Summary Judgment on a Personal Guaranty Requires Proof of the Specific “Guaranteed Obligations” in a Revenue Purchase Agreement Case: EBF Holdings, LLC v Defiant Arms, L.L.C. (2026 NY Slip Op 04563,...
“Along” Is Not “Within”: Highway Law § 349-e Does Not Plainly Alienate Humboldt Parkway Parkland, and Green Amendment Claims May Proceed Based on Ongoing Expressway Operations I. Introduction East...
Postconviction Relief Is Limited to Vacating or Setting Aside the Judgment—Not a Standalone Vehicle to Litigate the Act’s Constitutionality or Obtain an Evidentiary Hearing I. Introduction In State...
Section 230 Preempts State-Mandated Social-Media “Monitoring and Filtering,” and Indirect Chill Theories Require a Clear Showing of Predictable Platform Censorship Case: Students Engaged in Advancing...
Unauthorized Prescriptions as “Distribution”: § 856(a)(1) Drug-Premises Liability for Medical Clinics and Post-Ruan Proof of Practitioner Mens Rea 1. Introduction United States v. Talbot (5th Cir....
Fifth Circuit Clarifies § 1782 Quash Review: “Some Explanation” May Be Drawn from the Full Record; No “Authoritative Proof” Requirement for Foreign Receptivity 1. Introduction In Candel & Partners v....
Section 230 Preempts State-Mandated Social Media Content Filtering for Minors; Speculative Third-Party “Chill” Cannot Establish Pre-Enforcement Standing Case: Computer & Comm v. Paxton (consolidated...
U.S.S.G. § 2K2.1(c)(1) Homicide Cross-Reference Requires the Firearm Be “Cited in the Offense of Conviction” I. Introduction In United States v. Murphy (5th Cir. July 23, 2026), the Fifth Circuit...
Habeas Jurisdiction Lies in the District of Removal When ICE Conceals Custody Through Rapid, Secret Transfers; INA §§ 1252(g), 1252(b)(9), and 1252(a)(5) Do Not Bar Detention-Only Constitutional...
Permanent SIJ Parentage Bar: SIJ Recipients Cannot Ever Confer Immigration Benefits on Natural or Prior Adoptive Parents 1. Introduction In Josue Fuentes v. United States Citizenship and Immigration...
Mandamus Denied Absent Undue Delay: Administrative Termination and Rule 17(c) Case-Management Disputes Must Be Litigated in the District Court Case: In re: Jayden Martin (Petitioners: Jayden Martin &...
Ambiguous Mistrial Record Cannot Overcome AEDPA Deference to a State Finding that the Defense Requested the Mistrial 1. Introduction In Stanford Williams v. Superintendent Fayette SCI (3d Cir. July...
Third Circuit: § 1983 Challenges to Family-Court Proceedings Fail Absent State Action and Overcoming Judicial/Sovereign Immunity; Official-Capacity Sovereign-Immunity Dismissals Must Be Without...
Express Testing-Method Specifications Control: “85% Fatty Acids GC” Does Not Imply an Additional Purity/Non‑Adulteration Warranty 1. Introduction In Jiaherb Inc v. MTC Industries Inc (3d Cir. July...
Online “Readily Available” Coverage Selection Forms and E-Signatures Satisfy New Jersey Coverage-Selection Requirements (Third Circuit, Nonprecedential) Case: Alemah McMillian v. Geico Indemnity Co....
Summary Affirmance When Appellant Omits Motion-to-Dismiss Materials and Video Evidence Needed for De Novo Review Introduction In Cooperstein v. Salt Lake City Corporation (10th Cir. July 24, 2026),...
Royce v. State Farm: Umbrella UIM Waiver Does Not Carry Forward to Later Coverage Increases Under the 1991 RSA 264:15, I Introduction In Royce v. State Farm Fire & Cas. Co., 2026 N.H. 28 (N.H. July...
Michigan Rejects Oregon v Kennedy Under Const 1963, art 1, § 15 and Adopts Pool v Superior Court to Bar Retrial After Prosecutorial-Misconduct Mistrials Case: People of Michigan v. Devante Kyran...
Ordinance-Based Administrative Discretion Does Not Make a City Manager a “Public Body” Under Michigan’s Open Meetings Act I. Introduction Exclusive Capital Partners LLC v City of Royal Oak (Mich Sup...
Temporary Courthouse Buffer-Zone Appeals Become Moot Upon Trial’s End Absent a Non-Speculative Showing of Recurrence; Vacatur Limited to the Appealed Portion Case: Grant v. Trial Court of the...