Receivership Stay Orders Are Not Appealable as Injunction Modifications: Fifth Circuit Limits § 1292(a) and Invokes Rule 38 Show-Cause 1. Introduction Case: SEC v. Barton, No. 25-11043 (5th Cir. June...
Appraisal Payment May Moot the Contract Claim, But “Breach” Still Goes to the Jury as an Element of Virgin Islands Bad Faith 1. Introduction RLF Nazareth LLC v. York RSG (International) Limited;...
Wessel v. Virginia State Bar — Deception About Trial Intent, Mandatory Withdrawal After Discharge, and the Non-Delegable Duty to Promptly Disburse Undisputed Settlement Funds Court: Supreme Court of...
Summary Judgment First: Ecclesiastical Abstention Cannot Dispose of Church-Property Cases Where Membership Is a Material Fact in Dispute Case: Shalom Presbyterian Church of Washington v. Atlantic...
SEC Disgorgement Requires No Proof of Investor Pecuniary Loss: “Victim” Status Turns on Invasion of Legally Protected Interests Case: Sripetch v. Securities and Exchange Commission, 608 U. S. ___...
Hikma v. Amarin: Pleading “Active Steps” for §271(b) Inducement—Affirmative Encouragement, Not Possible Reader Inferences 1. Introduction Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. (608 U....
Good-Faith Reliance Upheld Despite Conceded Lack of Probable Cause Where Affidavit Shows a “Minimally Sufficient Nexus” and No Evidence of Systemic Negligence I. Introduction In United States v....
Forum-Rate Presumption in TILA Fee Awards: Laffey Rates Require a Specific Necessity Showing (Except for Necessary Out-of-Town Specialists) I. Introduction In William Klopfenstein v. Fifth Third Bank...
Recipient Testimony Plus Distinctive Context Can Authenticate Messenger Messages and Sustain an RFA-Violation Conviction 1. Introduction State v. Jeremy Amidon (Vt. Sup. Ct., June 5, 2026) arises...
Probable-Cause Presumption Bars Malicious Prosecution Absent Improper Evidence, and Prosecutor’s Later Charge Amendment Is Not Attributable Without Defendant Involvement Introduction In Johnathan...
Monthly-Rent Residential Leases Are Not “Agreements to Defer Payment” Under WIS. STAT. § 427.104; § 100.20(5) Requires Proved, Causally Linked Pecuniary Loss 1. Introduction Case: Koble Investments...
Vermont Reaffirms No Duty to Child Trespassers; Attractive-Nuisance Change Reserved to the Legislature 1. Introduction In Ian Treadway v. Green Mountain Power Corporation (2026 VT 20), the Vermont...
In re W.M.: Termination Affirmed Despite Mental-Health Medication Nonadherence Where Services Were Extensive and Parenting Capacity Stagnated 1. Introduction Case: In re W.M., Juvenile (C.M.,...
Maintenance Must Be Based on Accurate, Current Income Findings; Clearly Erroneous Income Findings Require Remand and May Reopen Property Division Anne Goodrich v. Jeffrey Goodrich, Vermont Supreme...
Refusal to Permit DCF Assessment and Safety Planning, Combined with Substance-Use Indicators and Unsafe Caregivers, Supports CHINS Risk-of-Harm Finding 1. Introduction Case: In re L.M., L.M., L.M.,...
Constructive Visitation Alone Does Not Defeat Termination: Refusal to Cooperate with Home/Safety Assessment and Substance-Use Evaluation Supports “Stagnation” and Best-Interests Findings Case: In re...
Disruptive Civil Litigants May Forfeit the Due-Process Right to Be Present at Trial After Warnings (Abuse-of-Discretion Review) 1. Introduction In Dion K. Humphrey v. Robert K. Reges, Jr. and Mala J....
Transcripts + Plea Admissions Can Sustain U.S.S.G. § 2D1.1(b)(2) “Credible Threat” Enhancement Under the Low Sentencing-Reliability Threshold I. Introduction In United States v. Jerry Baker (6th Cir....
Ordinary Financial and Emotional Consequences—Plus Speculative Spousal Depression—Do Not Establish “Exceptional and Extremely Unusual Hardship” for Non-LPR Cancellation 1. Introduction Isidro...
High-Speed Pursuits Triggered by Sudden Flight: State-Created-Danger Liability Requires Intent to Harm, and the “Culpability Clock” Starts When the Suspect Flees 1. Introduction Neal Miller v. Joseph...