COVID-19 Is Not “Direct Physical Loss or Damage” Without Material Alteration or Complete Dispossession; Declaratory-Judgment Dismissals Must Be Converted to Declarations for Defendants I....
CPLR 3211(e) Single-Motion Bar: A Later CPLR 3211(a)(1) and (7) Attack Cannot Be Added Without a Sufficient Reason Case: Gruber v Donaldsons, Inc., 2026 NY Slip Op 04182 (App Div, 2d Dept July 1,...
Initial-Custody Relocation Treated as a Best-Interests Factor; Long-Distance Access Must Be Practicable, Specific, and Cost-Allocated by Economic Realities Case: Matter of Carrington v. Pepitone,...
Unapportioned NRCP 68 Offers and the Limits of Tortious Good-Faith Claims: Common Settlement Authority, Contract Privity, and Compensatory-Damages Prerequisites for Punitive Awards 1. Introduction...
Building Code Duties Do Not Authorize Unlicensed Entry onto an Adjoining Owner’s Property (and Courts May Not Sua Sponte Convert Trespass Actions into RPAPL 881 Proceedings) Case: Rennie-Walker v...
Post-Mandate Finality in Kansas Capital Cases: Mandate Rule Bars Resentencing and Post-Mandate Unassigned-Error Review; Alternative Counts Merge into One Sentence I. Introduction State v. J. Carr...
Post-Mandate Finality in Capital Appeals—No Resentencing or New “Unassigned Error” Review; Alternative Counts Merge to One Sentence 1. Introduction State v. R. Carr (consolidated with State v....
Nonlawyer Business Owners Cannot Litigate Entity Claims Pro Se; Whistleblower/False Claims Theories Require Proper Status, Government Nexus, and Timely Pleading Introduction In McCaul v. Wells Fargo...
Particularized Suspicion to Expand a Traffic Stop into DUI Testing; Waiver of Unpreserved Independent Blood Test Claims Introduction In State v. L. Johnson (2026 MT 138N), the Montana Supreme Court...
Unauthorized Partner Consent Cannot Create Personal Jurisdiction Over an Out-of-State Partnership (Rule 60(b)(4) Vacatur of Domesticated Foreign Judgment) Case: In the Matter of the Estate of Ann...
Rule 12 Forfeiture Bars Post‑Trial “Prolonged Stop” Suppression Theories; Certified Dog Alerts Supply Probable Cause Despite No Drugs Found Case: United States v. Deangelo Banks Court: U.S. Court of...
Garner Clearly Establishes Deadly-Force Limits for Taser Use on Vulnerable Terrain; Qualified Immunity Not Forfeited When Raised at Trial I. Introduction Keith Edwards v. Officer J. Grubbs (11th Cir....
Qualified Immunity May Be Asserted at Trial When Pleaded; Garner Clearly Establishes Deadly-Force Limits for Taser Deployment on Dangerous Terrain I. Introduction In Keith Edwards v. Officer J....
Mitigation Bars Expanded Construction-Defect Damages When No-Cost Cure Is Refused; Correctability Does Not Excuse Defective Work Introduction Lorenz v. Williams (Mont. Sup. Ct. June 30, 2026, 2026 MT...
Relocation Parenting-Plan Orders Do Not Infringe the Right to Travel When They Only Determine the Child’s Residence Based on Best Interests Case: Parenting of A.L.W., 2026 MT 139N (Mont. June 30,...
Relocation Orders and the Right to Travel: Child May Remain in Montana Where Best Interests and Statutory Relocation Factors Support Primary Residence with the Nonmoving Parent 1. Introduction In re...
Mandatory DUI Minimum Fines After Cole: Imposition Required, Ability-to-Pay Findings Required, and Suspension Permitted 1. Introduction State v. T. Hagberg (2026 MT 135) is a Montana Supreme Court...
Compassionate Release Under U.S.S.G. § 1B1.13(b)(6) Requires 10 Years Served; Dropped State Charges Do Not Qualify as “Other Reasons” Under § 1B1.13(b)(5) I. Introduction In United States v. Phillip...
Oral Pronouncement Controls Over a More Restrictive Written Supervised-Release Internet Ban Introduction In United States v. Robert Purbeck (11th Cir. June 30, 2026) (unpublished), the Eleventh...
Good-Faith Reliance Saves Broad Provider Email Warrants; Government Review Permitted When Coextensive with a Provider’s CSAM Hash Search Case: United States v. Gregory Allen Williamson (11th Cir....