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

“Abduction” Enhancement Applies to Forced Movement Within a Single Store When the Victims Are Relocated to a Distinct Area to Facilitate the Robbery

Date: Aug 6, 2026

“Abduction” Enhancement Applies to Forced Movement Within a Single Store When the Victims Are Relocated to a Distinct Area to Facilitate the Robbery Case: United States v. Jamal Gwaltney (Third...

Rooker-Feldman Bars Federal Injunctions Seeking to Vacate State Custody/Support Orders Despite Due-Process Framing

Date: Aug 6, 2026

Rooker-Feldman Bars Federal Injunctions Seeking to Vacate State Custody/Support Orders Despite Due-Process Framing Introduction In Eric Weiss v. Deborah Posner (3d Cir. Aug. 5, 2026)...

FMLA Leave Requires Evidence of a “Serious Health Condition,” and Retaliation Claims Require Evidence Linking Termination to Protected Activity

Date: Aug 6, 2026

FMLA Leave Requires Evidence of a “Serious Health Condition,” and Retaliation Claims Require Evidence Linking Termination to Protected Activity Introduction In Davenport v. Zachary Manor Nursing and...

Receipt of Child Pornography Can Proximately Cause Guardians’ Search-and-Relocation Losses When “Inextricably Linked” to the Minor’s Flight

Date: Aug 6, 2026

Receipt of Child Pornography Can Proximately Cause Guardians’ Search-and-Relocation Losses When “Inextricably Linked” to the Minor’s Flight Introduction In United States v. Dill (5th Cir. Aug. 5,...

Plausibility Pleading for “Cat’s Paw” and Monell Liability in Public-Employer Race-Termination Claims

Date: Aug 6, 2026

Plausibility Pleading for “Cat’s Paw” and Monell Liability in Public-Employer Race-Termination Claims Introduction In Bryan Wardell v. Pitt County, North Carolina (4th Cir. Aug. 5, 2026)...

Affirmance on Alternative Grounds: Legitimate Penological Safety Reasons Defeat PREA-Based Retaliation and Related Claims at Summary Judgment

Date: Aug 6, 2026

Affirmance on Alternative Grounds: Legitimate Penological Safety Reasons Defeat PREA-Based Retaliation and Related Claims at Summary Judgment Introduction Ronald Alonzo v. Joe Terra (3d Cir. Aug. 5,...

Foreclosure Judgments Reversed Where Referee’s Computations Rely on Unidentified, Unproduced Business Records

Date: Aug 1, 2026

Foreclosure Judgments Reversed Where Referee’s Computations Rely on Unidentified, Unproduced Business Records 1. Introduction Bank of N.Y. Mellon v Prestia (2026 NY Slip Op 04735) is a Second...

Actual Knowledge Under GML § 50-e Requires Facts Supporting Municipal Liability—Not Mere Notice of an Accident

Date: Aug 1, 2026

Actual Knowledge Under GML § 50-e Requires Facts Supporting Municipal Liability—Not Mere Notice of an Accident Case: Matter of Card v Haverstraw-Stony Point Cent. Sch. Dist., 2026 NY Slip Op 04765...

Rule 3:25(b) Requires Pleading the Fee Basis: Notice, Incorporation by Reference, or Attachment Is Not Enough

Date: Aug 1, 2026

Rule 3:25(b) Requires Pleading the Fee Basis: Notice, Incorporation by Reference, or Attachment Is Not Enough Case: Pinnacle Flooring Solutions, LLC v. Premier Homes Group, LLC Court: Supreme Court...

Relation Back Allows Adding a Time-Barred Insurer Subrogation Plaintiff Where the Original Pleading Noticed the Same Occurrences

Date: Aug 1, 2026

Relation Back Allows Adding a Time-Barred Insurer Subrogation Plaintiff Where the Original Pleading Noticed the Same Occurrences 1. Introduction In 217 Trust v VIR Constr., Inc (2026 NY Slip Op 04824...

