Rider v. OXY USA: Ascertainability in the Tenth Circuit Requires Clear, Objective Class Definitions—not “Administrative Feasibility” or Classwide Standing Proof 1. Introduction In Rider v. OXY USA,...
Rule 404(b) Allows Prior Surreptitious “Peeping” Videos to Prove Identity by Voice Comparison and to Rebut “Accidental Recording” Claims Case: United States v. Bycroft (No. 24-7069) — Court: U.S....
McGirt-Based Jurisdictional Defects Cannot Be Collaterally Litigated at Federal Sentencing Absent a Complete Denial of Counsel I. Introduction In United States v. Campbell (10th Cir. May 5, 2026),...
Avant v. Doke: Appellate Waiver and Forfeiture Strictly Enforced—Inadequate Opening Briefing and Failure to Oppose a Dispositive Defense Require Affirmance 1. Introduction In Avant v. Doke (10th Cir....
“Operate Its Business” Means What It Says: Pandemic Shutdown Orders Can Trigger a Lease “Taking” Even Where Some Use Continues 1. Introduction Delshah 60 Ninth, LLC v. Free People of PA LLC (2d Cir....
National Bank Act Preempts State Minimum Interest Mandates on Mortgage-Escrow Accounts Under Barnett Bank’s “Nature and Degree” Test Cases: Cantero v. Bank of America, N.A.; Hymes v. Bank of America,...
Water Activity Enterprises May Condemn Property When Exercising a Parent District’s Eminent-Domain Power “Relating to Water Activities” Introduction In N. Integrated Supply Project Water Activity...
Pleading Conspiracy Against Court-Appointed Child Advocates: Inaction Is Not Agreement, and Former Wards Lack Standing for Prospective GAL Reform Introduction In Robert Bettis v. Paul Novak, the...
Contractual “Permission-to-Search” Consent in Cloud Terms of Service Validates Provider Scanning and NCMEC Disclosure Without Extinguishing All Privacy 1. Introduction United States v. Adam Blocker...
Seventh Circuit Tightens Rehabilitation Act Litigation: 45-Day EEO Exhaustion, No “Continuing Violation” for Disconnected Episodes, and Estoppel from Workers’ Comp Disability Assertions 1....
Sentencing Courts Must Conduct an Independent § 46-14-311/312 MCA Mental-Condition Determination When the Issue Is Raised at Sentencing Introduction In State v. Myers Starks, 2026 MT 93, the Montana...
Repetitive Habeas Challenges to a Settled Montana Sentence May Trigger a Supreme Court Leave-to-File Requirement 1. Introduction Case: J. Eves v. Borchert (Order), Supreme Court of Montana, filed May...
Due Process and Specific Findings Required Before Montana Courts Impose Vexatious-Litigant Prefiling Orders Introduction Heaven v. Weber (2026 MT 95) arose after Matthew Heaven sued Steven Paul Weber...
“Sexual Contact” Under Montana Law: “Knowingly” Is an Alternative to “Purposely,” and Omitting “Purposely” from the Instruction Was Not Plain Error (State v. Steffens) Court: Supreme Court of Montana...
Louisiana v. Callais (2026): §2 Compliance as a Compelling Interest, Recast Through an “Updated Gingles” Framework 1. Introduction Louisiana v. Callais arose from Louisiana’s post-2020-census...
Workplace PPE-Overheating Complaints Are Not “Matters of Public Concern” Absent a Concrete Public-Safety Focus Introduction In Mark Stanalajczo v. Brandonn Perry (Sixth Cir. May 4, 2026), an adjunct...
Section 18.001’s “Unless” Clause as an All-or-Nothing Bar: Any Compliant Counteraffidavit Defeats Affidavit Admissibility Case: Tatia Ortiz v. Ramu Nelapatla Court: Supreme Court of Texas Date: May...
People v. Morris (Cal. 2026): § 189(e)(2) Requires the Nonkiller to Aid the Lethal Act, Not Merely the Underlying Felony Supreme Court of California (May 4, 2026) — Justice Groban (maj.); Chief...
State v. Lawrence M.: Joinder Burden on the State and Permissible “Grooming” Hypotheticals Without Complainant-Specific Vouching 1. Introduction In State of Connecticut v. Lawrence M. (SC 21032)...
State v. Baez: When Eyewitness “Flight” Evidence and Retreat Defeat Self-Defense, and When Intent-Charge Errors Are Not Plain Error Introduction In State v. Baez (Conn. Sup. Ct., officially released...