no-formal-hierarchy-required:-third-circuit-affirms-tier-iii-designation-of-the-grey-wolves-and-broad-reach-of-the-ina’s-material-support-bar Case Commentaries

Forum Non Conveniens Permitted Despite Assumed Extraterritorial TVPA Civil Remedy; Punitive-Damages-Only Relief Can Make a Foreign Forum “Adequate”

Date: Jun 30, 2026

Forum Non Conveniens Permitted Despite Assumed Extraterritorial TVPA Civil Remedy; Punitive-Damages-Only Relief Can Make a Foreign Forum “Adequate” Case: Scarlett Pavlovich v. Neil Gaiman (7th Cir....

CAFA Home-State Exception: Remand Must Be Sought Within a Reasonable Time, and Salary-for-Leave “Vacation Buy” Is Not a Wage Assignment

Date: Jun 30, 2026

CAFA Home-State Exception: Remand Must Be Sought Within a Reasonable Time, and Salary-for-Leave “Vacation Buy” Is Not a Wage Assignment 1. Introduction Clayton Creason v. Elanco US Inc. arises from...

United States v. Turner: Waiver of PSR Drug-Quantity Objections Not Renewed at Sentencing and Harmlessness Where Guidelines Range Is Unchanged

Date: Jun 30, 2026

United States v. Turner: Waiver of PSR Drug-Quantity Objections Not Renewed at Sentencing and Harmlessness Where Guidelines Range Is Unchanged Introduction In United States v. Malaia Turner, the...

Taxpayer-Provided Comparable Rent Data Triggers Mandatory Income Approach for Commercial Condominiums Under § 15-8-111(5), MCA

Date: Jun 30, 2026

Taxpayer-Provided Comparable Rent Data Triggers Mandatory Income Approach for Commercial Condominiums Under § 15-8-111(5), MCA 1. Introduction O'Brien v. MT Dept. of Revenue, 2026 MT 132 (Mont. June...

Matter of M.F. (2026 MT 133): Post‑2023 “Reasonable Efforts” Are Not a Standalone Termination Element; No Trial Home Visit Required When Safety Conditions Persist

Date: Jun 30, 2026

Matter of M.F. (2026 MT 133): Post‑2023 “Reasonable Efforts” Are Not a Standalone Termination Element; No Trial Home Visit Required When Safety Conditions Persist 1. Introduction Matter of M.F. is a...

State v. Adams (2026 MT 130) Commentary

Date: Jun 30, 2026

Decades-Old, Uncharged Prior Sexual-Abuse Allegations May Survive Rule 403 When Highly Similar and Offered for Non-Propensity Purposes; No Automatic Duty to Seek Contemporaneous Limiting Instructions...

Legislative “Random-Selection” Directives Do Not Supersede Montana’s Judicial Substitution Rule Absent Supreme Court Amendment

Date: Jun 30, 2026

Legislative “Random-Selection” Directives Do Not Supersede Montana’s Judicial Substitution Rule Absent Supreme Court Amendment Case: J. Williams v. G. Gianforte (2026 MT 131) | Court: Supreme Court...

Full Replacement Cost Restitution May Be the Price of a New Model When the Defendant Offers No Contrary Evidence

Date: Jun 30, 2026

Full Replacement Cost Restitution May Be the Price of a New Model When the Defendant Offers No Contrary Evidence 1. Introduction State v. T. Peterson (Mont. 2026 MT 129) arises from a break-in at Get...

Local Initiatives Cannot Create Countywide Land-Use Permitting Regimes Outside Title 76 (Treasure County v. Edlund)

Date: Jun 30, 2026

Local Initiatives Cannot Create Countywide Land-Use Permitting Regimes Outside Title 76 (Treasure County v. Edlund) 1. Introduction In Treasure County v. Edlund, 2026 MT 134 (DA 25-0498), the Montana...

Silva v. State: Plain-Error Review Governs Unpreserved Sufficiency Claims in Rule 26(c) Appeals

Date: Jun 30, 2026

Silva v. State: Plain-Error Review Governs Unpreserved Sufficiency Claims in Rule 26(c) Appeals 1. Introduction In Silva v. State (Del. June 26, 2026), the Delaware Supreme Court considered a direct...

