Rule 403 and Rule 701 Limits on “Murder-Trial” Proof in a § 922(g) Case—Errors Deemed Harmless Amid Strong Circumstantial Evidence I. Introduction United States v. Lamar McCullough (3d Cir. Aug. 4,...
Plain-Error Barriers to Delegation and Explanation Challenges in Revocation Sentencing 1. Introduction In United States v. Mertlich (10th Cir. Aug. 5, 2026) (unpublished Order and Judgment), the...
COA Denied for Waived § 2254 Evidentiary Claims Raised Outside the Petition or Oitted from the COA Application Introduction In Cales v. The State of New Mexico (10th Cir. Aug. 5, 2026), Ivan Dennings...
Contract-Based “Express Consent” Defeats TCPA Autodial/Prerecorded-Call Claims; TILA Disclosure Claims Accrue at Contracting Absent New Credit Introduction Thigpen v. Westlake Services, LLC (10th...
Second Circuit: Compelled Disclosure of Third-Party Customer Data Is Outside Zauderer and Invalid Absent a Reasonable Central Hudson Fit 1. Introduction In DoorDash, Inc. v. City of New York (2d Cir....
Wild Fish Are Not “Property” Under the False Claims Act; Unassessed AFA Penalties Are Not an FCA “Obligation” Case: United States Ex Rel. Chiles v. Cooke Inc. (2d Cir. Aug. 5, 2026) Posture: Appeal...
Construction Managers Seeking Labor Law § 200 Summary Judgment Must Negate Delegated Control and Constructive Notice 1. Introduction In Vasquez v 1719 27 ST, LLC (2026 NY Slip Op 04894 [2d Dept Aug....
Patterned Escrow Misappropriation, Willful Ignorance, and Personal Benefit Support a Five-Year Suspension (Matter of Kunstlinger) Case: Matter of Kunstlinger, 2026 NY Slip Op 04857 (App Div, 2d Dept,...
No Delegation Where Court Declines to Schedule Parental Access: “Permit the Children to Visit if They So Desire” Construed as a Protective Directive 1. Introduction Matter of Ghokassian v....
Matter of Galloway: Pattern of Client Neglect, Misrepresentation, and Noncooperation Warrants a Three-Year Suspension 1. Introduction Matter of Galloway (2026 NY Slip Op 04853) is an attorney...
Retiree Health-Insurance Contributions in Individual Employment Contracts: No Implied “Retire Directly From the District” or Durational Limitation Absent Contract Language Case: Krouskoff v...
Armstrong v. Dumbo Lofts Rental, LLC: No “Reliance” Showing Needed for Fraudulent Deregulation Scheme Claims; Conclusory Owner Proof Cannot Win Summary Judgment 1. Introduction Armstrong v Dumbo...
Mandatory Dismissal of Untimely Unemployment Appeals: No ULJ Discretion to Excuse Late Filing Under Minn. Stat. §§ 268.101, subd. 2(f) and 268.105, subd. 1a(c) 1. Introduction In Jordan L. Oslund v....
Recoupment Extinguishes a Mechanic’s Lien (and § 514.14 Fees) When Negligent-Construction Damages Exceed the Lien Case: Sustainable 9, LLC d/b/a Sustainable 9 Design + Build v. Jacqueline Coleman,...
Receiver Quasi‑Judicial Immunity Is Motive‑Blind When Acts Fall Within the Receivership Scope Case: Seven Acquisition LLC v. Gregg Williams (Minn. Aug. 5, 2026) Court: Supreme Court of Minnesota...
Section 1926(b) Protection Requires Timely, Responsive Service After a Request—Years of Inaction Defeat “Made Available” 1. Introduction Dupont Water Company, Inc. v. City of Madison, Indiana (7th...
Viewpoint-Based Moderation of Open Municipal Website Comment Sections Is Clearly Unconstitutional (No Qualified Immunity) Case: Elizabeth Schulte v. Kenneth J. Leners and Town of Cedar Lake,...
United States v. Pena: Waiver of Rule 32.1 Revocation Protections by Electing to Proceed, and Mandatory Specificity for “Risk-Notification” Supervised-Release Conditions Court: U.S. Court of Appeals...
Independent Counsel Under Illinois Law Requires an Actual Insurer–Insured Conflict (Not Mere Co‑Insured Adversity) Case: Consolidated Chassis Management LLC v. Northland Insurance Company Court:...
Cross-Drug Rule 404(b) Evidence Is Inadmissible When It Depends on “Drug Dealer” Propensity; Limited Closing-Rebuttal Framing Is Not a Griffin Comment Introduction United States v. Miguel A....