Revenue Rule Does Not Bar Foreign Tax Authority’s Fraud Suit to Recover Refund Payments Where No Tax Was Owed 1. Introduction Skatteforvaltningen v. Markowitz (2d Cir. Aug. 31, 2026) is a bellwether...
Widespread Publicity as Constructive Discovery: Utah Fraud Claims May Be Time-Barred on a Rule 12(b)(6) Motion 1. Introduction In In re: THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS TITHING...
Firearms Are Possessed “In Connection With” Another Felony When They Are Part of a Plan-to-Harm Scheme and Embolden Its Execution Introduction United States v. Dutton (10th Cir. Aug. 31, 2026) is a...
Interlocutory Appeals Require Explicit Designation of Each Appealable Order Under FRAP 3(c)(1)(B); “Merger” Does Not Save an Omitted Preliminary-Injunction Order Case: Utah Vapor Business Association...
Quasi-Judicial Immunity Is Personal-Only; Rule 32 “Other Copying” Fees Must Conform to I.C. § 74-102(10) Introduction In BRYAN D. SMITH v. CHRIS POULTER IN HIS CAPACITY AS BONNEVILLE COUNTY CLERK,...
APA Review of ESA Fishery Rules: Substantial Evidence and Notice-and-Comment Limits on Post‑Hoc Data Case: LA Shrimp Association v. Lutnick (5th Cir. Aug. 28, 2026) (unpublished) Court: United States...
Cisco Closes the Sosa Door: Alien Tort Statute Claims Limited to the “Blackstone Three” 1. Introduction In Suhail Al Shimari v. CACI Premier Technology, Inc., No. 25-1043 (4th Cir. Aug. 28, 2026)...
IDEA Initial Evaluations Require All-or-Nothing Parental Consent; No FAPE Duty (and Duplicative ADA Relief) Without Consent I. Introduction In M. v. Aledo Independent School District (5th Cir. Aug....
Ambiguous Intoxication and Self-Inflicted Head Strikes: Qualified Immunity Absent Clearly Established Duty to Obtain Medical Care Introduction Pena v. Starr County, Texas (5th Cir. Aug. 28, 2026)...
HRS § 12-8 as the Exclusive Pre‑Election Vehicle for Candidate-Eligibility Disputes; “Elected To” Term Limits Count Fixed Charter Terms Despite Delayed Swearing-In 1. Introduction Iwasa v. Nago...
Davis § 924(c) General Verdicts Are Reviewed for Brecht Harmless Error (Not the Categorical Approach) and COAs Do Not Lie for Remedy-Choice Complaints Without a Constitutional Hook 1. Introduction...
Mass-Shooting Negligence Claims Trigger Assault-and-Battery Sublimits; Settlement Paying the Sublimit Exhausts Coverage and Ends the Insurer’s Defense Duty Introduction Case: James River Insurance...
Emergency-Aid Seizures for Mental-Health Crises Are Judged Objectively (Not by Officer Motive), and Speculative “Muted Bodycam” Theories Cannot Defeat Qualified Immunity at the Pleading Stage Case:...
Conceding ACCA Applicability at Sentencing “Invites” Predicate-Classification Error; Post-Erlinger Plain-Error Relief Requires Showing a Real Chance a Jury Would Find a Single Occasion Introduction...
Waiver and Invited-Error Limits on the “Malfunction Theory” in Massachusetts Product-Fire Cases Case: Citation Insurance Company v. Broan-NuTone LLC Court: United States Court of Appeals for the...
§ 666’s $5,000 “Transactional Element” May Be Proven by the Bribe-Giver’s Valuation Corroborated by Objective Indicia When Both Benefit and Bribe Are Intangible Case: United States v. Velez-Ramirez...
Rule 702 Requires Field-Specific Expertise: A Treating Surgeon’s Product Use Cannot Supply Design/Manufacturing Causation; Georgia Negligent Manufacturing Needs More Than a Malfunction Introduction...
“Apparent Conflict” Limits: No DOT–VE Conflict Where Security Guard DOT Excludes Heights/Machinery and Claimant Relies on a “Rabbit Trail” of Definitions 1. Introduction In Robert Battle v. Social...
Eleventh Amendment Sovereign Immunity Requires Dismissal Without Prejudice of ADA Title I (and Derivative Title V) Claims Against State University Boards; Ex parte Young Relief Unavailable Against...
Objective Probable Cause Sustains a “Pretext” Traffic Stop and Rule 403 Permits Drug-Handling Phone Videos to Prove Constructive Possession and Maintaining a Drug Premises Case: United States v....