isolated-parental-dui-and-material-change-in-circumstances-in-north-dakota-custody-law:-commentary-on-johnson-v.-staiger Case Commentaries

Sixth Circuit Validates “Enterprise Existed or Would Exist” RICO-Conspiracy Instruction and Upholds Delayed Cross-Examination Amid COVID Disruptions

Date: Aug 29, 2026

Sixth Circuit Validates “Enterprise Existed or Would Exist” RICO-Conspiracy Instruction and Upholds Delayed Cross-Examination Amid COVID Disruptions 1. Introduction In United States v. William...

Amendments Cure Alleged One-Subject Defects: Later Reenactments Supersede Earlier Budget-Bill Enactments

Date: Aug 29, 2026

Amendments Cure Alleged One-Subject Defects: Later Reenactments Supersede Earlier Budget-Bill Enactments Case: Allied Health & Chiropractic, L.L.C. v. State | Citation: 2026-Ohio-3308 | Court:...

Unobjected-to Magistrate Decisions in Inmate Writ Cases: Waiver to Plain-Error Review and Mandatory Dismissal for R.C. 2969.25(A) Noncompliance

Date: Aug 29, 2026

Unobjected-to Magistrate Decisions in Inmate Writ Cases: Waiver to Plain-Error Review and Mandatory Dismissal for R.C. 2969.25(A) Noncompliance 1. Introduction In State ex rel. Wright v. Franklin...

Reinstatement Recommendations Must Contain Actual Findings and Reasoned Analysis Under I.B.C.R. 518(b)(4)(C): In the Matter of Webb

Date: Aug 29, 2026

Reinstatement Recommendations Must Contain Actual Findings and Reasoned Analysis Under I.B.C.R. 518(b)(4)(C): In the Matter of Webb 1. Introduction In In the Matter of Brian L. Webb (Idaho Sup. Ct....

National Infusion Center v. Kennedy (5th Cir. Aug. 26, 2026) — Commentary

Date: Aug 29, 2026

Anti-Injunction Act “Regan” Exception Where a Refund Suit Is Economically Unrealistic; IRA Medicare Drug-Price Negotiation Survives Nondelegation and Due Process Challenges 1. Introduction In Natl...

Rummans v. HSBC Bank USA (5th Cir. 2026) — Mailbox Presumption Established by Servicer Barcodes and Successor-Custodian Testimony

Date: Aug 29, 2026

Mailbox-Rule Presumption in VA-Guideline Foreclosures: Barcoded Servicer Letters and Successor-Custodian Testimony Suffice; Bare Non-Receipt Does Not Case: Rummans v. HSBC Bank, No. 25-10897 (5th...

United States v. Hernandez: No Plain Error for Rule 11 Factual-Basis Challenges Turning on Disputable Inferences and Unsettled Construction of 18 U.S.C. § 933(a)(2)

Date: Aug 29, 2026

No Plain Error for Rule 11 Factual-Basis Challenges Turning on Disputable Inferences and Unsettled Construction of 18 U.S.C. § 933(a)(2) Case: United States v. Hernandez (5th Cir. Aug. 26, 2026) (per...

Plain-Error Vacatur When a Sentencing Court Repeatedly Relies on Extra-Record Aggravating Facts

Date: Aug 29, 2026

Plain-Error Vacatur When a Sentencing Court Repeatedly Relies on Extra-Record Aggravating Facts Case: United States v. Palencia-Berrum (5th Cir. Aug. 26, 2026) 1. Introduction United States v....

State v. Amasiu: Statute of Limitations “Commencement” for Information Charging Occurs Upon a Probable-Cause Finding

Date: Aug 29, 2026

State v. Amasiu: Statute of Limitations “Commencement” for Information Charging Occurs Upon a Probable-Cause Finding Supreme Court of Hawaiʻi (Aug. 26, 2026) — SCWC-21-0000556 I. Introduction State...

Act 250 Jurisdiction Persists After Sustained Unpermitted Expansion Despite Later “Decoupling”; Stop-Work Orders Upheld When Economic Effects Are Considered

Date: Aug 29, 2026

Act 250 Jurisdiction Persists After Sustained Unpermitted Expansion Despite Later “Decoupling”; Stop-Work Orders Upheld When Economic Effects Are Considered 1. Introduction In Land Use Review Board...

