RICO Conspiracy May Rest on an Agreement to Participate in an Enterprise That “Existed or Would Exist” Without Constructively Amending the Indictment 1. Introduction United States v. Jason Meyerholz...
Affirmance Without Resolving Discretionary-Clause Choice-of-Law: ERISA LTD Denial Upheld Under Assumed De Novo Review 1. Introduction In Grice v. Metropolitan Life Insurance Company (5th Cir. Aug....
Mandamus Requires Expedited Younger Abstention Review of State-Court Bail Oversight Consent Decrees Before Imminent Judicial Elections Case: In re Honorable Paula Goodhart; Honorable Jessica Padilla;...
No Plain Error from “Retreat” Language When the Revocation Court Is Finding Disproportionate Self-Defense Force Under Texas Penal Code § 9.31 I. Introduction In United States v. Moses (5th Cir. Aug....
Law-of-the-Case Precludes Renewed “Letter of No Objection” Demands; Purchaser Default at a Time-of-the-Essence Closing Defeats Specific Performance and CPLR 5107 Relief 1. Introduction Chao-Yu C....
Ohio “In Consequence Of” Fraud Exclusion: No Malpractice Indemnity When Negligence Damages Are Not Independent of Intentional Misrepresentation; No Third-Party Bad-Faith Claims Introduction Case:...
“In Consequence of” Means Direct-and-Inseparable: Ohio Malpractice Coverage Is Barred Where Negligence Damages Cannot Be Separated from the Surgeon’s Fraud; Third-Party Bad-Faith Claims Remain...
Interpreting “In Consequence of” in Ohio Malpractice Policies: Direct-and-Inseparable Causation for Fraud Exclusions and No Third-Party Bad-Faith Claims 1. Introduction In Mackenzie Bender v. Med....
“In Consequence of” Fraud Exclusion Requires Direct, Inseparable Damages; Ohio Bars Third‑Party Bad‑Faith Workarounds Against Insurers Introduction Patricia Adams v. Med. Protective Co. is a...
“In Consequence of” Fraud Means Damages that Directly Stem from and Are Inseparable from Intentional Misrepresentation (and Third-Party Claimants Cannot Recast Bad Faith as Fraud) Case: Patricia...
COVID-Driven Delay in Cross-Examination Does Not Violate the Confrontation Clause; “Would Exist” RICO-Enterprise Instructions Do Not Amend the Indictment Case: United States v. Michael Forrester,...
Opportunity, Not Immediacy: COVID-Related Cross-Examination Delays Do Not Violate the Confrontation Clause in Multi-Defendant RICO Trials Commentary on United States v. James Wesley Frazier...
Confrontation Clause “Effective Opportunity” Survives a Multi‑Week Mid‑Testimony Recess: Sixth Circuit Affirms COVID‑Era Joint RICO Trial Management I. Introduction In United States v. Michael...
Sixth Circuit Validates “Enterprise Existed or Would Exist” RICO-Conspiracy Instruction and Upholds Delayed Cross-Examination Amid COVID Disruptions 1. Introduction In United States v. William...
Amendments Cure Alleged One-Subject Defects: Later Reenactments Supersede Earlier Budget-Bill Enactments Case: Allied Health & Chiropractic, L.L.C. v. State | Citation: 2026-Ohio-3308 | Court:...
Unobjected-to Magistrate Decisions in Inmate Writ Cases: Waiver to Plain-Error Review and Mandatory Dismissal for R.C. 2969.25(A) Noncompliance 1. Introduction In State ex rel. Wright v. Franklin...
Reinstatement Recommendations Must Contain Actual Findings and Reasoned Analysis Under I.B.C.R. 518(b)(4)(C): In the Matter of Webb 1. Introduction In In the Matter of Brian L. Webb (Idaho Sup. Ct....
Anti-Injunction Act “Regan” Exception Where a Refund Suit Is Economically Unrealistic; IRA Medicare Drug-Price Negotiation Survives Nondelegation and Due Process Challenges 1. Introduction In Natl...
Mailbox-Rule Presumption in VA-Guideline Foreclosures: Barcoded Servicer Letters and Successor-Custodian Testimony Suffice; Bare Non-Receipt Does Not Case: Rummans v. HSBC Bank, No. 25-10897 (5th...
No Plain Error for Rule 11 Factual-Basis Challenges Turning on Disputable Inferences and Unsettled Construction of 18 U.S.C. § 933(a)(2) Case: United States v. Hernandez (5th Cir. Aug. 26, 2026) (per...