Good-Faith Reliance Upheld Despite Conceded Lack of Probable Cause Where Affidavit Shows a “Minimally Sufficient Nexus” and No Evidence of Systemic Negligence I. Introduction In United States v....
Forum-Rate Presumption in TILA Fee Awards: Laffey Rates Require a Specific Necessity Showing (Except for Necessary Out-of-Town Specialists) I. Introduction In William Klopfenstein v. Fifth Third Bank...
Probable-Cause Presumption Bars Malicious Prosecution Absent Improper Evidence, and Prosecutor’s Later Charge Amendment Is Not Attributable Without Defendant Involvement Introduction In Johnathan...
Recipient Testimony Plus Distinctive Context Can Authenticate Messenger Messages and Sustain an RFA-Violation Conviction 1. Introduction State v. Jeremy Amidon (Vt. Sup. Ct., June 5, 2026) arises...
Monthly-Rent Residential Leases Are Not “Agreements to Defer Payment” Under WIS. STAT. § 427.104; § 100.20(5) Requires Proved, Causally Linked Pecuniary Loss 1. Introduction Case: Koble Investments...
Vermont Reaffirms No Duty to Child Trespassers; Attractive-Nuisance Change Reserved to the Legislature 1. Introduction In Ian Treadway v. Green Mountain Power Corporation (2026 VT 20), the Vermont...
In re W.M.: Termination Affirmed Despite Mental-Health Medication Nonadherence Where Services Were Extensive and Parenting Capacity Stagnated 1. Introduction Case: In re W.M., Juvenile (C.M.,...
Maintenance Must Be Based on Accurate, Current Income Findings; Clearly Erroneous Income Findings Require Remand and May Reopen Property Division Anne Goodrich v. Jeffrey Goodrich, Vermont Supreme...
Refusal to Permit DCF Assessment and Safety Planning, Combined with Substance-Use Indicators and Unsafe Caregivers, Supports CHINS Risk-of-Harm Finding 1. Introduction Case: In re L.M., L.M., L.M.,...
Constructive Visitation Alone Does Not Defeat Termination: Refusal to Cooperate with Home/Safety Assessment and Substance-Use Evaluation Supports “Stagnation” and Best-Interests Findings Case: In re...
Disruptive Civil Litigants May Forfeit the Due-Process Right to Be Present at Trial After Warnings (Abuse-of-Discretion Review) 1. Introduction In Dion K. Humphrey v. Robert K. Reges, Jr. and Mala J....
Transcripts + Plea Admissions Can Sustain U.S.S.G. § 2D1.1(b)(2) “Credible Threat” Enhancement Under the Low Sentencing-Reliability Threshold I. Introduction In United States v. Jerry Baker (6th Cir....
Ordinary Financial and Emotional Consequences—Plus Speculative Spousal Depression—Do Not Establish “Exceptional and Extremely Unusual Hardship” for Non-LPR Cancellation 1. Introduction Isidro...
High-Speed Pursuits Triggered by Sudden Flight: State-Created-Danger Liability Requires Intent to Harm, and the “Culpability Clock” Starts When the Suspect Flees 1. Introduction Neal Miller v. Joseph...
Exhibit-Listed Retirement Accounts Remain Subject to a Postnuptial Retirement Division Formula Introduction In Andrea K. Smerski f/k/a Andrea K. Lemon v. Darren M. Lemon, 2026 WY 61 (June 4, 2026),...
Wyoming Rule 55(c) “Good Cause” Requires a Clearly Articulated Rule 60(b) Ground and Cogent, Cited Argument—Courts Need Not Supply Missing Analysis I. Introduction Case: Josiah Moran, Conservator of...
Implicit Denial of Qualified Immunity: Silent Orders That Let Litigation Proceed Are Immediately Appealable Wertenbroch v. Hardeman Court of Appeals for the Fifth Circuit (June 3, 2026) I....
Louisiana Marijuana Predicates (Including Hemp) Do Not Support Career-Offender Status Under U.S.S.G. § 4B1.1 When Broader Than the CSA 1. Introduction In United States v. Kimmons (5th Cir. June 3,...
Clean Water Act Citizen Suits: No Presumption of Irreparable Harm and No “Public Harm” Substitution Under Winter Case: West Virginia Rivers Coalition, Inc. v. The Chemours Company FC, LLC Court:...
Interstate “Resupply” Drug Transport as Relevant Conduct Under U.S.S.G. § 1B1.3(a)(2) 1. Introduction United States v. James France (3d Cir. June 3, 2026) addresses a recurring federal sentencing...