Plausible Personal-Animus Allegations Defeat Alabama Deputy-Sheriff State Immunity at the Motion-to-Dismiss Stage 1. Introduction In Chantele Foster v. Kevin Emberg (11th Cir. May 19, 2026)...
Non-Hearsay “Effect on Listener” Informant Statements and Text-Based Attempted Drug Deals as Relevant Conduct 1. Introduction In United States v. Demetris Bellamy (11th Cir. May 20, 2026) (per...
West Virginia Adopts Gross Disproportionality (Economic Waste) Limit on Construction-Contract Damages; Diminution-in-Value Calculation and Breaching-Party Burden Introduction Case: Corotoman, Inc. v....
Confrontation Clause Claims Must Be Specifically Preserved—A Hearsay Objection (or Passing Reference) Is Not Enough 1. Introduction In State of West Virginia v. Heath Allen Rose (Supreme Court of...
State v. Korsakas: No Structural “Complete Denial of Counsel” When Plea-Withdrawal Motion Is Raised at Sentencing but Counsel Remains Appointed; CrR 4.2(f) Motions May Be Oral Before Judgment 1....
Res Judicata Bars Later Civil-Rights Damages Claims Not Raised in a Quasi-Judicial CACFP Administrative Review Introduction In El Bebe Day Care Center, Inc. v. Rhode Island Department of Elementary...
Legal Malpractice: Limitations Period Runs No Later Than Termination/File Transfer; Discovery Rule Barred by Objective Notice and Sham Affidavit 1. Introduction In John H. Williams et al. v....
ERISA Remand Orders Without a Sum-Certain Benefits Award Are Not Final and Are Appealable Only After Post-Remand District Court Disposition 1. Introduction In W. v. California Physicians Service...
Colorado Auto-Insurance Disclosure: “Copy” Means the Full Policy, Relevance Is Broad, and the § 10-3-1117 Penalty Accrues Once Per Claim Case: Fogel v. Shelter Mutual Insurance Company (10th Cir. May...
Police Return of Firearms Does Not Justify Acquittal: Courts May Strike Closing Arguments That Drift from Mens Rea to an Impermissible “Trust the Police” Theory 1. Introduction United States v....
Warrant Checks Remain “Ordinary Inquiries” During a Traffic Stop; ACCA Enhancement Vacated Where Conceded Predicates Leave Only Two Violent Felonies I. Introduction In United States v. Wiggins (10th...
Reverse False Claims Against Online Marketplaces Require Particularized Scienter; Routine Platform Operations Do Not Plead FCA Conspiracy Case: United States v. Amazon.com, Inc. (No. 25-207-cv)...
Property Interest in 24‑Hour Medicaid Personal Care Services (NY), Yet Existing “Enroll‑Then‑Request‑Increase” Appeals Process Satisfies Due Process Bellin v. McDonald (2d Cir. May 21, 2026) (Carney,...
Second Circuit: No “Emergency” Child Removal When There Is Time to Seek a Family-Court Order; Material Omissions in Petitions Defeat Probable Cause and Qualified Immunity Case: K.W. v. The City of...
Harmlessness of Pre-Ruan “Objective Good-Faith” Instructions in § 841 Prescriber Cases; Admissibility of State Medical Standards and Expert Norms Testimony I. Introduction United States v. Parasmo is...
Guilt-Phase Unanimous Felony Verdicts Satisfy Poole’s Jury-Finding Requirement for Florida Death Sentences I. Introduction In Darious Wilcox v. State of Florida (SC2023-1498) and the companion habeas...
Seventh Circuit: Generalized Country-Deterioration Evidence Is Not “Material” to Reopen; Pereira Does Not Equitably Toll Untimely Reopening; Sua Sponte Reopening Denials Remain Unreviewable Absent...
Deadly Force Permitted Against a Pinned but Still-Accelerating Vehicle; De Minimis Arrest Force, No Failure-to-Intervene Liability, and Georgia Sheriff Sovereign Immunity Case: Nicholas Bolton v....
Rule 41(a)(1)(B) Two-Dismissal Rule Applies Even When the First Dismissal Is by Agreement; Second Notice Dismissal Is With Prejudice and Bars Relitigation in the Same Court (Including After Transfer)...
Reed (Mont. 2026): Communication, Diligence, and Timely Withdrawal/File/Refund Duties Under the MRPC 1. Introduction Matter of Benjamin W. Reed, Attorney at Law (Supreme Court of Montana Cause No. PR...