Commonwealth v. Mahoney: Appellate Courts May Not Invent Hypotheses of Innocence or Reweigh Circumstantial Evidence in Principal-in-the-Second-Degree Cases 1. Introduction In Commonwealth v. Mahoney...
FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd.: ICA §47(b) Does Not Imply a Private Right to Sue for Rescission 1. Introduction Case: FS Credit Opportunities Corp. et al. v. Saba...
Westfall Act Immunity Is Claim-by-Claim (Not Suit-Wide) and Civil Fifth-Amendment Silence May Support Adverse Inferences in Scope-of-Employment Hearings I. Introduction Trey Cholewa v. United States...
Pre-Chiaverini Qualified Immunity in the Sixth Circuit: If Any One Charge Had Probable Cause, a § 1983 Malicious-Prosecution Claim Fails 1. Introduction In Phillip Atsas v. Matthew Bowen (6th Cir....
Attorney Discipline Bias Claims: Henderson Not Extended; Disbarment for Submitting False Evidence to ODC Case: In re Disciplinary Proc. Against Feyissa (Wash. June 11, 2026) Court: Supreme Court of...
Verduzco v. King County: Ambiguous WLAD “Adverse Employment Action” Instruction Is Misleading but Not Reversible Absent Proven Prejudice 1. Introduction In Verduzco v. King County (Wash. June 11,...
State v. Montgomery (2026 N.H. 24): Severance Required Where Joinder Creates Propensity-Risk, and “Intrinsic” Evidence Has Narrow Limits Introduction In State v. Montgomery, 2026 N.H. 24 (N.H. June...
Pretrial Self-Defense Immunity Under SDCL 22-18-4.8 Is Moot After Conviction: The Bendel Rule 1. Introduction In State v. Bendel, 2026 S.D. 35, the Supreme Court of South Dakota addressed a homicide...
“When Required” Means Sometimes Not Required: Traffic Stops Cannot Rest on Objectively Unreasonable Mistakes of South Dakota Turn-Signal Law (SDCL 32-26-18.1 & 32-26-22) Introduction In State v....
Woodbury (Fla. 2026): Procedural Bars and Preservation Apply Fully to Pro Se Capital Defendants; Brady Pleading Must Allege Defense Unavailability; No IAC Claim Against Standby Counsel I....
Mandatory Jurisdictional Statements and Issue-by-Issue Standards of Review in Florida Initial Briefs Case: In Re: Amendments to Florida Rules of Appellate Procedure Court: Supreme Court of Florida...
Seventh Circuit: Rule 11 “Persist” Omission Not Plain Error When Otherwise Conveyed; Completed Hobbs Act Robbery Remains a § 924(c) Crime of Violence Post-Borden Introduction In United States v....
Eleventh Circuit Certifies Opioid-Litigation Coverage Questions on “Damages Because of Bodily Injury” to Georgia and Florida Supreme Courts I. Introduction In Allied Property & Casualty Insurance...
CAT Relief in the Fifth Circuit: “Acquiescence” Is Not Required When Torture Is Inflicted Under Color of Law I. Introduction Vasquez-Barrera v. Blanche (5th Cir. June 10, 2026) concerns a bisexual...
Controlled Affiliate Is Not a “Third Party,” and a Time-Limited SPE Cannot “Assume” a 99-Year Ground Lease Under § 19 Estoppel Release Language Case: Rock Spring Plaza, II, LLC v. Investors Warranty...
UCFA § 2904(b) Supersedes CAJTA § 4302(d): Contribution After Arbitration/Settlement and Interest Only After Apportionment Judgment I. Introduction Telesource CNMI, Inc. v. SSFM International, Inc.,...
Particularized “Necessity” for Title III Wiretaps: Detailed Limits of Traditional Techniques and Surveillance-Evasion Facts Suffice I. Introduction In United States v. Medina (10th Cir. June 11,...
Tenth Circuit: Major Upward Variance in Child Sex-Trafficking Conspiracy Affirmed; District Courts May Reconsider Guideline-Accounted Facts Under § 3553(a) Absent Evidence of Bias Introduction In...
Data-Breach Standing in the First Circuit: Actual Misuse Can Be Injury-in-Fact, but Traceability Requires Plausible, Nonconclusory Facts Linking the Misuse to the Breach I. Introduction In...
Crawford v. Salve Regina University: Pleading-Stage “Nexus to Decisionmakers” Requirement for Discrimination/Hostile Environment Claims in Faculty Termination Cases Introduction In Crawford v. Salve...