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

Guarantor Fee Liability Vacated Pending Determination Whether Contractual Attorneys’ Fees Are Part of Senior Secured Debt Subject to Intercreditor Priority Allocation

Date: Jul 29, 2026

Guarantor Fee Liability Vacated Pending Determination Whether Contractual Attorneys’ Fees Are Part of Senior Secured Debt Subject to Intercreditor Priority Allocation 1. Introduction Mueller Brass...

Forfeiture of Niz-Chavez Notice-to-Appear Claims-Processing Objections Raised After IJ Proceedings

Date: Jul 29, 2026

Forfeiture of Niz-Chavez Notice-to-Appear Claims-Processing Objections Raised After IJ Proceedings 1. Introduction In Socorro Perez-Hernandez v. Todd W. Blanche, Acting U.S. Attorney General (6th...

Sixth Circuit Reaffirms the “Severe or Pervasive” Hostile-Environment Standard After Muldrow and Rejects § 504 Rehabilitation Act Retaliation

Date: Jul 28, 2026

Sixth Circuit Reaffirms the “Severe or Pervasive” Hostile-Environment Standard After Muldrow and Rejects § 504 Rehabilitation Act Retaliation Case: Tara Miller v. VA, No. 25-1544 (6th Cir. July 27,...

Medicare Hospice Safe Harbor Requires a Claim-Specific “Reasonable Interpretation” Inquiry, Not Mere Imputed Knowledge of CMS Notices

Date: Jul 28, 2026

Medicare Hospice Safe Harbor Requires a Claim-Specific “Reasonable Interpretation” Inquiry, Not Mere Imputed Knowledge of CMS Notices Case: In Home Health, LLC v. Robert Kennedy, Jr. (6th Cir. July...

State v. Holley: Appellate Courts Must Not Dismiss Manner-of-Service Appeals for Missing Guilty Plea Transcripts Without Case-by-Case Sufficiency Review and Party Notice

Date: Jul 28, 2026

State v. Holley: Appellate Courts Must Not Dismiss Manner-of-Service Appeals for Missing Guilty Plea Transcripts Without Case-by-Case Sufficiency Review and Party Notice 1. Introduction In State of...

Younger Abstention Bars Federal Injunctions Against Ongoing State Contempt Orders in Domestic-Relations Cases; Nonfinal Monell Dismissals Are Not Appealable Without Rule 54(b)

Date: Jul 28, 2026

Younger Abstention Bars Federal Injunctions Against Ongoing State Contempt Orders in Domestic-Relations Cases; Nonfinal Monell Dismissals Are Not Appealable Without Rule 54(b) 1. Introduction Case:...

Settlement Releases Waive Only Vicarious “Pass-Through” Claims—Independent Inspection-Duty Claims Against a Non-Settling Party Survive

Date: Jul 28, 2026

Settlement Releases Waive Only Vicarious “Pass-Through” Claims—Independent Inspection-Duty Claims Against a Non-Settling Party Survive Case: Bizzack Constr., LLC v. TRC Eng'rs, Inc. (6th Cir. July...

Custody Orders Are Only a Starting Point for Minor-Child Domicile Under Michigan No-Fault (Overruling Grange)

Date: Jul 27, 2026

Custody Orders Are Only a Starting Point for Minor-Child Domicile Under Michigan No-Fault (Overruling Grange) Case: Frownfelter v Esurance Property & Casualty Insurance Company (Docket Nos. 168356 &...

Venue for Vulnerable-Adult Exploitation Lies Where the Property Is Located and the Transfer Takes Effect; Restitution May Include Replacement Clothing When Defendant’s Control Prevents Access

Date: Jul 27, 2026

Venue for Vulnerable-Adult Exploitation Lies Where the Property Is Located and the Transfer Takes Effect; Restitution May Include Replacement Clothing When Defendant’s Control Prevents Access 1....

State v. Manczuk: Statute of Limitations Is Waivable (Not Jurisdictional) and Cannot Be Revived on Appeal as “Sufficiency”

Date: Jul 27, 2026

State v. Manczuk: Statute of Limitations Is Waivable (Not Jurisdictional) and Cannot Be Revived on Appeal as “Sufficiency” Court: Supreme Court of Kansas Date: July 24, 2026 Case: State v. Manczuk,...

