exhaustion Case Commentaries

Rule 54(b) Certification Makes Related, Quantified Attorney-Fee Awards Appealable Despite Pending Claims

Date: Oct 31, 2026

Rule 54(b) Certification Makes Related, Quantified Attorney-Fee Awards Appealable Despite Pending Claims Case: Flux Drive v. Sparks Court: United States Court of Appeals for the Tenth Circuit...

Shareholder Standing and Wisconsin Civil Theft: Limits on Corporate Self-Help and Preclusion

Date: Oct 31, 2026

Shareholder Standing and Wisconsin Civil Theft: Limits on Corporate Self-Help and Preclusion Case: Carl Schneider v. Chris Schneider, No. 23-1806 Court: United States Court of Appeals for the Seventh...

College Retaliation and Malicious Prosecution: Causation, Disruption, and Knowing or Reckless Falsity

Date: Oct 31, 2026

College Retaliation and Malicious Prosecution: Causation, Disruption, and Knowing or Reckless Falsity Case: Clifton Murie v. NW Mich. Coll. Court: United States Court of Appeals for the Sixth Circuit...

People v Hassett: Context and Repeated Changes of Position Can Defeat a Self-Representation Request

Date: Oct 31, 2026

People v Hassett: Context and Repeated Changes of Position Can Defeat a Self-Representation Request 2026 NY Slip Op 06354 — Appellate Division, Third Department — October 29, 2026 Opinion by Aarons,...

Implied Fabrication Charges Can Support Prior Consistent Statements; Unrelated Pregnancy-Test Evidence May Be Excluded

Date: Oct 31, 2026

Implied Fabrication Charges Can Support Prior Consistent Statements; Unrelated Pregnancy-Test Evidence May Be Excluded Case: Timothy R. Christensen v. The State of Wyoming Citation: 2026 WY 116...

Landlocked-Access Determinations Are Quasi-Judicial and Require Trial De Novo

Date: Oct 31, 2026

Landlocked-Access Determinations Are Quasi-Judicial and Require Trial De Novo Case commentary: Zirbel v. Deuel County, 2026 S.D. 54, Supreme Court of South Dakota. Central holding: A county...

A License-Contingent Casino Sale Supports Seller Standing, but Does Not Establish Gaming Suitability

Date: Oct 31, 2026

A License-Contingent Casino Sale Supports Seller Standing, but Does Not Establish Gaming Suitability Case: Appeal of Win Win Win, LLC, 2026 N.H. 40 Court: Supreme Court of New Hampshire Opinion...

Sophisticated-Investor Diligence and Solvency Certificates: Distinct Rules for Fraud and Securities Claims

Date: Oct 31, 2026

Sophisticated-Investor Diligence and Solvency Certificates: Distinct Rules for Fraud and Securities Claims Case: Brigade Cavalry Fund Ltd. v Chirico, 2026 NY Slip Op 06382 Court: Appellate Division,...

Matter of Wolk: Disputed Escrow Funds and False Assurances to a Court Warrant Immediate Interim Suspension

Date: Oct 31, 2026

Disputed Escrow Funds and False Assurances to a Court Warrant Immediate Interim Suspension Matter of Wolk, 2026 NY Slip Op 06385 — Appellate Division, First Department, October 29, 2026. Commentary...

Substantive Expansions of Supervised Release Require a Judicial Hearing and Counsel; Child-Contact Modifications Require Proof of the Child’s Best Interests

Date: Oct 31, 2026

Substantive Expansions of Supervised Release Require a Judicial Hearing and Counsel; Child-Contact Modifications Require Proof of the Child’s Best Interests Case: State of West Virginia v. Jeremy...

Nevada Adopts a Historical-Analog Test for Jury Rights in Administrative Civil-Penalty Proceedings

Date: Oct 31, 2026

Nevada Adopts a Historical-Analog Test for Jury Rights in Administrative Civil-Penalty Proceedings Case: HAGEN v. HARRISON (CIVIL), 142 Nev., Advance Opinion 68 Court: Supreme Court of Nevada, en...

Matter of Tingwei: Preadmission Fraud Can Warrant Suspension and Reinstatement Conditions

Date: Oct 31, 2026

Preadmission Fraud Can Warrant Suspension and Reinstatement Conditions: Matter of Tingwei Citation: 2026 NY Slip Op 06374 Court: Appellate Division, Third Department Decided: October 29, 2026...

People v Perry: Traffic Violations and Shooting-Related Flight Support Police Pursuit; Visibility and DNA Support Knowing Firearm Possession

Date: Oct 31, 2026

People v Perry: Traffic Violations and Shooting-Related Flight Support Police Pursuit; Visibility and DNA Support Knowing Firearm Possession Court: Appellate Division, Supreme Court of New York,...

Title VII Pleading: Employer Liability, Comparator Facts, and Retaliatory Causation Must Be Plausibly Alleged

Date: Oct 31, 2026

Title VII Pleading: Employer Liability, Comparator Facts, and Retaliatory Causation Must Be Plausibly Alleged Case: Elijah Timothy Speed v. Reddy Ice LLC Court: United States Court of Appeals for the...

Recorded Anti-Nuisance Covenants Remain Enforceable Despite Overlapping Tort Duties: Contractual Fee Shifting Controls

Date: Oct 31, 2026

Recorded Anti-Nuisance Covenants Remain Enforceable Despite Overlapping Tort Duties: Contractual Fee Shifting Controls Case: BURKETT v. DRYJA Court: Supreme Court of the State of Arizona Decision:...

A Rule 83 Denial Starts Arizona’s Family-Law Appeal Clock Without Rule 78 Certification

Date: Oct 31, 2026

A Rule 83 Denial Starts Arizona’s Family-Law Appeal Clock Without Rule 78 Certification Case: MACDONALD v. MACDONALD, No. CV-25-0309-PR Court: Supreme Court of the State of Arizona Filed: October 28,...

Financially Based Withdrawal of Appointed Counsel Requires Judicial Findings and Substitute Counsel or a Knowing Waiver

Date: Oct 31, 2026

Financially Based Withdrawal of Appointed Counsel Requires Judicial Findings and Substitute Counsel or a Knowing Waiver Case: In re T.L.-1, T.L.-2, H.L., and A.L., No. 25-451 Court: Supreme Court of...

Drug Conspiracy Despite Acquittal of Possession: Circumstantial Agreement and a Co-Conspirator’s Overt Act

Date: Oct 31, 2026

Drug Conspiracy Despite Acquittal of Possession: Circumstantial Agreement and a Co-Conspirator’s Overt Act Case: State of West Virginia v. Jamil Adrian Cabral (Separate Included) Court: Supreme Court...

Negligent Warrant Errors and Unproven Prejudice Do Not Require Reversal of an Independent Obstruction Conviction

Date: Oct 31, 2026

Negligent Warrant Errors and Unproven Prejudice Do Not Require Reversal of an Independent Obstruction Conviction Case: State of West Virginia v. Michael Lane Pinkerman Court: Supreme Court of Appeals...

State v. Coffin: Familial Sexual-Assault Provision Does Not Extend to Stepsiblings Unrelated by Blood

Date: Oct 31, 2026

State v. Coffin: Familial Sexual-Assault Provision Does Not Extend to Stepsiblings Unrelated by Blood Case: State v. Coffin, 2026 N.H. 41 Court: Supreme Court of New Hampshire Opinion issued: October...