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

Matter of Lemoine: Reciprocal Disbarment and “Venal Intent” for Misuse of Escrowed Client/Third-Party Funds

Date: Jul 27, 2026

Matter of Lemoine: Reciprocal Disbarment and “Venal Intent” for Misuse of Escrowed Client/Third-Party Funds Court: Appellate Division of the Supreme Court, New York, First Department (Per Curiam)...

Denemark v New Chapter Capital, Inc.: When “Litigation Funding” Becomes a Usurious Loan

Date: Jul 27, 2026

Denemark v New Chapter Capital, Inc.: Litigation Funding Is a Usurious Loan When Repayment Is Effectively Guaranteed (Security Interest, Escrow Controls, and “Trigger” Guaranties) 1. Introduction In...

Missouri Rule 74.06(b)(5): A Change in Law Alone Cannot Dissolve a Permanent Injunction; Changed Facts and Equity Must Be Proven

Date: Jul 27, 2026

Missouri Rule 74.06(b)(5): A Change in Law Alone Cannot Dissolve a Permanent Injunction; Changed Facts and Equity Must Be Proven 1. Introduction Glendale Shooting Club, Inc. v. Landolt (Mo. banc July...

Rule 60(a) Correction of Attorney-Drafted Findings That Deviate from Oral Custody Rulings; Law of the Case Bars Late Clear-Error Attacks

Date: Jul 27, 2026

Rule 60(a) Correction of Attorney-Drafted Findings That Deviate from Oral Custody Rulings; Law of the Case Bars Late Clear-Error Attacks 1. Introduction Darren M. v. Destiny D. (Alaska Supreme Court,...

FCRA § 1681s-2(b): Forfeiture of “Reasonable Investigation” Challenges and When a Furnisher’s Investigation Is “Beyond Question” at Summary Judgment

Date: Jul 26, 2026

FCRA § 1681s-2(b): Forfeiture of “Reasonable Investigation” Challenges and When a Furnisher’s Investigation Is “Beyond Question” at Summary Judgment 1. Introduction In Claudette Jordan v. M&T Bank...

Sixth Circuit Requires Apparent Aggregate-Risk Analysis for CAT Claims and Adequate Explanation for Inconsistent Expert-Qualification Rulings

Date: Jul 26, 2026

Sixth Circuit Requires Apparent Aggregate-Risk Analysis for CAT Claims and Adequate Explanation for Inconsistent Expert-Qualification Rulings I. Introduction In Maher Sabri Hanna v. Todd W. Blanche,...

Overbreadth Without Prejudice: Two-Step Digital Warrants and Mandatory Consideration of Acquitted-Conduct Objections at Sentencing (Sixth Circuit)

Date: Jul 26, 2026

Overbreadth Without Prejudice: Two-Step Digital Warrants and Mandatory Consideration of Acquitted-Conduct Objections at Sentencing (Sixth Circuit) Case: United States v. Martin Murff (consolidated...

Seventh Circuit: Failure-to-Warn Causation Requires Non-Speculative Proof That an Alternative Label Would Have Changed Medical Feeding Decisions

Date: Jul 25, 2026

Seventh Circuit: Failure-to-Warn Causation Requires Non-Speculative Proof That an Alternative Label Would Have Changed Medical Feeding Decisions Case: Ericka Mar v. Abbott Laboratories (In re: Abbott...

United States v. Barnett K. Fung (7th Cir. July 24, 2026) Commentary

Date: Jul 25, 2026

Pharmacist–Prescriber Communications as Lay Testimony and “Isolated, Inadvertent” Addiction References: Seventh Circuit Guardrails in § 841(a) Prescriber Prosecutions United States v. Barnett K....

Bankruptcy Proofs of Claim Must Show an Enforceable Right to Payment at Filing

Date: Jul 25, 2026

Bankruptcy Proofs of Claim Must Show an Enforceable Right to Payment at Filing Case: Bay United Holdings, LLC. v. INXS 7, LLC (In Re: Aegis Asset Management, LLC) Court: United States Court of...

