Tenth Circuit Endorses Sua Sponte Reopening of a Closed BLBA Record When Needed to Decide Total Disability, Absent Unfairness or Prejudice I. Introduction Case: Energy West Mining Company v. OWCPC...
WPA Constructive-Discharge Accrual: Dissents Urge Returning to Jacobson’s Resignation-Date Rule (and Treating Joliet as Dicta for WPA Claims) I. Introduction Case: Christina Zink v Genesee...
Mandamus to Compel Legislative Presentment Under Const 1963, art 4, § 33—Court of Appeals Rule Left Intact After Supreme Court Denial of Leave I. Introduction Senate v. House of Representatives...
Second Circuit: A Union Cannot Retroactively Bind Former Bargaining-Unit Members to Mandatory Arbitration of Accrued Statutory Wage Claims by a Later MOA Without Consent; Courts Decide Arbitrability...
Inverse Condemnation in South Dakota Requires Government Action that Takes or Damages Private Property for a Public Use—State Mining on State-Owned Land and Mere Mineral-Rights Retention Do Not...
Florida Rejects “More Stringent” Abuse-of-Discretion Review for Fraud-on-the-Court Dismissals; Adopts Traditional Layered Appellate Review I. Introduction In Publix Supermarkets, Inc. v. Jonida Goga...
Florida: Discretionary Prejudgment Interest as an Equitable-Distribution Remedy Under § 61.075 I. Introduction In Scott Aron Stewart v. Mishelle Addys Perdomo Vindel (Fla. July 9, 2026), the Supreme...
Wrongful-Conviction Compensation Requires Actual Innocence of the Entire Alternative-Means Crime (Not Merely the Charged Means) Case: In re Wrongful Conviction of Arita (Kan. 2026-07-10) Court:...
New Mexico Judicial Discipline: The Judicial Standards Commission May Investigate and Adjudicate Without Masters Absent Unconstitutional Bias, and Repeated, Defiant Legal Error Can Constitute Willful...
Sanctionable Misconduct for “Hallucinated” Authorities in Appellate Briefing: Striking Defective Citations, Awarding Fees, and Referring Counsel for Discipline 1. Introduction In Marion Parnell, Jr....
Consciousness of Guilt Is Not Deliberation: Limits on Proof of Deliberate-Intent First-Degree Murder and the Binding Force of UJI Use Notes (State v. Trujillo) 1. Introduction State v. Trujillo (N.M....
Saliba Fee-Shifting Limited: No Attorneys’ Fees for a Standalone Honesty (“Candor”) Breach Yielding Only Nominal Damages Case: Leo Investments Hong Kong Limited v. Tomales Bay Capital Anduril III,...
Operational Negligence Exception to Sovereign Immunity for Juvenile Ejections: Statutory Notice-and-Release Violations as Prima Facie Negligence I. Introduction In Andrew Joseph, Jr. v. Hillsborough...
Operational Negligence in Juvenile Ejections: No Sovereign Immunity for Violating Florida’s Parental-Notice and Release-to-Adult Duties Case: Andrew Joseph, Jr. v. Hillsborough County Sheriff (11th...
Allen Charges: Omission of the “Honest Belief” Admonition as Plain Error Requiring New Trial 1. Introduction In United States v. Rolex Bryan Bruno (11th Cir. July 10, 2026) (unpublished), the...
Gender-Neutral Bullying Is Not Actionable as Title VII Harassment Without Evidence of Sex-Based Motivation: Thurman v. State of Kansas Court: U.S. Court of Appeals for the Tenth Circuit Date: July 9,...
State v. Schuster: No “Offsetting” Governmental Delay Under Barker—Bureaucratic Indifference and Systemic Prosecutorial Practices Can Make the First Three Factors Dispositive Without Prejudice...
Sixth Circuit Endorses Upward Variances Based on Undisputed Presentence Detention Misconduct and a Court’s Discretion to Deem Resulting National Disparities “Warranted” 1. Introduction United States...
Elements-First, Facts-Second: The Fourth Circuit Enforces the Sequential Two-Step Test for the “Particularly Serious Crime” Bar 1. Introduction In Warner Guevara Martinez v. Todd Blanche (4th Cir....
Rule 60(b) Relief Requires Fraud or Voidness Tied to the Federal Tribunal, Not Alleged Misconduct in State Proceedings I. Introduction In VanHorn v. Salvation Army (10th Cir. July 9, 2026), the Tenth...