Sixth Circuit: Youth and Rehabilitation Are Not “Extraordinary and Compelling” Grounds for Compassionate Release, and Sentencing Commission Policy Statements Cannot Override Circuit Statutory...
Rule 60(b)(4) Personal-Jurisdiction/Service Challenges Are Forfeited on Appeal if Not Raised in the Rule 60(b) Motion I. Introduction Roberts v. KJ Win, Incorporated arises from a December 2021...
FDA’s “Comparative-Efficacy” Test for Non-Tobacco-Flavored E-Cigarettes Is an APPH Adjudicatory Method, Not a § 387g Tobacco Product Standard I. Introduction In VDX Distro v. FDA (5th Cir. June 24,...
Noncommittal Lease Negotiations Are Immaterial (and Unreliably Reliable) as a Matter of Law for “Bet-the-Farm” Fraud Damages Case: Maya Walnut LLC f/k/a Maya Foods, Inc. v. Bryan Ly, Walnut Creek...
PCS-Cooperation Clauses Do Not Authorize Unilateral Relocation Under an Incorporated-Not-Merged Parenting Agreement 1. Introduction Matter of Liebetreu v. Sennett (2026 NY Slip Op 04075) arises from...
Isolated Prostitution-Related Misdemeanor by a Private Attorney, With Robust Mitigation and No Public-Trust Office, Warrants a Public Reprimand Under Prof.Cond.R. 8.4(h) 1. Introduction In Cleveland...
Revenue Purchase Agreements Are Not Usurious Loans Where Repayment Is Contingent: Reconciliation, No Finite Term, and No Bankruptcy Recourse Case: NewCo Capital Group LLC v SPE Trading, Inc. (App...
Texas TMLA Limitations: In Relationship-Based “Course of Treatment” Claims, the Two-Year Period Runs from the End of the Provider–Patient Relationship I. Introduction In Soren Aldaco v. Barbara Rose...
Limitations Is an Affirmative Defense to Private-Nuisance Injunctions; “No-Limitations-for-Abatement” Is Not a Blanket Rule Case: FAMILY DOLLAR STORES OF TEXAS, LLC, ARCP FDCCC1403 LLC, 7B BUILDING &...
No-Evidence Summary Judgment Specificity: Challenging the Sole Interference Element Is Sufficient Notice I. Introduction In Robert H. Crane v. Sasha Sturdivant Crane (Tex. June 26, 2026) (per...
Limiting Peeler: Independent Fee/Billing Claims Survive Without Exoneration; Third-Party Payor Standing for Direct Economic Loss I. Introduction In Amber Carden and William Duncan McGee v. Minton,...
Giving Legal Effect to “Clarifying” Orders: A Dissent’s Rule Against Treating Court Orders as Surplusage in Finality and Appellate-Jurisdiction Disputes I. Introduction This Supreme Court of Texas...
Independent Contractors Cannot Invoke the Necessary-Use Exception for Open-and-Obvious Jobsite Hazards I. Introduction In JMI Contractors, LLC v. Jose Manuel Medellin (Tex. June 26, 2026), the...
Limitations Bar Injunctions to Abate Nuisance Absent a Timely Cause of Action Introduction In FAMILY DOLLAR STORES OF TEXAS, LLC, ARCP FDCCC1403 LLC, 7B BUILDING & DEVELOPMENT, LLC, TRIPLE C...
TMLA Limitations: “Occurrence of the Tort” Requires Injury; Completion-of-Treatment Triggers When Injury Follows Treatment Case: Soren Aldaco v. Barbara Rose Wood and Three Oaks Counseling Group, LLC...
Multiple Plausible Statutory Readings Create a “Substantial Ground for Difference of Opinion” Under Texas CPRC § 51.014(d) Case: MCKESSON MEDICAL-SURGICAL INC. v. BRIAN CLEVELAND, INDIVIDUALLY AND ON...
Former Family Code § 161.001(b)(1)(O): Termination Cannot Rest on Vague Service-Plan Clauses, Post-Order Provider Recommendations, or Trivial Noncompliance Introduction In In the Interest of J.Z.A.,...
Late Access to Chapter 51 Examiner Reports Does Not Defeat Competency; Error Reviewed for Harmlessness I. Introduction In Outagamie County v. M.J.B., 2026 WI 23, the Supreme Court of Wisconsin...
Radiologist’s Limited Duty on Follow-Up Testing: No General Obligation to Recommend a Biopsy Absent an Assumed Duty Case: Rashada v Ahmed, 2026 NY Slip Op 04061 (App. Div., 4th Dep’t June 26, 2026)...
Grand Jury Integrity Standard: No Justification Charge Without Supporting Evidence; Prior-Conviction Element May Be Presented for Penal Law § 265.03 (3) 1. Introduction In People v Anderson (2026 NY...