Idaho Code § 7-711(2) Business Damages: “Owned” Means Fee Title Ownership (Beneficial Ownership Insufficient) Case: IDAHO TRANSPORTATION BOARD v. TRIPLE CROWN DEVELOPMENT, LLC (Idaho Supreme Court,...
Rule 35(a) Authorizes Correction of Ambiguous Sentencing Credit, but Any Substantive Clarification Requires Defendant’s Presence Under Rule 43 I. Introduction In State v. Mooney (Idaho Supreme Court,...
Public-Employer Discretion After CORA Rehabilitation Documentation; ALJ Recommendation Not Final When Timely Rejected/Modified 1. Introduction Case: Jeremy McNitt, Respondent/Cross-Appellant v....
Qualified Immunity Applies Absent Clearly Established Eighth Amendment Protection from a Non-Prison Co-Worker’s Recklessness I. Introduction Case: Joshua M. Hubbert v. Kenny Brinley (11th Cir. Sept....
Striking a Defendant’s Entire Closing Argument Is a Prejudicial Abuse of Discretion (Even If Parts Were Improper) I. Introduction In United States v. Cristian Arevalo Arias (consolidated appeals...
Tenth Circuit COA Gatekeeping: New Habeas Theories Disregarded, Oklahoma Rule 5.2(A) Defaults Enforced, and Posttrial Recantations Rarely Open the Schlup Gateway 1. Introduction In Collins v....
Objective-Reasonableness Standard Governs Civil Detainee Diet Claims; Qualified Immunity Applies Where Kosher Request Appears Insincere and Officials Lack Personal Involvement Introduction In Logan...
Striking the Entire Defense Closing Argument Is a Prejudicial Abuse of Discretion Even When Parts Are Improper I. Introduction In United States v. Cristian Ariel Arevalo Arias, United States v....
NRCP 65(b)(2)’s 14-Day Limit Applies to TROs Issued With Notice: Indefinite TROs Automatically Expire Absent Proper Extension or Consent 1. Introduction Havens v. Dist. Ct. (CarWil, LLC) (Civil), 142...
Constructive “Application for Admission” After Unlawful Entry Validates Expedited Removal as a § 1326 Predicate (Fifth Circuit) 1. Introduction In United States v. Escobedo-Gomez (5th Cir. Sept. 3,...
FLSA Salary-Basis Rule: Comp-Time and Hypothetical Docking Do Not Defeat Exempt Status Absent an Actual Pay-Reduction Practice Moreau v. Harris County (5th Cir. Sept. 3, 2026) — No. 25-20045 1....
Separate-Contract Endorsements Bar Convention Arbitration Against Domestic Insurers, but Related Domestic Litigation May Be Stayed Pending Foreign-Insurer Arbitration Case: Transportation...
Conflict Waivers in Retainer Agreements Require Fact-Proven “Informed Consent” to Bar Malpractice Claims (and Substantial-Factor Causation Can Reach Divorce-Related Financial Harm) Case: Lisa Grattan...
Broad “In Furtherance” Standard for Co‑Conspirator Statements and Permissible Conditional Admission Under Rule 801(d)(2)(E) 1. Introduction In United States v. Emerson Pavilus (3d Cir. Sept. 3, 2026)...
“Gainful Occupation” Is Unambiguous in “Total Disability” Clauses That Bar Any Other Work, Confirming a General (Not Occupational) Disability Standard 1) Introduction In Brian Caraba, D.D.S. v. Paul...
Upward Variance Above a Mandatory Minimum Is Substantively Reasonable When Anchored in § 3553(a) Risk, Treatment Noncompliance, and Case-Specific Destruction I. Introduction In United States v. Gomez...
Interboro Protection Extends to Honest, Reasonable CBA-Based Complaints About “Side Deals,” and Remedy-Scaling Must Wait for NLRB Compliance Proceedings Case: NLRB v. VNS Fed. Servs., LLC (6th Cir....
ERISA LTD Benefits May Be Terminated for Failure to Provide Requested Financial Proof Under a Discretionary Plan Case: Judson Pankey v. Aetna Life Insurance Company (11th Cir. Sept. 3, 2026) (per...
Appointments-Clause Remedies Are Limited to Actions Taken Under Unconstitutionally Delegated “Veto” Authority (Magnuson-Stevens Councils) I. Introduction Case: Dominick Russo v. Secretary, U.S....
Rule 39(b) “Strong and Compelling Reasons” Standard: Eleventh-Hour Conversion of a Scheduled Jury Trial to a Bench Trial Is an Abuse of Discretion When the Parties Had Clear Notice of a Jury Request...