation Assumptions

Date: Aug 18, 2026

ESA Incidental-Take Plans Must Compare the Biological Value of Lost and Replacement Habitat Before Relying on Translocation/Mitigation Assumptions Case: Friends of Animals v. U.S. Fish and Wildlife...

Cross-Commissioned State Officers in Indian Country: Temporary Detention Before Confirming Indian Status Can Be “Under Color of” State Law (and Not a Jurisdictional Bar)

Date: Aug 18, 2026

Cross-Commissioned State Officers in Indian Country: Temporary Detention Before Confirming Indian Status Can Be “Under Color of” State Law (and Not a Jurisdictional Bar) 1. Introduction Walden v. The...

Retaliation-Only Witness Crimes Are Not “Obstruction of Justice” Aggravated Felonies Without Intent to Interfere with Legal Process

Date: Aug 18, 2026

Retaliation-Only Witness Crimes Are Not “Obstruction of Justice” Aggravated Felonies Without Intent to Interfere with Legal Process I. Introduction Bangs v. Blanche (1st Cir. Aug. 11, 2026) addresses...

Stability and Practical Feasibility Control Initial Long-Distance Custody Determinations Despite Both Parents’ Fitness

Date: Aug 18, 2026

Stability and Practical Feasibility Control Initial Long-Distance Custody Determinations Despite Both Parents’ Fitness 1. Introduction In Brian Swindler v. Leah Bright, 2026 WY 90 (Wyo. Aug. 11,...