Summary Judgment for Breach of Contract Requires Prima Facie Proof of the Plaintiff’s Own Performance (and Cannot Be Cured by Reply Papers)

Date: Aug 1, 2026

Summary Judgment for Breach of Contract Requires Prima Facie Proof of the Plaintiff’s Own Performance (and Cannot Be Cured by Reply Papers) 1. Introduction In International Bus. Machs. Corp. v Mullen...

State v. Federico: Mistrial Required When Prosecutors (1) Inject Suppressed/Extra-Record Warrant Facts and (2) Urge Jurors to Justify a Verdict to “Loved Ones”

Date: Aug 1, 2026

State v. Federico: Mistrial Required When Prosecutors (1) Inject Suppressed/Extra-Record Warrant Facts and (2) Urge Jurors to Justify a Verdict to “Loved Ones” 1) Introduction Case: State v....

People v. SanMiguel: Section 231.7(g) Requires a Functional Case-Relevance Explanation for Demeanor Strikes, and (In)Validity Is Not Dispositive of the Ultimate Discrimination Inquiry

Date: Aug 1, 2026

People v. SanMiguel: Section 231.7(g) Requires a Functional Case-Relevance Explanation for Demeanor Strikes, and (In)Validity Is Not Dispositive of the Ultimate Discrimination Inquiry I. Introduction...

Ongoing-Storm Rule: Ordinary Salting During Active Precipitation Is Not “Unusual Circumstances” Triggering a Commercial Landowner’s Mid-Storm Duty

Date: Aug 1, 2026

Ongoing-Storm Rule: Ordinary Salting During Active Precipitation Is Not “Unusual Circumstances” Triggering a Commercial Landowner’s Mid-Storm Duty Introduction In Haydee Gallardo v. Walmart (Supreme...

Prospective Supervisory Reform Requires Only “Prudence and Good Sense”: A Call to Abolish Consciousness-of-Guilt Instructions

Date: Aug 1, 2026

Prospective Supervisory Reform Requires Only “Prudence and Good Sense”: A Call to Abolish Consciousness-of-Guilt Instructions I. Introduction In State v. Kim (Concurrence in Part & Dissent in Part)...

Corporate Fleet UIM Stacking Barred for Employee-Occupants: § 27-7-2.1(i) Inapplicable Absent Premium Payment by the Insured

Date: Aug 1, 2026

Corporate Fleet UIM Stacking Barred for Employee-Occupants: § 27-7-2.1(i) Inapplicable Absent Premium Payment by the Insured Introduction In Shilo D. Horsman, individually, and in her capacity of as...

§ 9-19-27 Does Not Govern Medical Records Used Solely for Impeachment; Party Testimony Can Supply Rule 901 Authentication

Date: Aug 1, 2026

§ 9-19-27 Does Not Govern Medical Records Used Solely for Impeachment; Party Testimony Can Supply Rule 901 Authentication Case: Yohaira Galindez v. Rhode Island Public Transit Authority et al. Court:...

GARA Misrepresentation Exception Requires Specific Fact Pleading Before Discovery; “New Parts” Rolling Provision Demands Proof of Manufacturer and Causation

Date: Aug 1, 2026

GARA Misrepresentation Exception Requires Specific Fact Pleading Before Discovery; “New Parts” Rolling Provision Demands Proof of Manufacturer and Causation 1. Introduction In Carol Williams,...

People v Sanders: Confessions During Unlawful Post-Arrest Detention Are Suppressed Unless Attenuated (Overruling Manning)

Date: Aug 1, 2026

People v Sanders: Confessions During Unlawful Post-Arrest Detention Are Suppressed Unless Attenuated (Overruling People v Manning) Court: Supreme Court of Michigan | Date: July 30, 2026 | Case:...

First Amendment Bars Factfinder Review of Clergy’s Doctrinal “Reasonable and Necessary” Determination Under A.R.S. § 13-3620(A)

Date: Aug 1, 2026

First Amendment Bars Factfinder Review of Clergy’s Doctrinal “Reasonable and Necessary” Determination Under A.R.S. § 13-3620(A) I. Introduction DOE v. THE CORPORATION (Ariz. July 30, 2026) addresses...