Threatened Foreclosure and Substantial Asset Diversion Establish “Irreparable Injury” and “Gross Mismanagement” for NRS 78.650 Receivership; Interested Shareholder May Serve as Receiver Under NRS 78.650(4)

Date: Aug 29, 2026

Threatened Foreclosure and Substantial Asset Diversion Establish “Irreparable Injury” and “Gross Mismanagement” for NRS 78.650 Receivership; Interested Shareholder May Serve as Receiver Under NRS...

Probation-Violation Detention in Vermont: Presumption of Incarceration and No Right to “Try” a Release Plan Under 28 V.S.A. § 301(4)

Date: Aug 29, 2026

Probation-Violation Detention in Vermont: Presumption of Incarceration and No Right to “Try” a Release Plan Under 28 V.S.A. § 301(4) 1. Introduction State v. Tyrin Smith (Vt. Sup. Ct. Aug. 28, 2026)...

Bankruptcy Standing Determination Issue-Precludes Later Nevada Quiet-Title Challenges to Foreclosure Authority

Date: Aug 29, 2026

Bankruptcy Standing Determination Issue-Precludes Later Nevada Quiet-Title Challenges to Foreclosure Authority 1. Introduction Lee v. The Bank of New York Mellon (Nev. Aug. 28, 2026) arises from a...

Public-Records Mandamus Is Limited to Producing Existing Responsive Records—Not Enforcing Record-Keeping Statutes or Forcing Record Creation/Reformatting

Date: Aug 28, 2026

Public-Records Mandamus Is Limited to Producing Existing Responsive Records—Not Enforcing Record-Keeping Statutes or Forcing Record Creation/Reformatting 1. Introduction In State ex rel. Ames v....

Unilateral Belief Is Insufficient to Establish an Attorney–Client Relationship; Breach-of-Contract Claims Fail Absent Provable Damages

Date: Aug 28, 2026

Unilateral Belief Is Insufficient to Establish an Attorney–Client Relationship; Breach-of-Contract Claims Fail Absent Provable Damages 1. Introduction In Blank v Petrosyants (2026 NY Slip Op 05074...

CPLR 3211(a)(7) Dismissal Is Not Merits-Based for Preclusion When a Later Complaint Cures Defects; Excessive Fees Support a Distinct Fiduciary-Duty Claim

Date: Aug 28, 2026

CPLR 3211(a)(7) Dismissal Is Not Merits-Based for Preclusion When a Later Complaint Cures Defects; Excessive Fees Support a Distinct Fiduciary-Duty Claim 1. Introduction Katsoris v Bodnar & Milone,...

CPLR 306-b “Good Cause” Clarified: Reasonable Diligence Can Mandate an Extension, and Courts May Grant It Before a Traverse Hearing

Date: Aug 28, 2026

CPLR 306-b “Good Cause” Clarified: Reasonable Diligence Can Mandate an Extension, and Courts May Grant It Before a Traverse Hearing Case: M&T Bank v Global Sign Cleaning & Maintenance, Inc. (App....

Matter of Bitterman: New York Reciprocal Discipline Gives Significant Weight to the Foreign Sanction and Imposes Matching Public Censure

Date: Aug 28, 2026

Matter of Bitterman: New York Reciprocal Discipline Gives Significant Weight to the Foreign Sanction and Imposes Matching Public Censure 1. Introduction Matter of Bitterman (Appellate Division,...

Reciprocal Discipline Under 22 NYCRR 1240.13: New York Will Publicly Censure to Match a Foreign Public Reprimand When No Statutory Defenses Are Shown

Date: Aug 28, 2026

Reciprocal Discipline Under 22 NYCRR 1240.13: New York Will Publicly Censure to Match a Foreign Public Reprimand When No Statutory Defenses Are Shown 1. Introduction Matter of Cosentino (2026 NY Slip...

Non–Self-Executing Discovery Orders Are Not Conditional Preclusion Orders; Disclosure Motions Must Include 22 NYCRR 202.7 Good-Faith Affirmation and a Specific, Willfulness-Based Record for CPLR 3126 Sanctions

Date: Aug 28, 2026

Non–Self-Executing Discovery Orders Are Not Conditional Preclusion Orders; Disclosure Motions Must Include 22 NYCRR 202.7 Good-Faith Affirmation and a Specific, Willfulness-Based Record for CPLR 3126...