Forum-Selection Clause “Applicability” Is Governed by the Contract’s Substantive Law; “Enforceability” Remains Federal I. Introduction Declan Flight, Inc. v. Textron eAviation, Inc. (11th Cir. May...
United States v. Harris (10th Cir. 2026): “Record Reveals a Basis” Forecloses Plain-Error Relief from a Mental-Health Treatment Condition I. Introduction In United States v. Harris (10th Cir. May 26,...
May 26, 2026 Ohio Supreme Court Case Announcements: Sua Sponte Dismissals, Alternative-Writ Practice, and Jurisdictional Gatekeeping 1. Introduction The Supreme Court of Ohio’s May 26, 2026 “Case...
Mid-Conspiracy Relationship Evidence Is “Intrinsic,” Not Rule 404(b) Other-Acts Evidence Introduction In United States v. Ricardo Davalos Martinez (6th Cir. May 26, 2026) (unpublished), the Sixth...
State v. Nirav Patel: Evidence in the Defendant’s Possession Is Not “Newly Discovered” Absent a Reasonably Diligent Pretrial Search (and Courts Must Be Alert to Post‑Verdict Fraud-on-the-Court Risks)...
Deference to Prison Medical Judgment and the “No Personal Involvement, No § 1983 Liability” Rule in Treatment-and-Retaliation Claims I. Introduction Case: Andrew Obregon v. Jamie Barker and Radu...
Margolin v. NAIJ (2026): Party Presentation Limits Appellate Courts from Sua Sponte Reopening CSRA Channeling Based on MSPB “Functioning” Concerns Introduction Margolin v. National Association of...
Rehabilitation in § 3582(c)(2) Resentencing: A Misplaced “Rehabilitation Alone” Quote Is Not Reversible Error When the Court Actually Weighs Rehabilitation and Misconduct Under § 3553(a) Case: United...
Flood-Resulting Sewer Backups Fall Within Flood Exclusions Despite Sewer-Backup Extensions (and Metadata Can Defeat “Self-Serving” Causation Proof at Summary Judgment) Case: Express Jewelry Enters....
Standing to Enjoin State Constitutional Provisions Requires Defendant-Specific Enforcement Authority, Not General Executive Duty Case: Right to Life of Mich. v. Gretchen Whitmer (6th Cir. May 26,...
Misdesignation of Owner’s Capacity in a Notice to Quit Is a Circumstantial Defect Excused by § 52-123 Absent Prejudice I. Introduction Freccia v. Freccia (Conn. May 26, 2026) is a summary process...
Oral Competency Findings Incorporating Forensic Reports—and Harmless Rule 11 Variances—Do Not Invalidate Guilty Pleas Absent Prejudice Introduction In State of West Virginia v. Mathew M. (W. Va. May...
ADA Part‑Time Accommodation Requires Ability to Perform Essential Functions; No “Adverse Action” by Host County Where Staffing Firm Offers Alternative Placement I. Introduction In Hayes v. Shawnee...
Emergency-Aid Seizures After Case v. Montana: Objective Reasonableness (Not Probable Cause) Governs Fourth Amendment Emergency Intervention Case: Abigail Jean Marbut v. Matthew Phillips, No. 24-13309...
Scope of Employment Does Not Make a State Employee a “Named Insured” for UM/UIM When Driving a Personal Vehicle; § 27-7-2.1 Does Not Require UM/UIM to Track Liability Coverage 1. Introduction In...
Owner-Landlord Control and Knowing Drug Use Can Satisfy the “Maintained” and “Purpose” Elements of U.S.S.G. § 2D1.1(b)(12); Brady Materiality Is Not Shown Where FBI 302 Summaries Provide the Key...
Nonfinal Duty-to-Defend Dismissals Are Not “Practical” Injunctions: Limits on Interlocutory Appellate Jurisdiction Under 28 U.S.C. § 1292(a)(1) I. Introduction Northfield Insurance Company v. North...
No “Vertical” Separation of Powers: Delaware General Assembly May Reclaim Delegated Zoning Authority and Retroactively Deem Utility Substation Permits Approved Introduction In Town of Fenwick Island...
Mann v. Mezuyon, LLC: 12 NYCRR 23-4.2 (k) Is Too General to Predicate Labor Law § 241 (6) Vicarious Liability 1. Introduction Case: Mann v Mezuyon, LLC, 2026 NY Slip Op 03257 (Ct App May 26, 2026)....
Affidavits Cannot Cure Missing Ownership Attachments: Debt Buyers Must Plead Non-Affidavit Proof of Account-Specific Ownership Under § 5-16-111(2)(b) I. Introduction In Wright v. Portfolio Recovery...