Conflict-of-Interest Malpractice Requires Pleading a Colorable Lost Claim and Statute-of-Limitations Causation 1. Introduction Amanda Sima v. Benesch, Friedlander, Coplan & Aronoff LLP and Justin...
A Verbal Dispute and a Single Missed Swing Are Insufficient “Notice” of a High-Degree Risk Under the Fourteenth Amendment Failure-to-Protect Standard 1. Introduction Randy Talley v. Carl Gloede (7th...
Routine Yard Maintenance Does Not Establish “Notorious” Possession, and Renting the Record Lot Makes Use Permissive—Defeating Nebraska Adverse Possession Introduction In Kortmeyer v. Hendrix, 322...
Fifth Circuit Adopts a “Transmit Requirement” for Public Display Claims and Holds URLs May Qualify as DMCA CMI Only When They Clearly Convey Statutory Identifiers Introduction In Emmerich Newspapers,...
APA Notice-and-Comment Defects in FDA Drug-Shortage Delistings Require a Showing of Prejudice (and Tirzepatide’s Delisting Survives Arbitrary-and-Capricious Review) 1. Introduction Outsourcing...
Pure Self-Defense Only Negates Criminal-Discharge Predicate Felony Murder; “Light Most Favorable” Applies Even to Unrequested Instructions Introduction State v. Banks is a direct appeal from Sedgwick...
New Rule Confirmed: DNR May Require Annual Rent on Expired Oil & Gas Leases During Pending Unitization Applications/Appeals, and Nonpayment Validly Terminates Leases—Rendering Related Unitization...
State v. Cavitt: Kidnapping “Facilitation” Returns to the Statute—State v. Buggs Overruled Introduction In State v. Cavitt (Kan. Aug. 28, 2026), the Kansas Supreme Court affirmed Shannon Berry Cavitt...
Successive K.S.A. 21-2512 DNA Petitions: “At Any Time” Means Not Barred by Res Judicata When New Grounds Are Raised, but Retesting Requires Specific “New Technique” Pleading and Testing Still Must Be...
Harmless-Error Validation of FDA Drug-Shortage Delisting Without Notice-and-Comment When Stakeholders Had Actual Notice and a Meaningful Opportunity to Submit Evidence 1. Introduction Outsourcing...
Clerical Misstatement on DMV Medical Review Form by Treating Physician Sounds in Ordinary Negligence (3-Year Limitations Period), Not Medical Malpractice I. Introduction Case: Lafferty v Avila, 2026...
No-Action Clause Voting Rights Turn on Outstanding Certificate Principal Balance—Physical Possession of “Worthless” RMBS Certificates Does Not Confer Standing 1. Introduction In Matter of HBK Master...
People v. Hazlett: The California Racial Justice Act Does Not Reach Peremptory Challenges (and Race-Inflected Trial Themes Require Prejudicial Effect for Relief) Supreme Court of California — August...
Matter of Chen: Federal Felony Convictions Without “Essential Similarity” Do Not Trigger Automatic Disbarment on a Thin Record, But Still Support Disbarment as “Serious Crimes” Introduction Matter of...
One Misstep Cannot Justify Wholesale Denial of Grandparent Visitation; Individualized Best-Interests Review Required 1. Introduction Matter of Debbra L. v Jenna L. (2026 NY Slip Op 05135, 3d Dept...
People v. Guilbault: Typographical Errors in Indictment Waivers and Nonessential Omissions Do Not Create SCI Jurisdictional Defects; Plea Stands Where the Bargained-For Maximum Exposure Is Preserved...
Smith v. State: Superior Court’s Near-Complete Discretion to Depart from Nonbinding SENTAC Guidelines (Aggravators Are Nonexclusive) 1. Introduction In Smith v. State (Del. Aug. 27, 2026), the...
Florida Appellate Rule Amendments Establish “Petition-Only” Service on Order-Issuing Officials Unless They Elect Further Service 1. Introduction In In Re: Amendments to Florida Rules of Appellate...
Deliberate Design May Be Inferred from Repeated Shooting and Reloading; Invited-Error Bar for Omitted Lesser-Included Homicide Instruction 1. Introduction In White v. State of Mississippi (Miss. Aug....
COVID-19 Emergency Immunity Requires a Proven Causal Nexus to the Alleged Negligent Act or Omission Case: Bush v. Marion General Hospital (Supreme Court of Mississippi, Aug. 27, 2026) | Disposition:...