Section 1926(b) Protection Requires Timely, Responsive Service After a Request—Years of Inaction Defeat “Made Available” 1. Introduction Dupont Water Company, Inc. v. City of Madison, Indiana (7th...
Viewpoint-Based Moderation of Open Municipal Website Comment Sections Is Clearly Unconstitutional (No Qualified Immunity) Case: Elizabeth Schulte v. Kenneth J. Leners and Town of Cedar Lake,...
United States v. Pena: Waiver of Rule 32.1 Revocation Protections by Electing to Proceed, and Mandatory Specificity for “Risk-Notification” Supervised-Release Conditions Court: U.S. Court of Appeals...
Independent Counsel Under Illinois Law Requires an Actual Insurer–Insured Conflict (Not Mere Co‑Insured Adversity) Case: Consolidated Chassis Management LLC v. Northland Insurance Company Court:...
Cross-Drug Rule 404(b) Evidence Is Inadmissible When It Depends on “Drug Dealer” Propensity; Limited Closing-Rebuttal Framing Is Not a Griffin Comment Introduction United States v. Miguel A....
Actual Insurer–Insured Conflict (Not Mere Co-Insured Adversity) Required to Compel Insurer-Funded Independent Counsel Under Illinois Law Case: Consolidated Chassis Management LLC v. Northland...
Eleventh Circuit: 18 U.S.C. § 951’s Agent-Notification Duty Is Content-Neutral (Intermediate Scrutiny) and “Direction” Means Guidance, Not Control 1. Introduction United States v. Augustus C. Romain,...
Rule 106 After the 2023 Amendment: Completeness Admits Only What Is Necessary to Cure Misleading Context—Not Duplicative or Standalone Exculpatory Interview Narrative 1. Introduction United States v....
Eleventh Circuit: Rebutting the Three-Day Presumption of EEOC Right-to-Sue Receipt and Requiring “Communication” in Protected-Activity Jury Instructions 1. Introduction In Davita M. Key v. Dynamic...
Rebutting the Three-Day Presumption of EEOC Right-to-Sue Receipt and Requiring “Communication of Unlawfulness” in Retaliation Jury Instructions Case: Davita M. Key v. Hyundai Motor Manufacturing...
Standing Fixed at Filing in ADA/RA School-Accommodation Suits; No Per Se Liability from Blanket Accommodation Bans Without Proving Necessity Case: L.E. v. Superintendent of Cobb County School...
UM-CRApp: Uniform, Record-Confined Appeals from Municipal Courts of Record to District Court—with Optional Ordinance-Based Jurisdictional Minimums and Indigency Waivers 1. Introduction On August 4,...
Parcel-Specific Severance and Scope Findings Required for Implied Easements by Preexisting Use (and Cost Memo Timing Requires a Final Decision) 1. Introduction Brock v. Tompkins (2026 MT 175) is a...
No Negligent Entrustment Between Co-Owners Absent Superior Control; No Text-Sender Duty Without Knowledge the Driver Will Read While Driving (Mont. 2026) Estate of Janice Graham v. Howell, 2026 MT...
Implied Findings Sustain Parenting-Plan Modification and Narrowly Tailored Limits on Harmful Spiritual “Influence” Nonprecedential posture: The Court issued a memorandum opinion under its Internal...
§ 41-5-208 Transfer Hearings Are Limited to Transfer—No New Disposition Without a § 41-5-1431 Revocation Petition 1. Introduction Matter of: W.D. (2026 MT 177) required the Montana Supreme Court to...
Unsupervised Jury Replay of Testimonial Dash-Cam Video During Deliberations Requires Reversal Absent Van Kirk Harmlessness Case: State v. Lewis, 2026 MT 179N (Mont. Aug. 4, 2026) Court: Supreme Court...
State v. Richards: Prosecutor May Recommend PSI Financial Obligations Without Breaching a Sentence-Recommendation Plea; Unrebutted Victim Affidavit Supports Restitution for Court-Attendance Expenses...
Affirmance for Insufficient Appellate Record in Montana Dissolution Appeals (Marriage of Hutnick) Nonprecedential posture: The Court issued a memorandum opinion under its Internal Operating Rules and...
Judicial Immunity Shields Alabama Probate Judges for Involuntary Commitment Orders Absent Clear Lack of Subject-Matter Jurisdiction 1. Introduction In Dalton D. Banks v. Tammy Brown, the Eleventh...