State v. Morris (2026 MT 143): Record-Based Nexus Required for Minor-Contact Probation Conditions; Mazurek Hearings Not a Discovery Tool; Defense Witness Statements Discoverable Despite Work-Product...
Mixed Natural/Artificial Pond–Channel Connections Trigger 310 Jurisdiction and Allow Permit Denial Under “Discouraged” Pond Rules (Burtons v. Flathead Conservation Dist.) 1. Introduction Case:...
Actual Fraud by Forged Real-Property Instruments: Clear-and-Convincing Proof Supports Compensatory Damages and Fee-Shifting to Clear Clouded Title 1. Introduction In Estate of Tosch v. Kahle, 2026 MT...
Delaware Rule 42 Reaffirmed: “Exceptional Circumstances” Required for Interlocutory Review of Rule 23.1 Double‑Derivative Rulings 1. Introduction This Delaware Supreme Court decision arises from an...
Actual Notice via PACER Satisfies Due Process and Failure to Object Forfeits Bankruptcy Plan Challenges (Including Purdue-Pharma Third-Party Release Attacks) Case: Acute, Inc. v. ECI Pharmaceuticals,...
Mid-Trial Flight as Waiver of the Right to Be Present and as Obstruction Under U.S.S.G. § 3C1.1 I. Introduction In United States v. Michael Monteith (11th Cir. July 7, 2026) (unpublished;...
Charley v. United States: Case-Ending Exclusion of a Required Causation Expert for Deposition-Order Violations Need Not Follow a Mechanical Ehrenhaus Checklist 1. Introduction In Charley v. United...
Federal Tax Liens May Attach to a Taxpayer’s Beneficial Interest Created by a Utah Resulting Trust Despite LLC Legal Title 1. Introduction In RC Smithfield, LLC v. United States (10th Cir. July 6,...
Qualified Immunity for Brief Prone Restraint During Active Handcuffing: Weigel/Booker/Teetz Not “On Point” Where Force Is Used Only to Complete Restraint I. Introduction In Estate of Kevin Dizmang v....
EAJA Fees After New-Evidence Remands: No “Prevailing Party” Status Absent Agency Error, and Substantial Justification May Exist on a Sparse Administrative Record 1. Introduction In Savelkoul v....
Eleventh Circuit: Failure-to-Train Liability Requires Pattern or Obvious Need; Unbriefed Claims Are Abandoned on Appeal I. Introduction Case: William P. Brown v. Sheriff, Hillsborough County Florida...
RLA Preclusion Is Accommodation-Specific: Odell Does Not Automatically Bar Vaccine-Mandate Accommodation Claims 1. Introduction In Andrew DesOrmeaux v. Kalitta Air, LLC (6th Cir. July 6, 2026)...
§ 3553(a)(6) Sentencing-Disparity Claims Require Comparator Evidence to Rebut the Presumption of Reasonableness for Within-Guidelines Sentences 1. Introduction In United States v. Pantoja-Hernandez...
Unincorporated Associations Are Suable “Persons” Under § 1985(3) and VRA § 11(b): Lippoldt Limited to § 1983 Introduction Case: Colorado Montana Wyoming State v. Smith (10th Cir. July 6, 2026)....
Protective Placement Appeals Are Not Moot When Statutory Cost Liability Persists Racine County v. R. P. L., 2026 WI 26 (Wis. July 7, 2026) Court: Supreme Court of Wisconsin Author: Justice Susan M....
Rainwater Damage as an “Ensuing Loss” Under Construction-Defect Exclusions; Fungi Additional Coverage as an Exception to the Fungi Exclusion (Wisconsin) Introduction Case: Cincinnati Insurance...
Notice of Voting Eligibility Forms Are “Closed” Under § 54.75, and Public-Records Mandamus Turns Solely on Entitlement to the Record Case: Wisconsin Voter Alliance v. Kristina Secord (2026 WI 27) |...
Cost Liability as a Collateral Consequence Keeps Chapter 55 Protective-Placement Appeals Alive Despite Later Continuation Orders Introduction Racine County v. R.P.L. (2026 WI 26) sits at the...
“Controlled Substance” in U.S.S.G. § 4B1.2(b) Means CSA-Only: Massachusetts “Cocaine” Convictions Not Predicates if They Cover Ioflupane I. Introduction In United States v. Rosado Maldonado (1st Cir....
First Circuit Rule: Career-Offender “Controlled Substance” Is Defined by Federal Schedules at Federal Sentencing (Not State Law and Not the Time of the Prior Conviction) I. Introduction In United...