Qualified Immunity for Arguable Probable Cause and Non–Clearly Established Juvenile Interrogation Tactics; Fair-Trial Fabrication Liability Requires Trial Use of Evidence Case: Johnnie Savory v....
Judicial Estoppel Requires Clear Inconsistency and Prior Judicial Acceptance; Rule 23(b)(2) Proper for Reinstatement Injunction with Incidental Reimbursement in Retiree-Health CBA Cases Lynnette...
Sixth Circuit Limits Standing for Forward-Looking Relief Based on Alleged “Imprimatur” Reputational Harm from Government Citation of Third-Party “Hate Map” 1. Introduction American Freedom Law...
Indefinite Development Holds as “De Facto Finality” for Ripeness in Takings and Due-Process Land-Use Claims I. Introduction In SW Nashville EB Owner, LLC v. Metro. Gov't of Nashville & Davidson Cnty....
Title III “Demand” Formalities and “Come Into Possession” Limits (for Now): Sixth Circuit Denies En Banc Rehearing in United States v. Benson I. Introduction Case: United States v. Jocelyn Benson, in...
Inevitable Discovery Through Inventory Search Despite Tow-Option Omission When Towing Is Unavoidable Introduction In United States v. Quantrese Brazzell (Sixth Circuit, Aug. 14, 2026), the court...
Sentencing After Drug-Quantity Verdicts: Higher Weights as “Overlapping Conduct” Under U.S.S.G. § 1B1.3(c) (and Not Necessarily “Acquitted Conduct”) I. Introduction In United States v. Tianna Barber...
Severance-of-Title Creates an Appurtenant Parking Easement; Post-Conveyance “Release” by a Non-Owner Is Ineffective Case: James R. McCann v. Brittany Bower & a. Court: Supreme Court of New Hampshire...
Estoppel by Deed Creates an Easement from a Deed’s “Abuttal” Reference Even Where the Way Runs Perpendicularly; Bad-Faith Fee Shifting Limited to Costs of an Unnecessary Separate Quiet Title Action...
Quiet Title Judgments Must Depict Both the Historic Easement and Its Prescriptive Extinguishment; Remand Cannot Be Used to Reroute Access Introduction In Donald Edward Bloom, Deborah Jane Bloom, and...
Intertribal Consortium Arm-of-the-Tribe Immunity Under Ito; Tribal Plaintiffs Waive Immunity to Rule 82 Fees by Filing Suit 1. Introduction In Dot Lake Village v. Dená Nená Henash, d/b/a Tanana...
State v. Nickels: Jury Must Decide Disputed “Dwelling” (and Initial Aggressor) Facts Governing Nebraska’s No-Retreat Privilege I. Introduction In State v. Nickels, 322 Neb. 1 (Aug. 14, 2026), the...
RFC Absenteeism Limits Need Evidentiary Support: Missed Appointments Alone Do Not Require a “Three Days per Month” Work-Absence Finding I. Introduction In Scott William Cartlidge v. Acting...
Rule 10b-5(b) Misstatement Liability Does Not Depend on a “Fraudulent Scheme,” but PSLRA Scienter Still Requires a Cogent Inference; Rule 9(b) Governs Securities Act Claims Sharing the Same Fraud...
Prospective Population-Class Statutes Are Still “Local or Special” When the Range Is Irrationally Narrow and Targets a Single County; Permanent Multi‑Project Tax Mandates Regulate County Business...
Open Meeting Law Requires Naming Officers on Closed Citizen Review Board Agendas; No Nontrivial Privacy Interest in Officer Names and Badge Numbers Already Mandatorily Public Case: LAS VEGAS POLICE...
NRCP 12(g)(2) on Remand: No New Rule 12(b) Grounds After an Initial Motion (Except Subject-Matter Jurisdiction and Preserved, Unadjudicated Defenses) Case: 8933 Square Knot Trust v. Bank of New York...
Professional-Negligence Fee Caps Apply by Substance (Not Labels), and Attorney Liens Must Be Perfected Before Counsel Receives Settlement Funds 1. Introduction Case: CASTILLO v. ATKINSON WATKINS &...
NAC 293.0604’s Candidate-Filing Methods Are Exclusive: Email Filing Is Invalid and Requires Ballot Exclusion 1. Introduction Mercer v. Portillo (Candelaria) is an original, emergency election case in...
Sua Sponte Trial-Court Intervention Preserves Prosecutorial-Misconduct Claims for Comments on Fourth Amendment Refusals (and Limits Relief to Harmless-Error Review) 1. Introduction In ABEL (JESSE) v....