Clarification (Not Modification) of Summer Parent-Child Contact: “Separate Weeks” May Be Added to Alternating Weekends Without Changed Circumstances Patrick McElroy v. Mandi Theberge, Vermont Supreme...
Pretext and But-For Causation Standards for Tenure Denials and Independent Research-Misconduct Proceedings I. Introduction In Farid v. Trustees of Dartmouth College (1st Cir. July 13, 2026), Amro...
Circumstantial-Evidence Sufficiency and Plain-Error Limits on Sua Sponte Acquittal in Vermont Larceny Cases Introduction State v. Terrell Jackson (Vt. Sup. Ct., July 10, 2026) is an entry order...
Equitable Denial of Contractual/Statutory Attorney’s Fees in Eviction Cases Where Landlord Habitability Failures and a Mixed Result Make Fee-Shifting Unwarranted Introduction In CMRT Holdings, LLC v....
Waiver of Factual Challenges for Missing Transcripts in Vermont Anti‑Stalking Appeals (and Appellate Counsel’s Duty of Accurate Authority) Case: Jessica Cover v. Susan Tyrell / Jessica Cover v....
Welch v. Rivers: Pleading Actual Injury and More Than Isolated Interference to State a Prison-Mail § 1983 Claim Introduction In Richard Welch, Jr. v. Austin Rivers (Vt. Sup. Ct. July 10, 2026) (Entry...
Exhaustion After a Pavey Hearing: Credible Grievance-Log Evidence Establishes “Available” Remedies; Perttu Jury Right Limited to Merits-Intertwined Disputes 1. Introduction In Jason Whitfield v....
Ohio Prosecutors May Seek Discretionary Appellate Review of Post-Verdict Crim.R. 29 Acquittals (Overruling State ex rel. Yates) I. Introduction In State v. King, Slip Opinion No. 2026-Ohio-2656 (July...
Quo Warranto Standing in Ohio: Only the State (AG/Prosecutor) or a Claimant to the Office May Seek Ouster Case: State ex rel. Esrati v. Foley Citation: 2026-Ohio-2646 Court: Supreme Court of Ohio...
Independent-Source Admission of a Firearm After an Invalid Arrest Warrant: Probable Cause Survives When Tainted Facts Are Excised and Gun-to-Residence Nexus Is Inferred Despite Time 1. Introduction...
Qualified Immunity in Jail Overdose Cases Absent Clearly Established Notice of Medical Emergency Case: Jessie Cantrell v. Scioto Cnty. Bd. of Comm'rs (Officer Christopher Boggs, Defendant-Appellant)...
Sixth Circuit Narrows “Participation” Retaliation Protection to Direct Involvement in Title VII/ADA Proceedings Case: Amy DiChiara v. Summit Medical Group, Inc. (6th Cir. July 13, 2026) (recommended...
21 U.S.C. § 844(c) Requires the Categorical Approach—But Unsettled Circuit Law Defeats Plain-Error Relief I. Introduction In United States v. Arnett (10th Cir. July 14, 2026), the Tenth Circuit...
Congestion-Pricing Entry Tolls Are Reviewed as Reasonable User Fees (Not Strict-Scrutiny Burdens on Travel) and Survive Rational-Basis Review 1. Introduction County of Rockland v. Triborough Bridge &...
TCPA § 227(c)(5) Creates a Private Right of Action for Unwanted “Telephone Calls,” Not Text Messages 1. Introduction In Seth Steidinger v. Blackstone Medical Services, the Seventh Circuit addressed a...
Distinctive Vehicle Match Creates Particularized Suspicion for a Terry Stop; Probation Search Authorized by Reasonable Cause Based on Probation Violations Introduction In State v. J. Stewart, the...
State v. Proctor (2026 MT 150): “All Data” Cell-Phone Search Warrants Are Overbroad General Warrants Without Particularized Limits—But Admission May Be Harmless 1. Introduction In State v. Proctor,...
Revising the Sica Test: Inherently Beneficial Use Variances Now Require an Independent “No Substantial Impairment” Showing Under N.J.S.A. 40:55D-70 1. Introduction Monarch Communities, LLC v....
State v. Wildgoose: Speculation Cannot Satisfy Rule 3:22-4(a)(2) and Procedurally Barred PCR Appeals Cannot Generate New Prosecutorial-Procedure Rules Supreme Court of New Jersey — Decided July 14,...
Pleading “Normal Charges” Tied to FAIR Health Percentiles Suffices for ERISA MRC-1 Underpayment Claims; Providers Lack Fiduciary-Duty Standing Absent a Personal Right to the Challenged Plan Assets I....