establishing-personal-jurisdiction-requires-targeted-activities Case Commentaries

Circuit Courts Lack Jurisdiction to Compel DHS “Systemic” CPS-Operations Disclosures Absent a Justiciable Controversy or Statutory Authority

Date: May 5, 2026

Circuit Courts Lack Jurisdiction to Compel DHS “Systemic” CPS-Operations Disclosures Absent a Justiciable Controversy or Statutory Authority Case: State of West Virginia ex rel. West Virginia...

Strict Enforcement of Summary-Judgment Local Rules Against Pro Se Prisoners, and “Disagreement with Treatment” Is Not Deliberate Indifference

Date: May 5, 2026

Strict Enforcement of Summary-Judgment Local Rules Against Pro Se Prisoners, and “Disagreement with Treatment” Is Not Deliberate Indifference Introduction In Paul Smith v. Pamela Hart as...

Tejon v. Zeus Networks: Small, Gray Browsewrap Hyperlinks Beneath Prominent Action Buttons Do Not Create Inquiry Notice of Arbitration Under Florida Law

Date: May 5, 2026

Tejon v. Zeus Networks: Small, Gray Browsewrap Hyperlinks Beneath Prominent Action Buttons Do Not Create Inquiry Notice of Arbitration Under Florida Law I. Introduction In Roger Tejon v. Zeus...

Unequivocal Notice Triggers ADA EEOC Deadline—Constructive Discharge Accrues on Resignation Notice, Not Effective Date

Date: May 5, 2026

Unequivocal Notice Triggers ADA EEOC Deadline—Constructive Discharge Accrues on Resignation Notice, Not Effective Date Introduction In Dawn Plagianes v. Fulton County School District (11th Cir. May...

Rule 33: Newly Discovered “Cumulative Impeachment” Evidence Does Not Warrant a New Trial or an Evidentiary Hearing Absent “Unique Situations”

Date: May 5, 2026

Rule 33: Newly Discovered “Cumulative Impeachment” Evidence Does Not Warrant a New Trial or an Evidentiary Hearing Absent “Unique Situations” 1. Introduction In United States v. Denzil Olajuwon...

“Notice of Intent to Terminate” Is Not Termination: Delaware Enforces Distinct Notice Triggers in ETF Services Agreements

Date: May 5, 2026

“Notice of Intent to Terminate” Is Not Termination: Delaware Enforces Distinct Notice Triggers in ETF Services Agreements Case: Benchmark Investments LLC v. Pacer Advisors, Inc. (Del. Apr. 30, 2026)...

Mandamus Limits in Election Cases: Referrals for Investigation Are Injunctive Relief; Voting/Candidate Residency Requires Intent Tethered to a Fixed Habitation

Date: May 5, 2026

Mandamus Limits in Election Cases: Referrals for Investigation Are Injunctive Relief; Voting/Candidate Residency Requires Intent Tethered to a Fixed Habitation I. Introduction In State ex rel....

Section 705 Stays When FDA Concedes Procedural Deficits: State Standing and the Public Interest Against Unlawful REMS Deregulation

Date: May 5, 2026

Section 705 Stays When FDA Concedes Procedural Deficits: State Standing and the Public Interest Against Unlawful REMS Deregulation Case: State of Louisiana v. FDA (5th Cir. May 1, 2026) (No....

Extraordinary Downward Variances Require Meaningful Consideration of Deterrence and Sentencing Disparities (Third Cir.)

Date: May 5, 2026

Extraordinary Downward Variances Require Meaningful Consideration of Deterrence and Sentencing Disparities—and a Compelling Explanation Beyond Rehabilitation Case: United States v. Steven Newkirk...

State v. Kent Eaton (2026 VT 14) — “Meaningful” DUI Counsel Consultation Is About Private Opportunity, Not Accurate Advice; Voluntariness Burden Triggered Only by Particularized Coercion Claims

Date: May 5, 2026

State v. Kent Eaton (2026 VT 14): “Meaningful” DUI Counsel Consultation Is About Private Opportunity, Not Accurate Advice; Voluntariness Burden Triggered Only by Particularized Coercion Claims 1....

