Newson v. NYX, LLC: Ongoing Pre-Complaint Conduct Defeats Retaliation Causation Absent Escalation, and New Theories Cannot Be Raised at Summary Judgment 1. Introduction In Darin Newson v. NYX, LLC...
Reimposed Special Conditions at Revocation Must Be Justified “In Open Court”: United States v. Troutman (6th Cir. 2026) I. Introduction In United States v. David Troutman, the Sixth Circuit reviewed...
Foreseeability—Not “Special Relationship”—Controls Suicide Proximate Cause Under Tennessee Law, and Spoliation Suspicion Alone Cannot Defeat Summary Judgment I. Introduction In Tiffany Barringer v....
Indictment Notice via Incorporation-by-Reference and Post-Ciminelli Wire-Fraud Sufficiency for Stock-Manipulation Schemes Case: United States v. Paul Spivak (6th Cir. July 22, 2026) (not recommended...
Repeated Nonappearance at Court-Mandated Conferences Supports Rule 41(b) Dismissal with Prejudice; Email/Notice Mismanagement Is Not “Excusable Neglect” Under Rule 6(b) 1. Introduction In Estate of...
Procedural Sentencing Error After the Acquitted-Conduct Guideline Amendment: Courts Must Address a Defendant’s Nonfrivolous Objection to a § 2D1.1(b)(1) Firearm Enhancement I. Introduction United...
Tax Regulation Challenges Are Unripe Before a Notice of Deficiency: Ripeness, Administrative Review, and Retroactivity Due Process in New York Franchise Tax Apportionment 1. Introduction Matter of...
Stava v. Stava (2026): Collateral Does Not Create Marital Acquisition Under the Source of Funds Rule (and Premarital Equity Must Be Counted as a Separate Contribution) I. Introduction In Stava v....
State v. Evans (321 Neb. 841): Proving Nonenumerated “Deadly Weapon” by Injury Patterns and Treating Generalized “Safety Concerns” as Non-Acts Under § 27-404(2) I. Introduction In State v. Evans, 321...
People v. Dacosta: A Vacated Plea Extinguishes Its Appeal Waiver; Police-Controlled Buys Can Supply Probable Cause Without a Darden Hearing 1. Introduction In People v Dacosta (2026 NY Slip Op 04532...
Strategic Use of Uncharged Molineux Evidence and a Narrow Molineux Instruction Can Defeat Ineffective-Assistance Claims (People v Chauhan) 1. Introduction In People v Chauhan (2026 NY Slip Op 04531...
Contract Clauses that Eliminate All Judicial and Nonjudicial Review Are Void as Against Public Policy 1. Introduction Hochhauser v Urban Off. Architecture, PLLC (2026 NY Slip Op 04491 [2d Dept 2026])...
Suborning Perjury Enhancement Applies When a Defendant Procures False Testimony by Inducing Counsel to Elicit Known Lies Case: United States v. Fullerton (Nos. 24-50800 & 24-50829, consolidated)...
“Young Women in Guatemala” Is Not a Cognizable Particular Social Group Absent Record Evidence of Social Distinction Case: Elodia Jimenez Diaz v. Attorney General United States of America (3d Cir....
Municipal Bid Specifications May Require DOL-Approved Apprenticeships With Graduation-Rate Thresholds for High-Value Public Works Without Preemption 1. Introduction In Matter of Peckham Rd. Corp. v....
Obstruction-of-Justice for “Procuring” Perjury: Coordinating Exonerating Testimony Can Support a §3C1.1 Subornation Enhancement I. Introduction In United States v. Fullerton (5th Cir. July 21, 2026),...
Direct Evidence that Funds Were Not Reinvested Defeats International Promotion Money Laundering Under 18 U.S.C. § 1956(a)(2)(A) Case: United States v. Qinbin Chen (4th Cir. July 21, 2026)...
Dismissal for Lack of Personal Jurisdiction Must Be Without Prejudice (and Merits Should Not Be Reached Absent Jurisdiction) 1. Introduction In John Gordon v. Greg Gordon (3d Cir. July 21, 2026) (not...
Diversity Cured by Dropping a Nondiverse Party; Contractual One-Year Suit Limitation Enforced; § 8371 Bad Faith Requires Clear-and-Convincing Proof 1. Introduction Terrence Colbert v. Allstate...
Third Circuit Requires Causation-Grade Statistical Proof (Not Mere Correlation) to Establish Predominance in Pharmaceutical-Fraud RICO TPP Classes; Confirms Issue-Limiting Authority in Rule 23(f)...