COA Denied for Waived § 2254 Evidentiary Claims Raised Outside the Petition or Oitted from the COA Application Introduction In Cales v. The State of New Mexico (10th Cir. Aug. 5, 2026), Ivan Dennings...
Contract-Based “Express Consent” Defeats TCPA Autodial/Prerecorded-Call Claims; TILA Disclosure Claims Accrue at Contracting Absent New Credit Introduction Thigpen v. Westlake Services, LLC (10th...
Second Circuit: Compelled Disclosure of Third-Party Customer Data Is Outside Zauderer and Invalid Absent a Reasonable Central Hudson Fit 1. Introduction In DoorDash, Inc. v. City of New York (2d Cir....
Wild Fish Are Not “Property” Under the False Claims Act; Unassessed AFA Penalties Are Not an FCA “Obligation” Case: United States Ex Rel. Chiles v. Cooke Inc. (2d Cir. Aug. 5, 2026) Posture: Appeal...
Construction Managers Seeking Labor Law § 200 Summary Judgment Must Negate Delegated Control and Constructive Notice 1. Introduction In Vasquez v 1719 27 ST, LLC (2026 NY Slip Op 04894 [2d Dept Aug....
Patterned Escrow Misappropriation, Willful Ignorance, and Personal Benefit Support a Five-Year Suspension (Matter of Kunstlinger) Case: Matter of Kunstlinger, 2026 NY Slip Op 04857 (App Div, 2d Dept,...
No Delegation Where Court Declines to Schedule Parental Access: “Permit the Children to Visit if They So Desire” Construed as a Protective Directive 1. Introduction Matter of Ghokassian v....
Matter of Galloway: Pattern of Client Neglect, Misrepresentation, and Noncooperation Warrants a Three-Year Suspension 1. Introduction Matter of Galloway (2026 NY Slip Op 04853) is an attorney...
Retiree Health-Insurance Contributions in Individual Employment Contracts: No Implied “Retire Directly From the District” or Durational Limitation Absent Contract Language Case: Krouskoff v...
Armstrong v. Dumbo Lofts Rental, LLC: No “Reliance” Showing Needed for Fraudulent Deregulation Scheme Claims; Conclusory Owner Proof Cannot Win Summary Judgment 1. Introduction Armstrong v Dumbo...
Mandatory Dismissal of Untimely Unemployment Appeals: No ULJ Discretion to Excuse Late Filing Under Minn. Stat. §§ 268.101, subd. 2(f) and 268.105, subd. 1a(c) 1. Introduction In Jordan L. Oslund v....
Recoupment Extinguishes a Mechanic’s Lien (and § 514.14 Fees) When Negligent-Construction Damages Exceed the Lien Case: Sustainable 9, LLC d/b/a Sustainable 9 Design + Build v. Jacqueline Coleman,...
Receiver Quasi‑Judicial Immunity Is Motive‑Blind When Acts Fall Within the Receivership Scope Case: Seven Acquisition LLC v. Gregg Williams (Minn. Aug. 5, 2026) Court: Supreme Court of Minnesota...
Section 1926(b) Protection Requires Timely, Responsive Service After a Request—Years of Inaction Defeat “Made Available” 1. Introduction Dupont Water Company, Inc. v. City of Madison, Indiana (7th...
Viewpoint-Based Moderation of Open Municipal Website Comment Sections Is Clearly Unconstitutional (No Qualified Immunity) Case: Elizabeth Schulte v. Kenneth J. Leners and Town of Cedar Lake,...
United States v. Pena: Waiver of Rule 32.1 Revocation Protections by Electing to Proceed, and Mandatory Specificity for “Risk-Notification” Supervised-Release Conditions Court: U.S. Court of Appeals...
Independent Counsel Under Illinois Law Requires an Actual Insurer–Insured Conflict (Not Mere Co‑Insured Adversity) Case: Consolidated Chassis Management LLC v. Northland Insurance Company Court:...
Cross-Drug Rule 404(b) Evidence Is Inadmissible When It Depends on “Drug Dealer” Propensity; Limited Closing-Rebuttal Framing Is Not a Griffin Comment Introduction United States v. Miguel A....
Actual Insurer–Insured Conflict (Not Mere Co-Insured Adversity) Required to Compel Insurer-Funded Independent Counsel Under Illinois Law Case: Consolidated Chassis Management LLC v. Northland...
Eleventh Circuit: 18 U.S.C. § 951’s Agent-Notification Duty Is Content-Neutral (Intermediate Scrutiny) and “Direction” Means Guidance, Not Control 1. Introduction United States v. Augustus C. Romain,...