Harding v. Seminole County Sheriff: No Title VII/FCRA Employer Liability Absent Supervisory Power or Notice; Probable Cause for Each Charged Offense Defeats § 1983/Fla. Malicious Prosecution

Date: Jul 25, 2026

Harding v. Seminole County Sheriff: No Title VII/FCRA Employer Liability Absent Supervisory Power or Notice; Probable Cause for Each Charged Offense Defeats § 1983/Fla. Malicious Prosecution 1....

Leiser v. Virginia State Bar: RPC 8.2 Is Constitutional and Reaches False/Reckless Integrity Attacks on Any Judicial Officer (Including the Judiciary as a Whole)

Date: Jul 25, 2026

Leiser v. Virginia State Bar: RPC 8.2 Is Constitutional and Reaches False/Reckless Integrity Attacks on Any Judicial Officer (Including the Judiciary as a Whole) 1. Introduction In Leiser v. Virginia...

Recruitment Travel Can Satisfy § 2421 “Dominant Purpose” Intent; Firearms, Isolation, and Threat Displays Establish § 1591 Coercion

Date: Jul 25, 2026

Recruitment Travel Can Satisfy § 2421 “Dominant Purpose” Intent; Firearms, Isolation, and Threat Displays Establish § 1591 Coercion I. Introduction In United States v. Portier Govan (6th Cir. July...

Independent Non-Retaliatory Basis Rule: Unauthorized Coworker Recording Defeats Title VII/§ 1981 Retaliation at Pretext

Date: Jul 25, 2026

Independent Non-Retaliatory Basis Rule: Unauthorized Coworker Recording Defeats Title VII/§ 1981 Retaliation at Pretext I. Introduction In Dennis Loggins v. Costco Wholesale Corporation (6th Cir....

United States v. Paul Spivak — Sixth Circuit Clarifies: Indictment Notice for Wire Fraud May Rely on Incorporation-by-Reference Plus Transaction Charts; Plea-Withdrawal and Rule 11 Factual-Basis Standards Remain Demanding

Date: Jul 25, 2026

Indictment Notice for Wire Fraud May Rely on Incorporation-by-Reference Plus Transaction Charts; Written Plea Addenda Can Supply Rule 11 Factual Bases 1. Introduction In United States v. Paul Spivak...

Outstanding Warrants and Provoked Flight Do Not Eliminate Fourth Amendment Protection Against Unreasonable Seizures

Date: Jul 25, 2026

Outstanding Warrants and Provoked Flight Do Not Eliminate Fourth Amendment Protection Against Unreasonable Seizures 1. Introduction Brian Eugene Hux v. Randall Williams (Sixth Circuit, July 22, 2026)...

Dangerousness as the Controlling Test for As-Applied Bruen Challenges to § 922(g)(1) on Plain-Error Review (Sixth Circuit)

Date: Jul 25, 2026

Dangerousness as the Controlling Test for As-Applied Bruen Challenges to 18 U.S.C. § 922(g)(1) on Plain-Error Review Case: United States v. Mykael Lee Booker (6th Cir. July 22, 2026) (unpublished)...

United States v. Eddie Reid (6th Cir. 2026) — Commentary

Date: Jul 25, 2026

Sixth Circuit Limits Suppression for “Step-One” Overbreadth in Two-Step Digital Warrants Absent Identifiable Prejudicial Seizure; Requires Sentencing Courts to Address Acquitted-Conduct Guideline...

Home Improvement Contracts: Noncompliance with GBL § 771 Not Per Se Unenforceable; Written Change-Order Clauses May Be Waived by Conduct; Owner Credits Must Offset Extra Costs

Date: Jul 25, 2026

Home Improvement Contracts: Noncompliance with GBL § 771 Not Per Se Unenforceable; Written Change-Order Clauses May Be Waived by Conduct; Owner Credits Must Offset Extra Costs 1. Introduction P.E....

Ohio Supreme Court: Civ.R. 9(B) Requires Element-Level Particularity to Plead “Manifest Mistake” to Set Aside a Binding Insurance Appraisal; “Hidden Damages” Allegation Alone Is Insufficient

Date: Jul 25, 2026

Ohio Supreme Court: Civ.R. 9(B) Requires Element-Level Particularity to Plead “Manifest Mistake” to Set Aside a Binding Insurance Appraisal; “Hidden Damages” Allegation Alone Is Insufficient 1....