Post-Ruan CSA Prosecutions: Objective “Legitimate Medical Purpose/Usual Course” Criteria Remain Valid, and Masked Witness Testimony Is Not Plain Error Absent Prejudice Case: United States v. Bernard...
Smucker v. ACE: Under Ohio’s “Cause” Test, a Product-Contamination Event Is One Occurrence; Ambiguous Lot Endorsements Do Not Multiply Retained Limits Case: The J.M. Smucker Company v. Ace American...
Police Liability for Self-Help Residential Evictions Based on Estate Papers Without Court Process: Active Participation Constitutes an Unreasonable Fourth Amendment Seizure 1. Introduction Mary Ann...
Potential-Claim Notice Must Be Given During the Policy Period, Not the Extended Reporting Period, to Preserve Coverage Under a Claims-Made Legal-Malpractice Policy (Sixth Circuit, Michigan Law) 1....
State v. Lee: Mandatory N.J.R.E. 104 Reliability Hearings for Challenged Fingerprint (ACE-V) Evidence Under Olenowski I 1. Introduction In State v. French G. Lee (N.J. June 29, 2026), the Supreme...
Ultra Vires Limits on the Council on Local Mandates: Judicial Review Permitted and “Nugatory” Declarations Beyond the Mandate Are Invalid Case: Rebecca J. Reed v. Elizabeth M. Muoio (Supreme Court of...
Section 48-188 Treats Filed Workers’ Compensation Awards as District Court Judgments for “All Proceedings,” Including Equitable Vacatur Actions Case: 1 Cono Contracting v. Lopez, 321 Neb. 728 (July...
APA Judicial Review in Nebraska: Statement-of-Errors Rule Inapplicable; Issues Must Be Pleaded in the Petition for Review 1. Introduction In Gay v. Board of Engineers & Architects, 321 Neb. 712 (July...
Repeated Armed Extortion and Threats Without Physical Harm May Not Compel a Finding of “Past Persecution” Under Substantial-Evidence Review 1. Introduction In Carrasco-Aguilar v. Blanche (5th Cir....
State v. Ovalle: “In the Commission of” Felony Murder Turns on the Defendant’s Causative Conduct, Not the Victim’s Post-Felony Acts 1. Introduction In State v. Ovalle (Supreme Court of Georgia, June...
State v. Postell (Ga. June 30, 2026): In Self-Defense Cases, Victim’s Violent Reputation/Opinion and Defendant-Known Specific Violent Acts Are Admissible; Categorical “Character Evidence” Exclusion...
Colorado Single-Subject Rule: Mid-Decade Redistricting Authorization Cannot Be Bundled with Adoption of a Specific Congressional Map Case: Williams v. Nathan (In re Title, Ballot Title, & Submission...
Qualified Immunity in Fourth Amendment Arrest/Force Cases: General Excessive-Force Principles and Unpublished Decisions Do Not “Clearly Establish” Illegality Without Factually Similar, Controlling...
Seventh Amendment Requires a Jury for FDCA/TCA Civil-Penalty Enforcement Against Vape Sellers (Limiting the Public-Rights Exception) Case: Texas Tobacco Barn v. HHS Court: United States Court of...
§ 1782 Protective Orders Must Honor Outside-Counsel-Only Contractual Confidentiality Absent a Definitive Foreign-Law Mandate I. Introduction In Apple Inc. v. Key Patent Innovations (5th Cir. June 30,...
Broad Consequential-Damages Waivers in Texas: Enforceable by Subcontractor Third-Party Beneficiaries and Applicable to Intentional Torts Despite Fraud Allegations I. Introduction In Alta v. General...
Individualized “Terminal Illness” Determinations in Compassionate Release: End-Stage Renal Disease Is Not Per Se Extraordinary and Compelling I. Introduction In United States v. Brad Acy Holley (4th...
“Manager or Supervisor” Under U.S.S.G. § 3B1.1(c) Means Oversight—And Application Note 4 Cannot Supply the Rule Absent Genuine Ambiguity Case: United States v. Timothy Riddy (3d Cir. July 1, 2026)...
No Separate 21 U.S.C. § 851(b) Hearing Required When the Defendant Is Advised and Admits the Prior Conviction at the Plea Proceeding (Anders Affirmance) 1. Introduction United States v. Naajeh Torres...
Section 851(b) Is Satisfied by an On-the-Record Admission at the Plea Hearing; No Separate Sentencing Hearing Is Required Absent a Request (in an Anders Appeal) Case: United States v. Naajeh Torres...