exhaustion Case Commentaries

Indenture Successor Liability Requires a Contractual Trigger, Not Merely Statements Suggesting Debt Assumption

Date: Oct 22, 2026

Indenture Successor Liability Requires a Contractual Trigger, Not Merely Statements Suggesting Debt Assumption Alesco Preferred Funding VIII, Ltd. v. ACP Re, Ltd. Appellate Division, First Department...

Forensic-Misconduct Discovery: FSIA Procedures Cannot Be Bypassed, and Criminal Subpoenas Require a Complete Spykstra Analysis

Date: Oct 22, 2026

Forensic-Misconduct Discovery: FSIA Procedures Cannot Be Bypassed, and Criminal Subpoenas Require a Complete Spykstra Analysis Case: The People of the State of Colorado, In Re v. Michael Martin...

Workers’ Compensation Death-Benefit Reimbursement Does Not Violate Oklahoma’s Wrongful-Death Guarantee

Date: Oct 22, 2026

Workers’ Compensation Death-Benefit Reimbursement Does Not Violate Oklahoma’s Wrongful-Death Guarantee Case: AMY ALEXANDER v. NAM KY DUONG, and SENTINEL INSURANCE CO., LTD. Citation: 2026 OK 76...

Mistaken Belief in Civil-Rights Restoration Does Not Negate Knowledge of Felony Status Under § 922(g)(1)

Date: Oct 22, 2026

Mistaken Belief in Civil-Rights Restoration Does Not Negate Knowledge of Felony Status Under § 922(g)(1) Case: United States v. Thomas Windham, No. 25-13551 Court: United States Court of Appeals for...

Fourth Circuit: Breach-of-Trust Sanctions Remain Permissible After Esteras

Date: Oct 22, 2026

Fourth Circuit: Breach-of-Trust Sanctions Remain Permissible After Esteras Case: United States v. Andrew Chafin Court: United States Court of Appeals for the Fourth Circuit Decided: October 19, 2026...

ADEA Pretext: Disagreement with Performance Assessments Does Not Alone Undermine an Employer’s Honest Belief

Date: Oct 22, 2026

ADEA Pretext: Disagreement with Performance Assessments Does Not Alone Undermine an Employer’s Honest Belief Case: Feldkamp v. University of Kansas Hospital Authority, No. 25-3185 Court: United...

An Unchallenged Good-Faith Ruling Independently Sustains Denial of Suppression

Date: Oct 22, 2026

An Unchallenged Good-Faith Ruling Independently Sustains Denial of Suppression Commentary on United States v. Antonio Darnel Reed United States Court of Appeals for the Sixth Circuit, Case No....

A Reasonable Opportunity, Not an Automatic Hearing: As-Applied Challenges to Felon Disarmament

Date: Oct 22, 2026

A Reasonable Opportunity, Not an Automatic Hearing: As-Applied Challenges to Felon Disarmament United States v. Tyshawn McCutchen United States Court of Appeals for the Sixth Circuit, No. 25-3887...

Preliminary Fire-Causation Opinions Must Satisfy Rule 702; Negligent-Repair Claims Require a Supported Causal Link

Date: Oct 22, 2026

Preliminary Fire-Causation Opinions Must Satisfy Rule 702; Negligent-Repair Claims Require a Supported Causal Link Case: Doshynko Sullivan v. FP Glenwood, LLC Court: United States Court of Appeals...

Title VII Religious Accommodation Requires a Record-Supported Conflict with an Employer’s Policy

Date: Oct 22, 2026

Title VII Religious Accommodation Requires a Record-Supported Conflict with an Employer’s Policy Case: Julie Holland v. 3M Company Court: United States Court of Appeals for the Eleventh Circuit Date:...

Direct LLC-Member Claims for Personal Harm and Default Damages Without a Hearing When the Record Suffices

Date: Oct 22, 2026

Direct LLC-Member Claims for Personal Harm and Default Damages Without a Hearing When the Record Suffices Case: Pablo Dario Castillo v. Fernando Colmenares Court: United States Court of Appeals for...

Deliberate Ignorance Can Establish Fraud Knowledge; Discovery Rules Can Limit Defense Evidence

Date: Oct 22, 2026

Deliberate Ignorance Can Establish Fraud Knowledge; Discovery Rules Can Limit Defense Evidence Case: United States v. Jason Van Eman Court: United States Court of Appeals for the Eleventh Circuit...

ACCA Separate-Occasion Findings May Rest on Stipulations; Invited Error Bars Challenges to Requested Instructions

Date: Oct 22, 2026

ACCA Separate-Occasion Findings May Rest on Stipulations; Invited Error Bars Challenges to Requested Instructions United States v. Willie Boone United States Court of Appeals for the Eleventh Circuit...

Heck-Based Deferred Accrual Extends to Certain FTCA Claims Challenging Prison Discipline

Date: Oct 22, 2026

Heck-Based Deferred Accrual Extends to Certain FTCA Claims Challenging Prison Discipline Case: Donte Parrish v. United States, No. 20-1766 Court: United States Court of Appeals for the Fourth Circuit...

Board Membership and Routine Outreach Alone Do Not Establish Agency for FCA Retaliation Protection

Date: Oct 22, 2026

Board Membership and Routine Outreach Alone Do Not Establish Agency for FCA Retaliation Protection Case: Marshall Austin v. Charleston Day School, No. 25-1858 Court: United States Court of Appeals...

Continuing Harm from Past Abuse Does Not Replace CAT’s Requirement of Likely Future Torture

Date: Oct 22, 2026

Continuing Harm from Past Abuse Does Not Replace CAT’s Requirement of Likely Future Torture Case: Mohammad Qaiymah v. Todd Blanche Court: United States Court of Appeals for the Fourth Circuit...

Ohio Bar Admission: Passing the Examination Does Not Alone Establish Eligibility for the Admission Oath

Date: Oct 22, 2026

Ohio Bar Admission: Passing the Examination Does Not Alone Establish Eligibility for the Admission Oath Supreme Court of Ohio — October 19, 2026 10/19/2026 Administrative Actions #2, 2026-Ohio-4075...

Election Mandamus Cannot Mask Vote-Exclusion Injunctions: Williamson’s Prior-Writ Enforcement Rationale

Date: Oct 22, 2026

Election Mandamus Cannot Mask Vote-Exclusion Injunctions: Williamson’s Prior-Writ Enforcement Rationale Case: State ex rel. Florio v. Sandusky Cty. Bd. of Elections, Slip Opinion No. 2026-Ohio-4090...

Municipal Rezoning Initiatives May Remain on the Ballot Under Charter Timing Despite Ohio’s 90-Day Rule

Date: Oct 22, 2026

Municipal Rezoning Initiatives May Remain on the Ballot Under Charter Timing Despite Ohio’s 90-Day Rule Case: State ex rel. Sommers Dev. Group, L.L.C. v. Cuyahoga Cty. Bd. of Elections, Slip Opinion...

Ohio Public-Records Mandamus Must Await Expiration of the Full Three-Business-Day Cure Period

Date: Oct 22, 2026

Ohio Public-Records Mandamus Must Await Expiration of the Full Three-Business-Day Cure Period Case: State ex rel. Ames v. W. Geauga Local School Dist. Bd. of Edn., Slip Opinion No. 2026-Ohio-4076...