Procedural Due Process in Delaware Administrative Hearings: DOJ Counsel May Not Switch from Advocating for the Agency to Advising the Adjudicator in the Same Case

Date: Jun 30, 2026

Procedural Due Process in Delaware Administrative Hearings: DOJ Counsel May Not Switch from Advocating for the Agency to Advising the Adjudicator in the Same Case I. Introduction Case: Fasano,...

Platform-as-Participant Control: Telegram Administration Supports §3B1.1(a) Organizer/Leader Enhancement and Forecloses §4C1.1 Zero-Point Relief

Date: Jun 30, 2026

Platform-as-Participant Control: Telegram Administration Supports §3B1.1(a) Organizer/Leader Enhancement and Forecloses §4C1.1 Zero-Point Relief Case: United States v. Nicole Devilbiss (11th Cir....

Cross-Appeal Scope After Belated Grant of a Deemed-Denied Motion to Correct Error

Date: Jun 30, 2026

Cross-Appeal Scope After Belated Grant of a Deemed-Denied Motion to Correct Error 1. Introduction Stabosz v. Friedman (Ind. June 26, 2026) resolves a recurring procedural problem at the intersection...

ETJ Zoning Missteps Are Voidable, Not Void: Collateral Attacks Limited to Acts Beyond Enabling-Statute Authority

Date: Jun 30, 2026

ETJ Zoning Missteps Are Voidable, Not Void: Collateral Attacks Limited to Acts Beyond Enabling-Statute Authority Introduction Wike v. Grandview Solar Project, LLC (Ind. 2026) required the Indiana...

Ramos-Osario v. State of Indiana — Suppression-Hearing Proof Satisfies the State’s Constitutional Burden; Trial and Appellate Courts May Consider Both Suppression and Trial Evidence

Date: Jun 30, 2026

Suppression-Hearing Proof Satisfies the State’s Constitutional Burden; Trial and Appellate Courts May Consider Both Suppression and Trial Evidence Introduction Ramos-Osario v. State of Indiana (Ind....

Wilson v. State of Mississippi: Reaffirming (1) the Excessive-Force Limitation on Self-Defense and (2) the Permissible “Malice May Be Inferred” Deadly-Weapon Instruction

Date: Jun 30, 2026

Wilson v. State of Mississippi: Reaffirming (1) the Excessive-Force Limitation on Self-Defense and (2) the Permissible “Malice May Be Inferred” Deadly-Weapon Instruction 1. Introduction Case: Wilson...

Moore v. Capesius — Oral-Examination Right Must Be Honored Before Discharging a Garnishee; Attorney-Signed Corporate Garnishment Answer May Substantially Comply with § 6-6-451

Date: Jun 30, 2026

Oral-Examination Right Must Be Honored Before Discharging a Garnishee; Attorney-Signed Corporate Garnishment Answer May Substantially Comply with § 6-6-451 I. Introduction Moore v. Capesius (Supreme...

Rule 4(i) Becomes the Hub for Rule 81 “Return-Day” Summons and Post-Jurisdiction Notice; Rule 81(d) Relocated and Chancery Withdrawal Notice Aligned

Date: Jun 30, 2026

Rule 4(i) Becomes the Hub for Rule 81 “Return-Day” Summons and Post-Jurisdiction Notice; Rule 81(d) Relocated and Chancery Withdrawal Notice Aligned 1. Introduction In Re: The Rules of Civil...

Backlog Is Not “Good Cause” by Judicial Notice: Case-Specific Proof Required for Extraordinary Speedy‑Trial Delay

Date: Jun 30, 2026

Backlog Is Not “Good Cause” by Judicial Notice: Case-Specific Proof Required for Extraordinary Speedy‑Trial Delay Case: Gibson v. State of Mississippi (Miss. 2026-06-25) — Supreme Court of...

Kentucky’s Structural Accountability Rule: The General Assembly May Not Fragment Executive Appointments to Dissolve Gubernatorial Supervision (HB 334 & HB 518)

Date: Jun 30, 2026

Kentucky’s Structural Accountability Rule: The General Assembly May Not Fragment Executive Appointments to Dissolve Gubernatorial Supervision (HB 334 & HB 518) Case: Andy Beshear, in His Official...