Certification Despite Prior Erie Prediction: Fourth Circuit Sends South Carolina “Adequate Warning vs. Design Defect” Question to State Supreme Court I. Introduction Jesse Near v. Enerco Group, Inc....
Generalized Gang Extortion/Recruitment Motives Do Not Establish Asylum Nexus Without Petitioner-Specific Evidence; BIA Need Not Remand for “Clear Factual or Legal Error” Shorthand Absent Identified...
Non‑Unanimous Court‑Martial Verdict Claims Are Non‑Jurisdictional and Unreviewable on Federal Habeas After “Full and Fair” Military Consideration Introduction In Jamie Brown v. Troy Meink (4th Cir....
Deferred Enforced Departure Is Not an Immigration “Status”: “Admitted in Any Status” Under 8 U.S.C. § 1229b(a)(2) Requires Entry in an INA-Recognized Classification Case: Alejandra Montesinos...
Receivers May Modify Self-Dealing Lease Terms Despite Attornment Clauses; Conclusory “Lender Breach” Allegations Do Not Vacate Default 1. Introduction ICON PSG 1 FL, LLC v. Jenkins Court Realty Co.,...
Maccagnan v. Cherry Creek School District No. 5: No Due-Process Property Interest for Colorado Principals on One-Year Contracts; Equal Pay Act Pretext Not an Element; Comparator Proof Turns on the...
Rule 11 and § 9-29-21 Sanctions in Divorce: Counsel Fees Without a Financial-Need Prerequisite Introduction In Cassandra Constantino v. Zsolt Orban (R.I. July 17, 2026), the Rhode Island Supreme...
Post-Deed Notice Cannot Cure Failed Pre-Deed Notice: Jones v. Flowers Applied to New Hampshire Municipal Tax Deeds 1. Introduction In Manutsom v. Town of Hollis, 2026 N.H. 27, the Supreme Court of...
“Sole Discretion” Still Requires a Reason: “Warranted” Dealer Appointments Need Only a Contract-Objective Rationale, and the Implied Covenant Cannot Add Extra-Contractual Disclosure Duties 1....
Attorney-Client Privilege and Third Parties: Objective Necessity, Proponent’s Burden, and Prospective Correction of Accomazzo Case: GELVIN v. HON. PARKER/GELVIN (Arizona Supreme Court) Date: July 17,...
Goldwater v. Phoenix: No Rigid “Probability of Harm” Element Under Carlson; Appellate De Novo Rebalancing and In Camera Review for Negotiation-Stage Public Records 1) Introduction In GOLDWATER v....
Unequal Subclass Allocations Require Separate Representation: Structural Adequacy as a Prerequisite to Class-Settlement Approval I. Introduction In In re: Clearview AI, Inc. Consumer Privacy...
Homeowner’s Contents Become “Business Property” When Used to Operate a Rental/Event Venue, Triggering the $25,000 Sublimit Introduction In Wesley Gibson v. Chubb National Insurance Company (7th Cir....
Circumstantial Proof of Intent Suffices for Attempted CSC IV, and Consecutive Sentences with Abuse of an Incompetent Do Not Violate Guam’s Double Jeopardy Statutes I. Introduction In People of Guam...
Household-Control and Grooming Evidence as Admissible Rule 404(b) Proof of Motive/Plan in Child Sexual-Abuse Prosecutions Case: Steven Randall Marler v. The State of Wyoming Citation: 2026 WY 83...
Rule 4(b)(4) Without a Motion: Seventh Circuit Requires District-Court Good-Cause/Excusable-Neglect Finding Before Dismissing a Criminal Appeal Filed Within the 30-Day Extension Window 1....
State v. Barker (Kan. 2026): Invited Error Requires an Affirmative Omission/Refusal of Jury Instructions; Nonrequested Lesser-Included Instructions Are Reviewed for Clear Error Introduction In State...
State v. Ross: Kansas Preliminary Hearings Exclude Affirmative Defenses; K.S.A. 21-5109(d) Limits Only Multiple Convictions 1. Introduction In State v. Ross (Kan. July 17, 2026), the State appealed a...
Upward Variances Affirmed When District Courts Tie the Degree of Deviation to § 3553(a) and Reliably Supported Uncharged Conduct (Seventh Circuit) 1. Introduction United States v. Travis L. Withers...
Participation Without Reservation Waives Non‑Signatory Arbitrability Objections in Labor Arbitration Introduction Elmar Hotel Management, LLC v. Unite Here Local 1 (7th Cir. July 17, 2026) concerns...