Imminent Election-Administration Burdens Confer State Standing and Ripen Pre-Enforcement Challenges to Federal Election Executive Orders

Date: Jul 27, 2026

Imminent Election-Administration Burdens Confer State Standing and Ripen Pre-Enforcement Challenges to Federal Election Executive Orders 1. Introduction In State of California; et al. v. Donald J....

States Have Standing to Pre-Enforce Election Executive Orders When Imminent Election Deadlines Force Present Planning Costs and Create Credible Enforcement Risks (Stay Denied)

Date: Jul 27, 2026

States Have Standing to Pre-Enforce Election Executive Orders When Imminent Election Deadlines Force Present Planning Costs and Create Credible Enforcement Risks (Stay Denied) Case: State of...

Clear-Statement Limits on INA § 1182(f) “Restrictions” to Impose a $100,000 H‑1B Payment; Agency Implementation of Presidential Directives Ordinarily Remains APA-Reviewable

Date: Jul 27, 2026

Clear-Statement Limits on INA § 1182(f) “Restrictions” to Impose a $100,000 H‑1B Payment; Agency Implementation of Presidential Directives Ordinarily Remains APA-Reviewable 1. Introduction In State...

Concealment-Based Interdependence Confirms a Single Wire-Fraud Conspiracy; No Appellate Jurisdiction Without a Separate Notice of Appeal for § 3582 Denials (First Circuit)

Date: Jul 27, 2026

Concealment-Based Interdependence Confirms a Single Wire-Fraud Conspiracy; No Appellate Jurisdiction Without a Separate Notice of Appeal for § 3582 Denials (First Circuit) I. Introduction In United...

Arizona Rule: Permanent Crops Are Valued With Agricultural Land Under § 42-13101; Agency Manual Cannot Impose Separate Market Valuation

Date: Jul 27, 2026

Arizona Rule: Permanent Crops Are Valued With Agricultural Land Under § 42-13101; Agency Manual Cannot Impose Separate Market Valuation 1. Introduction Case: A & P RANCH LTD v. COCHISE COUNTY (Ariz....

Pleading Essential-Functions Capability in ADA/NYCHRL Failure-to-Accommodate Claims: Prior Successful Remote Work and Employer Practice Can Suffice at Rule 12(b)(6)

Date: Jul 27, 2026

Pleading Essential-Functions Capability in ADA/NYCHRL Failure-to-Accommodate Claims: Prior Successful Remote Work and Employer Practice Can Suffice at Rule 12(b)(6) Introduction In Cangro v. NYC...

Conditional Plea Waiver in Wyoming: Ineffective Assistance Claims Require a Voluntariness Nexus; Kitzke Limited

Date: Jul 27, 2026

Conditional Plea Waiver in Wyoming: Ineffective Assistance Claims Require a Voluntariness Nexus; Kitzke Limited Introduction In Thomas Avery Glenn v. The State of Wyoming, 2026 WY 85, the Wyoming...

State v. West (Kan. 2026): Joinder Requires Multiple Commonalities; K.S.A. 60-455 Admissibility Not a Prerequisite

Date: Jul 27, 2026

State v. West (Kan. 2026): Joinder Requires Multiple Commonalities; K.S.A. 60-455 Admissibility Not a Prerequisite 1. Introduction In State v. West (Supreme Court of Kansas, July 24, 2026), Laroy M....

State v. Scott: Enumerated Jessica’s Law Mitigators Must Be Considered; Erroneous Exclusion Is Subject to Harmless-Error Review

Date: Jul 27, 2026

State v. Scott: Enumerated Jessica’s Law Mitigators Must Be Considered; Erroneous Exclusion Is Subject to Harmless-Error Review 1. Introduction In State v. Scott (Kan. 2026), the Kansas Supreme Court...

Postconviction DNA Testing Denied When Testing Cannot Yield Noncumulative, Exculpatory Evidence (Kansas K.S.A. 21-2512)

Date: Jul 27, 2026

Postconviction DNA Testing Denied When Testing Cannot Yield Noncumulative, Exculpatory Evidence (Kansas K.S.A. 21-2512) 1. Introduction In State v. Dotson (Kan. July 24, 2026), the Kansas Supreme...