Appeal Waivers Survive Sentencing “Right to Appeal” Advisements; Only an “Obvious, Egregious” Miscarriage of Justice Defeats Enforcement (Applying Hunter) 1. Introduction In United States v. Justin...
Third Circuit: A Suppression Hearing Requires a Concrete Factual Dispute, and Sentencing Error Requires “Actual Reliance” on Unreliable Allegations Introduction In United States v. Clarence Gaffney...
Natural Gas Act Field-Preempts State Consumer-Protection Claims That Directly Target Interstate Wholesale Gas Sales (Winter Storm Uri) 1. Introduction Rice v. Southwest Energy (captioned within the...
Natural Gas Act Field Preemption Bars State Consumer-Protection Suits Directly Targeting Interstate Wholesale Gas Sales Case: Giroux v. BP Canada Energy Marketing Corp. (consolidated as In re: Winter...
Natural Gas Act Field Preemption Bars State Consumer-Protection Claims Targeting Interstate Wholesale Gas Sales 1. Introduction Case: Mehl v. BP Energy Company (consolidated as In re: Winter Storm...
Natural Gas Act Field-Preempts State Consumer-Protection Claims That Directly Target Interstate Wholesale Gas Sales (Even If Framed as Retail Harm) 1. Introduction Case: Mehl v. BP Energy Company...
Unincorporated Associations Are “Persons” Suable Under VRA § 11(b) and 42 U.S.C. § 1985(3) in the Tenth Circuit 1. Introduction Case: Colorado Montana Wyoming State Area Conference v. Smith Court:...
Rule 60(b) as the Required Vehicle to Litigate Notice Defects After Conditional Default; Bonded Remand Authorized Under Appellate Rule 2 Case: Reagan Marine Construction, LLC v. Victor Costa et al....
Probate Jurisdiction Over Express-Trust Fiduciary-Duty Counterclaims Despite Foreign Choice-of-Law (and Preservation of Fee-Remedy Challenges) 1. Introduction Moffat v. Srebro, 2026 N.H. 25 (N.H....
Unconsulted Partial Guilt Concessions Violate Sixth Amendment Autonomy and Require Full Reversal When Charges Are Interconnected I. Introduction In People of Michigan v. Richard Edward Klungle (Mich...
Nakagaki v. Aspen Valley Hospital: Leave to Amend Properly Denied When No Proposed Amended Complaint Is Filed and Appellate Review Fails Where Appellant Does Not Attack the Rule 8 Basis for Dismissal...
Bankruptcy Appeals May Be Dismissed for Failure to File a Rule-Compliant Appendix; Ehrenhaus Factors Not Required Absent Sanctionable Misconduct I. Introduction In Biondolillo v. Burke (10th Cir....
Johnson v. Regional Supplemental Services: On a Rule 12(b)(6) Motion, Courts May Not Replace the Complaint’s Alleged FMCSA “Refusal-to-Test” Basis with a Defendant’s New Theory 1) Introduction In...
FOIL Compliance by Pointing to Public Online Records; No Fees Without Litigation-Caused Disclosure; Declaratory Relief Barred/Unripe 1. Introduction In Matter of Aron Law, PLLC v Town of Hempstead...
Extracurricular Costs Are Not Child-Support “Add-Ons” Absent an Articulated Deviation; Insurance Proceeds from a Totaled Marital Vehicle Must Be Equitably Distributed 1. Introduction Sawas v...
Needham v. Needham: Divorce Courts Cannot Compel Corporate-Fiduciary Acts; Post-Dissolution Community Assets Must Be Valued at Dissolution I. Introduction Case: Needham v. Needham (Idaho Supreme...
Psychological Diagnoses in Medical Records May Be Redacted Absent Expert Testimony (Despite NRS 52.260 Authentication) 1. Introduction Martin v. State (Supreme Court of Nevada, July 8, 2026) arose...
Preclusion for Undisclosed Nonparty Witness Affidavits and Liability Under Labor Law § 240(1) for Falls From Improvised Elevated Platforms 1. Introduction Intriago v 18th Highline Assoc., LLC (2026...
Minor Land Divisions Are LLUPA-Reviewable “Other Similar Applications” When Used as a De Facto Subdivision Case: Budig v. Bonner County (Idaho Supreme Court, July 8, 2026) | Core Holding: Two...
CPLR Article 53 Recognition Motions Function as Summary Judgment and Cannot Be Made Before Issue Is Joined Case: Shenzhen Qianhai Shengshi Lijin Inv. Enter. (Limited Partnership) v. Xu, 2026 NY Slip...