Nullum Tempus Cannot Override 42 Pa.C.S. § 5536’s 12-Year Construction Statute of Repose

Date: May 5, 2026

Nullum Tempus Cannot Override 42 Pa.C.S. § 5536’s 12-Year Construction Statute of Repose 1. Introduction Case: Clearfield County, Pennsylvania v. Transystems Corporation (successor to L. Robert...

Stormwater Charges as User Fees: Proportionality, Proxy Metrics, and Limits on Recoverable Costs (Wecht, J., Concurring and Dissenting)

Date: May 5, 2026

Stormwater Charges as User Fees: Proportionality, Proxy Metrics, and Limits on Recoverable Costs (Wecht, J., Concurring and Dissenting) 1. Introduction This Pennsylvania Supreme Court matter arose...

ELCRA Discrimination: “Qualified” Must Be Assessed Independently of the Employer’s Stated Reasons; Workforce-Matched Termination Statistics Do Not Support an Inference of Bias

Date: May 5, 2026

ELCRA Discrimination: “Qualified” Must Be Assessed Independently of the Employer’s Stated Reasons; Workforce-Matched Termination Statistics Do Not Support an Inference of Bias 1. Introduction In...

Clear-and-Convincing Evidence Required to Invalidate a Parental Relinquishment to DHHS

Date: May 5, 2026

Clear-and-Convincing Evidence Required to Invalidate a Parental Relinquishment to DHHS I. Introduction In re Interest of Jordon B., 321 Neb. 315 (May 1, 2026), addresses when a biological parent may...

Strict Naming Requirement for “Illegal Votes” Election Contests: No List, No Jurisdiction

Date: May 5, 2026

Strict Naming Requirement for “Illegal Votes” Election Contests: No List, No Jurisdiction I. Introduction In re Election Contest of Highland School Bond Referendum (Iowa May 1, 2026) addresses a...

Standing Bar for Non-Vesting Contingent Charitable Beneficiaries in Iowa Probate Litigation

Date: May 5, 2026

Standing Bar for Non-Vesting Contingent Charitable Beneficiaries in Iowa Probate Litigation 1. Introduction Case: In the matter of the Estate of Herman Carl Stille (Iowa Supreme Court, May 1, 2026)....

Iowa Code § 670.4A Does Not Bar Common-Law Police-Shooting Torts; Federal Harlow Qualified-Immunity Rulings Do Not Preclude Iowa Tort Claims

Date: May 5, 2026

Iowa Code § 670.4A Does Not Bar Common-Law Police-Shooting Torts; Federal Harlow Qualified-Immunity Rulings Do Not Preclude Iowa Tort Claims 1. Introduction This Iowa Supreme Court decision arises...

Otis v. Miller — Pleading Personal Knowledge for Deliberate Indifference

Date: May 5, 2026

Otis v. Miller (5th Cir. Apr. 30, 2026): Grievances and Conclusory “Notice” Allegations Do Not Plead Personal Knowledge or Deliberate Indifference by Named Prison Officials 1. Introduction Case: Otis...

Disability-Benefits Notice Is Not an Accommodation Request: “Qualified Individual” and Comparator Proof Requirements in Academic Dismissal Challenges

Date: May 5, 2026

Disability-Benefits Notice Is Not an Accommodation Request: “Qualified Individual” and Comparator Proof Requirements in Academic Dismissal Challenges Case: Jackson v. Univ of TX SW Medical (5th Cir....

Ruffin v. Davis: Deadly Force Against an Armed, Fleeing Suspect Is Unconstitutional (and Clearly Established) Absent a Furtive or Threatening Weapon Movement

Date: May 5, 2026

Ruffin v. Davis: Deadly Force Against an Armed, Fleeing Suspect Is Unconstitutional (and Clearly Established) Absent a Furtive or Threatening Weapon Movement 1. Introduction Brittany Ruffin v. Kevin...