Lost-Note Foreclosures: Summary Judgment Requires Competent, Nonconclusory Secondary Evidence of Debt Ownership Case: Wilmington Savings Fund Society, FSB v. Schulz (SC 21065) Court: Supreme Court of...
Retroactive Enforcement of Iowa Code § 147.140: A Certificate of Merit Must Be Signed Under Oath or Penalty of Perjury and Noncompliance Requires Dismissal With Prejudice 1. Introduction In Michelle...
Implicit Rejection Preserves Error in Workers’ Compensation Appeals; Employers Not Bound by Their Treating Physician’s Causation Opinion Case: Jerry Hayes v. Christian Retirement Homes, Inc., d/b/a...
Wyldes v. State: Postconviction “New Science” Challenges to Firearm Toolmark and Shoeprint Evidence Require Proof of a Probably Different Verdict 1. Introduction In Donald Lee Wyldes, Jr. v. State of...
No Improper Delegation of Juvenile Visitation Decisions Absent an Express Order; Denial of Abuse Supports Best-Interests Termination I. Introduction In re Interest of Bosileo D. et al., 321 Neb. 490...
Generalized Mental-Health Allegations Do Not Warrant a Postconviction Competency Hearing Absent Facts Showing Probable Incompetence Case: State v. Kellogg, 321 Neb. 502 (Neb. May 29, 2026) | Court:...
State v. Rohena: Independent-Source Admission of In-Court Identifications After a Suppressed Out-of-Court Identification (Especially Where the Witness Is Familiar with the Defendant) Supreme Court of...
Iowa Savings Statute Applies After Voluntary Dismissal Triggered by Post-Miller Certificate-of-Merit Defect Absent Negligence 1. Introduction Case: Michael Trask v. Amar F. Ahmed, M.D.; Sandro...
Habitual Offender Enhancement Under Iowa Code § 902.8 Depends on Two Prior Convictions—Hollins Sequencing Limited to Same‑Day Convictions 1. Introduction State of Iowa v. Richard Allen Sharples...
Iowa: Certificate of Merit Not Required for Informed-Consent Claims Under Iowa Code § 147.140 Case: Margaret Lofgren, both individually and as administrator of the Estate of Louden P. Lofgren v....
No Per Se Quantitative-Dose Requirement for General Causation in Fifth Circuit Toxic-Tort Cases—But Experts Must Link the Plaintiff’s Exposure to a Specific Causal Agent and the Specific Cancer Case:...
Express Reopening Conditions Govern Administrative Closures: Only a Transfer “Out Of” the Facility Triggers Reopening I. Introduction In Vreeland v. Jacobson (10th Cir. May 27, 2026), a Colorado...
Delegated Arbitrability Binds Courts: Arbitrator May Permit Litigation of Non-Signatory Tort Claims Absent an Arbitration Agreement Case: SJH 11 LLC v. Dowbuilt, Inc. (No. 25-8037) — United States...
Nonappealability of Mediation-Deferral Orders that Deny Immunity Motions Without Prejudice and Suspend Litigation Burdens (28 U.S.C. § 1291) I. Introduction Lopez v. Ramirez (5th Cir. May 27, 2026)...
USSG § 2K2.1(a)(3) Large-Capacity Magazine Enhancement Applies Without Knowledge; Lack of Knowledge Is Only Mitigation for § 3553(a) I. Introduction Case: United States v. Travis Lee Morgan (Fourth...
Waiver of State Jury-Trial Claims in Agency Enforcement and Deference to Preclusive Agency Factfinding in Excessive-Fines Review I. Introduction SmartEnergy Holdings, LLC v. Frederick Hoover (4th...
Bowman Wrongful-Discharge Claims Must Rest on an Explicit Virginia Statute (Not a Regulation), and VWPA Protection Requires Reporting a Legal Violation (Not Merely “Inappropriate” Conduct) I....
Fourth Circuit: No Federal Jurisdiction for Post-Judgment Veil-Piercing to Collect WARN Act/ERISA Money Judgments from Nonparties 1. Introduction Tony Messer and other former employees of Bristol...
Third Circuit Reaffirms Enforcement of Broad Plea-Agreement Appellate Waivers Absent a “Miscarriage of Justice” Introduction In United States v. Leroy Roebuck, Jr. (3d Cir. May 27, 2026), the Court...
Third Circuit: Unpreserved Public-Trial Violations from COVID-Era Closures and Spectator Exclusions May Not Merit Reversal Under Plain-Error Prong Four Case: United States v. Kareem Harry (with...