Idaho Adopts the “Reasonable Expectations” Test for LLC Member Oppression and Rejects Dissolution on Unpleaded “Illegal Conduct” Grounds Introduction BEARDSLEE v. RATLIFF FAMILY LLC, NO. 1 (Idaho...
Rule 68 “More Favorable” Comparison Excludes Counterclaim Offsets and Looks Only to the Claim the Offeror Defends 1. Introduction In Susan Cornelius, as Personal Representative of the Estate of...
Individualized Findings Required for U.S.S.G. § 2B1.1(b)(10)(C) “Sophisticated Means”; Leadership May Establish “Caused” Conduct Case: United States v. Betsy Alexandra Medina (consolidated with...
Individualized “Sophisticated Means” Findings Required; Leadership Role Can Satisfy the Intent Requirement Under U.S.S.G. § 2B1.1(b)(10)(C) I. Introduction This unpublished consolidated Eleventh...
ALJs Must Address SSR 19-4p and Listing 11.02(B) When Evaluating Migraines at Step Three Case: Pakita Wright v. Commissioner of Social Security Court: United States Court of Appeals for the Eleventh...
Parens Patriae Cannot Supply Standing in Ohio Mandamus Actions: Attorney General Must Show Direct Beneficial Interest or Statutory Authority Introduction In State ex rel. Yost, Atty. Gen., v....
U.S.S.G. § 2K2.1(b)(6)(B) “In Connection With” Satisfied When the Firearm Is an Element of a Distinct Concealed-Carry Felony; Unpronounced Supervised-Release Conditions Must Be Vacated Case: United...
Sufiyan v. Blanche: The BIA Must Make “But-For” Merits Findings When the Material Support Bar Is Dispositive and a DHS Waiver Requires “Otherwise Eligible” Status I. Introduction In Sufiyan v....
Visual-Simulation Requirement Extends to Solar-Project Substations as Part of the “Facility” Under Ohio Power Siting Board Rules In re Application of Oak Run Solar Project, L.L.C., Slip Opinion No....
BP3 Capital, LLC v. 5120 Realty Corp.: Apparent Authority in Corporate Mortgage Closings Requires Principal-Based Conduct and a Reasonable Lender Inquiry (and CPLR 3025(b) Amendments Should Be...
Unverified Generative-AI Case Citations Are “Frivolous Conduct” Under 22 NYCRR 130-1.1—Even for Pro Se Appellants Case: Matter of Julien v Arthur, 2026 NY Slip Op 03308 (App Div 2d Dept May 27, 2026)...
Denial of Summary Judgment Does Not Bar Trial Finding of “Willful and Avowed Obstruction” Supporting a Noncooperation Disclaimer Under Insurance Law § 3420 1. Introduction Foddrell v Utica First Ins....
Environmental Deed Restrictions May “Run with the Land” by Surrounding Circumstances; Tax-Deed/Redemption Does Not Merge Away Recorded Restrictions 1. Introduction Case: U & Me Homes, LLC v County of...
Relation-Back Allows Adding an Omitted Titled Owner in Foreclosure When United in Interest and on Notice Introduction In BAC Home Loan Servicing, LP v MacPherson (2026 NY Slip Op 03285), the...
Fraud/Duress Allegations Can Defeat a Release at the Pleading Stage in Confession-of-Judgment/MCA Litigation Case: Dual Diagnosis Treatment Ctr., Inc. v. Yellowstone Capital W., LLC, 2026 NY Slip Op...
Rent-Overcharge Class Actions: “Colorable Indicia of Fraud” Defeats Four-Year Time Bar and Supports Commonality, with Class Period Limited to Four Years Pre-Filing 1. Introduction In Abdelrazek v...
State v. Rademacher (2026 ND 107): Presumptive Probation Requires Record-Based, Statute-Textual Aggravator Findings—Driving Alone Is Not “Trust/Responsibility,” and “Age and Vulnerability” Is...
Unverified AI-Generated Citations as “Knowing” False Statements Under ORPC 3.3 (Reciprocal Discipline Under RGDP 7.7) I. Introduction STATE OF OKLAHOMA ex rel. OBA v. REEVES, 2026 OK 37, is an...
Second Circuit Requires Enhanced Anders Scrutiny When Electronic-Device Search Conditions Present Potentially Non-Frivolous Appellate Issues Introduction In United States v. Samuels (2d Cir. May 26,...
ERISA Actuarial Equivalence Requires Reasonable Assumptions; QPSA Charges Must Reasonably Reflect Increased Cost I. Introduction In William Drummond v. Southern Company Services, Inc., the Eleventh...