Retrial After a Fundamentally Defective First Trial Is Not Barred by Double Jeopardy When the First-Trial Evidence Was Legally Sufficient Introduction In People v Hoffler (2026 NY Slip Op 04004), the...
Joint Legal Custody Preserved, But One Parent May Receive Tie-Breaking Authority After Good-Faith Impasse Introduction In Matter of Alyssa P. v Jeffrey P. (2026 NY Slip Op 04017), the Appellate...
Statutory Zoning Appeal Is the Exclusive Remedy for Procedural and Conflict-of-Interest Challenges to County Rezoning Decisions 1. Introduction Case: Danduran v. Eddy Cty. Zoning Bd., 2026 ND 125...
People v. Trowell — Search-Warrant Particularity in Multi-Unit Buildings: Apartment-Number Omission Not Fatal Where Target Premises Are Otherwise Identifiable 1. Introduction In People v Trowell...
Prospective Suspension of Pendente Lite Child Support for Parental Alienation Under Judge-Made Law (Not DRL § 241) 1. Introduction Rosenfeld v Rosenfeld (2026 NY Slip Op 04048 [1st Dept June 25,...
Rule 60(b)(1) Cannot Reopen Jurisdictional Findings After the Time to Appeal, or Serve as a Vehicle to Relitigate Admiralty Jurisdiction Introduction Thibodeaux v. Bernhard (5th Cir. June 22, 2026)...
Fifth Circuit Narrows “Benefits-on-Pause” Threat Theory and Reaffirms Limits on Animus Inferences and Election-Order Review I. Introduction Starbucks Corporation petitioned for review of an order of...
Addressing the “Central Thesis” of Mitigation Suffices for Procedural Reasonableness of an Upward-Variance Sentence Introduction In United States v. Kovacs Kieron Troutman (4th Cir. June 23, 2026)...
Peacock Applied to WARN Act and ERISA: No Federal Jurisdiction for Post‑Judgment Veil‑Piercing Against a Non‑Liable Third Party I. Introduction Tony Messer v. Garrison Investment Group, LP is a...
“Derivations” in Patent Royalty Definitions Require Origin-Lineage, Not Mere Shared Source Code (Virginia Contract Law) Case: Vir2us, Inc. v. Sophos Inc. (4th Cir. June 23, 2026) (unpublished) | Law:...
Rumor-Based Cartel Fear and Long-Past Family Harm Do Not Establish Withholding/CAT, and Economic/IEP Concerns Do Not Meet “Exceptional and Extremely Unusual Hardship” I. Introduction In Manjel Arturo...
Flight-Discarded Contraband Is Abandoned (and Public Surveillance Footage Is Independently Sourced) Even If the Later Detention Is Unlawful Introduction In United States v. Kendre Cain (3d Cir. June...
Documentation-Driven UIM Claim Valuation Constitutes a “Reasonable Basis” That Defeats Pennsylvania Bad-Faith Liability Under 42 Pa. C.S. § 8371 1. Introduction In Jenna Ockford v. Encompass...
ERISA Prudence in the Third Circuit: A Prudent Monitoring Process Defeats Underperformance Claims at Summary Judgment I. Introduction Lawanda Lasha House Johnson, et al. v. Quest Diagnostics Inc., et...
Second Circuit: 18 U.S.C. § 1201(a)(1) “Death Results” Requires But-For Causation, Not Proximate Cause 1. Introduction In United States v. Parks (2d Cir. June 24, 2026), Edward Michael Parks appealed...
Referral Specialists Are Not State Actors Absent State Control: Seventh Circuit Reaffirms Limits of § 1983 Liability for Private Prisoner Care 1. Introduction In Denon Taylor v. Samuel Byrd (7th Cir....
Seventh Circuit Tightens TCPA Vicarious Liability: Subagency Requires Authority at Each Delegation Level; Treble Damages Require Knowing or Reckless Violations I. Introduction Parties. Robert...
Dismissal of a Mis-Pleaded “Genericness” Affirmative Defense Does Not Bar Merits Review of Trademark Distinctiveness; Non-Generic Use Evidence Cannot Be Discarded Based on Market Uniqueness Case:...
Functional Permanency Under the PLRA: Systemwide Mental-Health Injunctions Are Appealable and Must Be Narrowly Tailored to the Constitutional Floor 1) Introduction This Eleventh Circuit decision...
Upward Variances Require Specific, Case-Linked Explanations Under 18 U.S.C. § 3553(c)(2) Case: United States v. Maggie Moore (11th Cir. June 24, 2026) (per curiam) (not for publication) Topic:...