One Meaningful Chance to Amend: Shotgun Pleadings May Be Dismissed With Prejudice When Claims Remain Unidentifiable and Futile 1. Introduction In Isabel Del Pino Allen v. GEICO General Insurance...
Emergency-Room Care for Prisoners: Contractual Service Does Not Automatically Create § 1983 State Action, and EMTALA Requires Patient-Specific Proof of an Unstabilized Emergency Case: Victor Thomas...
Acosta v 22-12 Jackson Owner LLC: Expert Proof Can Establish Forklift Negligence as a Matter of Law, While Labor Law § 240(1) Liability Supports Conditional Contractual Indemnification 1)...
Trust Beneficiaries Lack Standing to Partition Undistributed Trust Real Property; No-Contest Clause Enforced Against Objections to Trustee Distribution Absent Probable Cause I. Introduction In...
36 O.S. § 3629(B) Prejudgment Interest Is Limited to the “Insured” and Unavailable to a Prevailing Insurer in an Inter-Insurer Coverage Dispute Case: GENERAL STAR INDEMNITY CO. v. HUDSON INSURANCE...
Indemnitee Status May Be Established by “Additional Insured” Listing in an Insurance/Indemnity Rider; Labor Law § 241(6) Turns on Whose Work Created the Code Violation Case: Almer v Summit Glory...
Expired Chapter 51 Recommitment Appeals Are Not Moot When Vacatur Would Remove Automatic Cost-of-Care Liability or Affect Firearm-Rights Restoration I. Introduction Case: Waukesha County v. R.D.T.,...
Board Certification Does Not Eliminate Idaho’s Local-Inquiry Foundation: Out-of-Area Experts Must Show a Local Consultant’s Actual Knowledge of the Defined Community Standard (and Those Admissibility...
Bedell v. Parsons: Deed-Listed Cotenant May Have 0% Ownership; Equal-Shares Presumption Cannot Be Resolved by Credibility-Weighing on Summary Judgment Court: Supreme Court of Idaho | Date: June 30,...
Forum Non Conveniens Permitted Despite Assumed Extraterritorial TVPA Civil Remedy; Punitive-Damages-Only Relief Can Make a Foreign Forum “Adequate” Case: Scarlett Pavlovich v. Neil Gaiman (7th Cir....
CAFA Home-State Exception: Remand Must Be Sought Within a Reasonable Time, and Salary-for-Leave “Vacation Buy” Is Not a Wage Assignment 1. Introduction Clayton Creason v. Elanco US Inc. arises from...
United States v. Turner: Waiver of PSR Drug-Quantity Objections Not Renewed at Sentencing and Harmlessness Where Guidelines Range Is Unchanged Introduction In United States v. Malaia Turner, the...
Taxpayer-Provided Comparable Rent Data Triggers Mandatory Income Approach for Commercial Condominiums Under § 15-8-111(5), MCA 1. Introduction O'Brien v. MT Dept. of Revenue, 2026 MT 132 (Mont. June...
Matter of M.F. (2026 MT 133): Post‑2023 “Reasonable Efforts” Are Not a Standalone Termination Element; No Trial Home Visit Required When Safety Conditions Persist 1. Introduction Matter of M.F. is a...
Decades-Old, Uncharged Prior Sexual-Abuse Allegations May Survive Rule 403 When Highly Similar and Offered for Non-Propensity Purposes; No Automatic Duty to Seek Contemporaneous Limiting Instructions...
Legislative “Random-Selection” Directives Do Not Supersede Montana’s Judicial Substitution Rule Absent Supreme Court Amendment Case: J. Williams v. G. Gianforte (2026 MT 131) | Court: Supreme Court...
Full Replacement Cost Restitution May Be the Price of a New Model When the Defendant Offers No Contrary Evidence 1. Introduction State v. T. Peterson (Mont. 2026 MT 129) arises from a break-in at Get...
Local Initiatives Cannot Create Countywide Land-Use Permitting Regimes Outside Title 76 (Treasure County v. Edlund) 1. Introduction In Treasure County v. Edlund, 2026 MT 134 (DA 25-0498), the Montana...
Silva v. State: Plain-Error Review Governs Unpreserved Sufficiency Claims in Rule 26(c) Appeals 1. Introduction In Silva v. State (Del. June 26, 2026), the Delaware Supreme Court considered a direct...
Procedural Due Process in Delaware Administrative Hearings: DOJ Counsel May Not Switch from Advocating for the Agency to Advising the Adjudicator in the Same Case I. Introduction Case: Fasano,...