Material Fact Disputes Defeat Interlocutory Qualified-Immunity Review; Deadly Force Against a Visibly Unarmed Suspect Moving Away Is Clearly Established as Unconstitutional I. Introduction In Tippitt...
Rear-End Presumption Rebutted When a Lead Driver Merges into a Safety Cushion and an Immediate Roadway Hazard Leaves No Time to Re-Establish Following Distance (FTCA / Louisiana Law) Case: Spinks v....
Bodin v. New Orleans: Per Se Takings Remain Tethered to the Right to Exclude; § 230 Does Not Preempt STR Transaction-Bans and Nonpublic License-Verification Duties Court: U.S. Court of Appeals for...
Indefinite Unpaid Leave Is Not an Effective ADA Accommodation When Reassignment to a Vacant Position Is Possible Introduction In Ibrahima Dieng v. Orkin, LLC (4th Cir. Aug. 5, 2026), the Fourth...
Ramsey v. San Jacinto College District: ADA Prima Facie Discrimination Requires Only Three Elements; “Fourth-Element” Comparator Proof Is Merely One Way to Show Nexus, and Cat’s-Paw Theory Can Carry...
“Abduction” Enhancement Applies to Forced Movement Within a Single Store When the Victims Are Relocated to a Distinct Area to Facilitate the Robbery Case: United States v. Jamal Gwaltney (Third...
Rooker-Feldman Bars Federal Injunctions Seeking to Vacate State Custody/Support Orders Despite Due-Process Framing Introduction In Eric Weiss v. Deborah Posner (3d Cir. Aug. 5, 2026)...
FMLA Leave Requires Evidence of a “Serious Health Condition,” and Retaliation Claims Require Evidence Linking Termination to Protected Activity Introduction In Davenport v. Zachary Manor Nursing and...
Receipt of Child Pornography Can Proximately Cause Guardians’ Search-and-Relocation Losses When “Inextricably Linked” to the Minor’s Flight Introduction In United States v. Dill (5th Cir. Aug. 5,...
Plausibility Pleading for “Cat’s Paw” and Monell Liability in Public-Employer Race-Termination Claims Introduction In Bryan Wardell v. Pitt County, North Carolina (4th Cir. Aug. 5, 2026)...
Affirmance on Alternative Grounds: Legitimate Penological Safety Reasons Defeat PREA-Based Retaliation and Related Claims at Summary Judgment Introduction Ronald Alonzo v. Joe Terra (3d Cir. Aug. 5,...
Foreclosure Judgments Reversed Where Referee’s Computations Rely on Unidentified, Unproduced Business Records 1. Introduction Bank of N.Y. Mellon v Prestia (2026 NY Slip Op 04735) is a Second...
Actual Knowledge Under GML § 50-e Requires Facts Supporting Municipal Liability—Not Mere Notice of an Accident Case: Matter of Card v Haverstraw-Stony Point Cent. Sch. Dist., 2026 NY Slip Op 04765...
Rule 3:25(b) Requires Pleading the Fee Basis: Notice, Incorporation by Reference, or Attachment Is Not Enough Case: Pinnacle Flooring Solutions, LLC v. Premier Homes Group, LLC Court: Supreme Court...
Relation Back Allows Adding a Time-Barred Insurer Subrogation Plaintiff Where the Original Pleading Noticed the Same Occurrences 1. Introduction In 217 Trust v VIR Constr., Inc (2026 NY Slip Op 04824...
Summary Judgment for Breach of Contract Requires Prima Facie Proof of the Plaintiff’s Own Performance (and Cannot Be Cured by Reply Papers) 1. Introduction In International Bus. Machs. Corp. v Mullen...
State v. Federico: Mistrial Required When Prosecutors (1) Inject Suppressed/Extra-Record Warrant Facts and (2) Urge Jurors to Justify a Verdict to “Loved Ones” 1) Introduction Case: State v....
People v. SanMiguel: Section 231.7(g) Requires a Functional Case-Relevance Explanation for Demeanor Strikes, and (In)Validity Is Not Dispositive of the Ultimate Discrimination Inquiry I. Introduction...
Ongoing-Storm Rule: Ordinary Salting During Active Precipitation Is Not “Unusual Circumstances” Triggering a Commercial Landowner’s Mid-Storm Duty Introduction In Haydee Gallardo v. Walmart (Supreme...
Prospective Supervisory Reform Requires Only “Prudence and Good Sense”: A Call to Abolish Consciousness-of-Guilt Instructions I. Introduction In State v. Kim (Concurrence in Part & Dissent in Part)...