“Affirmative Written Communication” Means What It Says: No Patent-Enforcement Standing for a Licensee Absent an Express Election Under Delaware Contract Law Case: Ecolab Inc v. SC Johnson...
Recchia v. Campbell: Capen Controls Facial Second Amendment Challenges to Massachusetts’s Assault-Style Firearm Ban; No Dormant Commerce Clause or Equal-Protection Workaround Court: U.S. Court of...
Open-and-Obvious Hazard Rule for Dismounting Moving Tractors Under Kansas Law 1. Introduction In Miller v. CNH Industrial America, LLC (10th Cir. July 21, 2026), the Tenth Circuit, applying Kansas...
Speech to Lawmakers Criticizing a Private Association’s Lobbying Is a Matter of Public Concern; Pickering Balancing Is Premature on the Pleadings 1. Introduction Cubin v. Gordon (10th Cir. July 21,...
Act Petitions: No Credibility Determinations Without an Evidentiary Hearing Introduction In Scott County Tyrel Lamar Patterson v. State of Minnesota (Minn. July 22, 2026), the Minnesota Supreme Court...
Qualified Immunity Where Protest Crowd-Control Munitions Strike an Unintended Target; Retaliation Requires Evidence of Intentional Targeting Introduction Alyssa Schukar v. Kenosha County (7th Cir....
United States v. Ellis: Deliberate Partial Courtroom Closures Are Not “Trivial” and Are Upheld When Supported by a Substantial Reason Under a Modified Waller Test 1. Introduction In United States v....
When Mootness Is Raised First on Appeal, the Fourth Circuit Remands for First-Instance Article III Findings in Post-Settlement Insurance Coverage Declaratory Actions 1. Introduction Covington...
“Mere Inconvenience” Is Not Dispositive Under MCL 554.139(1)(a); Fitness Turns on Intended Use in Context (Including Elderly/Disabled Tenants) Case: Jan Bowerman v. Red Oak Management Co., Inc. and...
Graham Severity Factor Turns on the Serious Offense Under Investigation—Even When the Arrest Is for Obstruction (Hayes v. Owen) 1. Introduction In Hayes v. Owen (10th Cir. July 21, 2026)...
Termination of the General Contractor Contract Triggers Accrual Under Minn. Stat. § 541.051 1. Introduction In American Family Insurance Company a/s/o Nicholas Oelke v. NB Electric, Inc. dba East...
VAWA Housing Provisions: No Private Right and No § 1983 End-Run; Section 8 Participation Alone Is Not State Action 1. Introduction In Gonzalez v. 2009 Houston Scott Street, L.P. (5th Cir. July 20,...
Comcast Requires a Case-Specific, Non-Speculative Classwide Damages Methodology (Not a Generic “Out-of-Pocket” Formula) and a Rigorous Predominance Analysis in Securities-Fraud Class Certification...
Weak Pretext Showings and Compliance Queries Without Anti-Fraud Action Do Not Defeat Summary Judgment (ADA/FCA): Simmons v. UM Capital Region Health Court: United States Court of Appeals for the...
Virginia Code § 18.2-53.1 (Use of a Firearm) Is Not a “Crime of Violence” for USSG § 2K2.1(a)(4)(A) When Tethered to Virginia Robbery I. Introduction In United States v. Rashad Ebron (4th Cir. July...
State Custody Does Not Start the Speedy Trial Act Clock Absent a Solely Federal Hold; An Unseen Show of Authority Is Not a Seizure Case: United States v. Brandon Brown (4th Cir. July 20, 2026)...
Third Circuit: Fraud Reports to Law Enforcement Are Absolutely Privileged and Do Not Create Specific Personal Jurisdiction; Personal-Jurisdiction Dismissals Must Be Without Prejudice I. Introduction...
Receipt of Child Pornography Under 18 U.S.C. § 2252A(a)(2)(A) Categorically Constitutes a CIMT Because Post–Free Speech Coalition Prosecutions Require Images of Actual Minors Case: Jean Buteau...
Sworn SSDI Inability-to-Work Statements and Contemporaneous Medical Restrictions Can Defeat “Qualified Individual” Status Under the Rehabilitation Act Despite a Later Light-Duty Note 1. Introduction...
Receipt of Child Pornography Under 18 U.S.C. § 2252A(a)(2)(A) Is Categorically a CIMT Because Conviction Requires Images of Actual Children Introduction In Jean Buteau Remarque v. Attorney General...