Rule 23(f) Limits and No Pendent Review of FLSA Collective Certification Absent “Inextricably Intertwined” Issues Case: Hamm v. Ochsner-Acadia (5th Cir. Aug. 19, 2026) Court: United States Court of...
Comparative-Efficacy PMTA Denials Require APA Notice-and-Comment: Fifth Circuit Treats FDA’s ENDS Standard as a Substantive Rule Case: Lead by Sales, L.L.C. v. FDA (consolidated) Court: U.S. Court of...
Fifth Circuit: FDA’s Comparative-Efficacy Requirement for ENDS PMTAs Is a Substantive Rule Requiring APA Notice-and-Comment (Cannot Be Imposed via Informal Adjudication) I. Introduction Vapermate,...
Essential-Function and Reasonable-Accommodation Questions Under § 504 Are Generally for the Factfinder; RA Disparate-Impact Requires Comparative Proof Case: Carolyn Gardner v. Kutztown University (3d...
CAFA Local-Controversy “Significant Basis” Requires a Complaint-Focused, Comparative Conduct Analysis; Jurisdictional Remand Characterization Bars § 1291 Review 1. Introduction Parties and posture....
Claims-Made Coverage Barred by Unambiguous Prior-Knowledge Provision When Pre-Policy Events Create a Reasonable Basis to Expect a Claim Case: Meshinsky & Associates LLC v. Continental Casualty Co...
Plain-Language Enforcement of “Prior Knowledge” Provisions Bars Coverage Under Claims-Made Professional Liability Policies 1. Introduction In Meshinsky & Associates LLC v. Continental Casualty Co...
Rooker-Feldman and Eleventh Amendment Dismissals Must Be Without Prejudice Even When Other Claims Fail on the Merits 1. Introduction In Richard Silverberg v. DuPont De Nemours Inc. (Third Circuit,...
Renewal-Notice Clauses Apply Only to Insurer-Elected Nonrenewal, Not Insured’s Failure to Timely Accept a Renewal Offer Introduction In Virgin Grand Estates #60 Villa Association v. Inter-Ocean...
Bio-Lab, Inc. v. Tartt: Equitable Relief Requires a Cognizable Injury and Traditional Equity Prerequisites; Scope of Injunction in Federal Diversity Likely Governed by Federal Equity Court: Supreme...
Transferred Intent Sustains Malice Murder; Trial Concessions and Requested Charges Constitute Affirmative Waiver Simmons v. State Supreme Court of Georgia Decided: August 18, 2026 1. Introduction In...
Rule 11(b)(1)(O) Plain-Error Vacatur: Immigration Advisement Cannot Be Deemed Immaterial for Unlawfully Present Noncitizens Introduction In United States v. Andres Alvarado (11th Cir. Aug. 18, 2026)...
Single-RTO DFAX Studies May Establish “Deliverable into this State” for Noncontiguous Renewable Facilities under R.C. 4928.64(B)(3)(b) I. Introduction Case: In re Application of Moraine Wind, L.L.C.,...
Prison Policy Cannot Override Ohio Public Records Act Duties to Produce Disclosable Portions of an Inmate Master File Case: State ex rel. Harris v. Rasey, Slip Opinion No. 2026-Ohio-3104 (Ohio Aug....
Trust-Account Mismanagement and Negligent Compliance Misrepresentations Warrant a “Six Months and One Day” Suspension with Reinstatement Conditions 1. Introduction This attorney-discipline matter...
Robinson v. State (Del. 2026): Successive Rule 61 “Actual Innocence” Exception Requires Truly New, Non-Impeachment Evidence Likely to Change the Verdict 1. Introduction In Robinson v. State (Del....
Circumstantial Proof of “Concealment” for Delaware CCDW: Jury May Infer Concealment from Video Comparison 1. Introduction In Scott v. State (Del. Aug. 18, 2026), the Delaware Supreme Court affirmed...
Barker v. State: Appellate Non-Reviewability of “General Grounds” New-Trial Claims Absent Discretion Error; Jury-Disbelief Defeats Justification on Sufficiency Review 1. Introduction In Barker v....
Brittain v. State: A Prospective Juror’s Bare Statement “He’s Guilty” Does Not Require Striking the Entire Venire, and a 911 Call Is Admissible Under Rule 403 When It Probatively Explains the Crime...
Prior Domestic-Violence “Prior Difficulties” as Intrinsic Context Evidence in Homicide Trials (Rule 404(b) Bypassed) 1. Introduction In Collins v. State (Supreme Court of Georgia, Aug. 18, 2026),...