Agency-Consent Jurisdiction Bar in New York Agency Adoptions: No Best-Interests Hearing After Consent Is Withdrawn I. Introduction Matter of Aurora A. (Leigh A.--Giuseppe A.) (2026 NY Slip Op 04500)...
Pre-Answer Pleading in New York: Alter-Ego Liability and Unjust Enrichment May Proceed, While Duplicative Tort/Accounting and Unsupported Constructive Trust Claims Are Dismissed 1. Introduction In...
Nonprejudicial Motion-Paper Defects Must Not Eclipse Merits Under CPLR 2001; Alter-Ego and Unjust-Enrichment Claims Survive, but Constructive-Trust and Contract-Duplicative Claims Do Not 1....
Post-Prince/Watson Anders Dismissals: § 922(g)(1) Challenges Are Frivolous for Drug-Delivery Felons and Scrivener’s-Error Indictment Fixes Are Permissible 1. Introduction In United States v. James...
Eleventh Circuit Reaffirms the “Same Sentence” Harmless-Error Rule for Alleged Guidelines Miscalculations 1. Introduction In United States v. Jerelle Jones (11th Cir. July 23, 2026) (per curiam) (not...
“Different Location” for Abduction Includes Forcing a Victim from a Room to a Getaway Car; Carjacking “Presence” Satisfied by Nearby Accessible Vehicle Under Threat Introduction In United States v....
Producer’s Intent Governs “Lascivious Exhibition” in Hidden-Camera Recordings; Curative Instructions Can Neutralize Incremental Rule 414 Surprise Testimony 1. Introduction In United States v. Gray...
Utility-Owned Streetlight Evidence Is Admissible in Municipal Premises-Liability Claims; Public Duty Doctrine Does Not Categorically Bar Lighting-Based Unsafe-Intersection Theories I. Introduction In...
Dramshop Act Contribution Requires an “Award” Imposed Against the Defendant—Settlements Do Not Qualify Introduction In RMB v. Celotto, 2026 UT 19, the Utah Supreme Court addressed a recurring...
Qualified Immunity for a Ground Takedown When a Detainee Resists and Moves Hands Out of View 1. Introduction In Tyler Canaris v. Michael McMaster (11th Cir. July 23, 2026) (unpublished), the Eleventh...
Operative Thieves Are Not “Fences” Under U.S.S.G. § 2B1.1(b)(4); Leadership Enhancement Applies When Defendant Directs a Five-Participant Car-Theft Ring 1. Introduction In United States v. Jamarus...
Intervening Misconduct as Superseding Cause and the Evidentiary Limits of “Best Practices” in Eighth Amendment Suicide-Watch Claims I. Introduction Brad Passwater v. Tricia Pretorius, et al. is a...
Indiana “Unaware Touching” Sexual Battery Is a Guidelines “Forcible Sex Offense” (and Thus a “Crime of Violence”) Under U.S.S.G. § 2K2.1(a)(4)(A) Introduction In United States v. Larry Doss (7th Cir....
Title VII “Single-Pile” Causation Allows Culture-and-Process Evidence to Defeat Summary Judgment; HR Managers’ Reporting Is Protected Opposition Without a Heightened “HR Exception” Case: Debra Pratt...
Foreclosure-Era Relocation Fees and Good-Faith Lease Renewals Are Not Per Se Takings When They Function as Landlord–Tenant Regulation I. Introduction In BBLI Edison, LLC v. City of Chicago (7th Cir....
Eleventh Circuit: The Bureau of Prisons ARP Forecloses New Bivens Medical-Care Claims Even When an Estate Cannot Use the Process After Death 1. Introduction In Carrin v. Smiledge (11th Cir. July 23,...
Fifth Amendment “Reasonableness” Limits Rule 4(k)(2) Jurisdiction Over Foreign Defendants in Helms‑Burton Trafficking Suits Case: Luis Manuel Rodriguez v. Imperial Brands, PLC (11th Cir. July 23,...
No Per Se Duty to Activate Dash-Cam at First Suspicion; BAC Results Admissible Without Manufacturer Manual When an Adequate Foundation Is Laid Introduction Tang v. State (Del. July 23, 2026)...
Rule 40(e)(1) Nighttime-Execution Violations Do Not Trigger Automatic Suppression Absent a Constitutional Violation, Bad Faith, or Prejudice Introduction In State v. Jaramillo, 2026 UT 20, the Utah...
In re J.M.: Nonjudicial Adjustment Ineligibility Is an Objective Felony Inquiry, and Prosecutors May File a Petition to Correct an Improper Diversion 1. Introduction Case: In re J.M., 2026 UT 21...