People v. Monahan: Shooting Toward Occupied Departing Vehicles Supports Depraved-Indifference Murder; Tampering May Be Inferred from Missing Ballistic Debris and Post-Event Cleaning I. Introduction...
Final Divorce Judgment Bars Relitigation of Disability-Pension Distribution; Courts Must Amend DROs to Conform and Award Arrears from Accrual Case: Tierney v Tierney, 2026 NY Slip Op 03720 (App Div...
People v. Thornton: A CPL 440 Hearing Is Required Where Counsel Allegedly Withheld Known Impeachment Material About the Defense’s Sole Expert 1. Introduction Case: People v Thornton, 2026 NY Slip Op...
Bivens Will Not Extend to Post-Assault “Failure-to-Treat” Claims Intertwined with Prison Security; FTCA Accrual Turns on Inquiry Notice and Tolling Requires Diligence Introduction In Lyasia N....
CFDBPA Confined to Consumer Transactions; Speculative Cybersecurity Risk Cannot Establish Article III Standing; Utility Shutoff Due Process Satisfied by Notice and Meaningful Bill-Dispute Procedures...
Actual Notice + No Self-Help: Civil Contempt for Extending a Non-Preclusive Bankruptcy Dictum to New Property Liens Case: In re: Milton Thomas, No. 24-1861 (3d Cir. June 9, 2026) Court: U.S. Court of...
Jefferson v. Moore: Immunity Does Not Create a Collateral-Order Right to Appeal Non-Dispositive Procedural Denials Court: U.S. Court of Appeals for the Tenth Circuit Date: June 8, 2026 Case:...
Standing and Ripeness Limits on Challenges to Unimplemented Statutory Exceptions: Redressability, Severability, and Generalized Stigmatic Harm Case: New Mexico Trappers Association v. Torrez (10th...
U.S.S.G. § 2A2.2 Is the “Most Analogous” Guideline for Oklahoma Child-Abuse-by-Injury (Okla. Stat. tit. 21, § 843.5(A)) Sentenced in Federal Indian-Country Prosecutions 1. Introduction In United...
U.S.S.G. § 2A2.2 (Aggravated Assault) Is the “Most Analogous” Guideline for Oklahoma Child Abuse by Injury Under U.S.S.G. § 2X5.1 Case: United States v. Smith (10th Cir. June 9, 2026) (published)...
Homeowners “Business” Exclusion Applies to Third-Party Commercial Activity Conducted from the Insured Location; Excess-Protection Letters Do Not Waive Reserved Coverage Defenses 1. Introduction Case:...
Adult Guardianship Removal in New Hampshire: RSA 464-A:39 Requires Only a “Best Interests” Showing—Not “Cause” Case: In re Guardianship of T.M., 2026 N.H. 23 (N.H. June 10, 2026) Court: Supreme Court...
Spitz v. Starr: Illinois “Most Significant Relationship” Points to the Underlying Litigation Forum in Failure-to-Settle Torts; No Direct Appellate Review of an Out-of-Circuit § 1404(a) Transfer...
Jarvis v. Liggett: No Deliberate Indifference Where Transporting Officers Lack Scheduling Responsibility and Reasonably Respond to Dental Pain 1. Introduction In Jarvis v. Liggett (10th Cir. June 10,...
Qualified-Immunity Interlocutory Appeals: No Jurisdiction for Fact-Reweighing Disguised as “Clearly Established” Arguments Estate of Richard Ward v. Lucero (10th Cir. June 10, 2026) 1. Introduction...
Oklahoma Child-Abuse-by-Injury Has a “Sufficiently Analogous” Guideline: U.S.S.G. § 2A2.2 (Aggravated Assault) Applies Under U.S.S.G. § 2X5.1 Case: United States v. Smith (10th Cir. June 9, 2026)...
U.S.S.G. § 2A2.2 Is the “Most Analogous” Guideline for Oklahoma Child-Abuse-by-Injury Under U.S.S.G. § 2X5.1 I. Introduction United States v. Smith (10th Cir. June 9, 2026) arises from the...
Undisclosed, Material Ex Parte Sentencing Facts Require Vacatur and Reassignment on Remand (First Circuit) Introduction In United States v. Maldonado-Maldonado (1st Cir. June 8, 2026), the First...
New First Circuit Rule: Three Freenet Child-Pornography File Requests in Minutes Can Establish Probable Cause—and Remain Fresh Nine Months Later Case: United States v. Daigle (1st Cir. June 10, 2026)...
Discretion First: Summary Denial of First Step Act Relief Upheld Where § 3553(a) Factors Outweigh Rehabilitation, Allowing Appellate Bypass of Eligibility I. Introduction In United States v....