Good-Faith Repair Efforts and Ordinary Litigation Activity Do Not Forfeit or Estop a Builder’s Statute-of-Limitations Defense; Homeowner’s Early Written Suspicion Establishes Inquiry Notice I....
Bright-Line Waiver Rule: In Non-Divorce Cases, Accepting Full Judgment Payment Without Reserving Appellate Issues Waives the Right to Appeal I. Introduction In Cowan v. Slann, 2026 ND 131, the North...
Strickland Prejudice After a Guilty Plea Requires a Showing That Going to Trial Would Have Been Rational 1. Introduction In Magana v. State, 2026 ND 141, the North Dakota Supreme Court affirmed the...
Incorporation of a Final Contempt Order into an Amended Judgment Does Not Restart the Appeal Period; Attorney’s Fees Awarded Under N.D.C.C. § 14-09-06.5 Are Appealable from the Amended Judgment 1....
State-Court Jurisdiction Over Private Federal Oil-and-Gas Lease Royalty Disputes; Waiver, Vexatious-Litigant Controls, and Frivolous-Appeal Sanctions 1. Introduction In White Star Royalty Co. v....
Registration-to-Do-Business Is Not Consent to Personal Jurisdiction in North Dakota (and Prior Dismissals Without Prejudice Do Not Create Jurisdictional Waiver) 1. Introduction Egan v. Metropolitan...
Marriage of DeCock: Rule 60(b)(6) Cannot Relitigate Unconscionability; “Blamelessness” Extends to Post-Settlement Affidavits Seeking Entry of Decree In re the Marriage of DeCock, 2026 MT 145 (Mont....
No Affirmative Duty to Itemize Copying Costs When Requiring Prepayment Under Ohio Public Records Act; Crisis-Precaution Form Not Shown to Be an Exempt “Medical Record” 1. Introduction State ex rel....
Authorization Defeats Lanham Act § 1125(a) Unregistered Trademark Infringement (and Contract Ratification Bars IP “Theft” Torts) Case: Patrice Nelson v. MillerKnoll, Inc. Court: United States Court...
Cancellation Hardship Review: Substantial Evidence (Not “Hard-Look” Reasoned Decisionmaking) and Permissible Predictive Findings Case: Armondo Morales v. Attorney General United States of America (3d...
Anders Withdrawal Granted Where Rule 11 Plea Colloquy and Within-Guidelines Sentence Reveal No Nonfrivolous Appellate Issues 1. Introduction In United States v. Luis Gomez (3d Cir. July 6, 2026)...
Within-Guidelines Sentences Presumptively Satisfy § 3553(a)(6): Disparity Claims Require Comparator Evidence Introduction In United States v. Pantoja-Hernandez, consolidated appeals involving the...
Admissions + No Objection = Plain-Error Review and Anders Dismissal in Supervised-Release Revocation Appeals I. Introduction In United States v. Underwood (10th Cir. July 7, 2026), the Tenth Circuit...
Nondefective Equipment Placement Is Not a “Physical Defect” Under R.C. 2744.02(B)(4) 1. Introduction Steigerwald v. Berea, 2026-Ohio-2554 presented a recurring governmental-immunity question: when a...
Nonprecedential Case Announcements: Sua Sponte Dismissal and Procedural Disposition of Habeas, Tax, and Appellate Motions (Supreme Court of Ohio, July 7, 2026) 1. Introduction The Supreme Court of...
Federal Law Governs Prejudgment Interest on Fee Awards in Mixed Federal–State Settlements, and Trial Courts Must Explain the Math Behind Across-the-Board Hour Cuts Case: Morgan Pianko v. General R.V....
Probable Cause to Search a Vehicle When a Gun Was Last Seen Inside During an Apparent Assault, Even After the Suspect Flees I. Introduction In United States v. Jaeontae Moore (6th Cir. July 7, 2026)...
State “Non-Interference” Protections for 340B Contract Pharmacies Are Not Preempted and Survive Takings, Contracts Clause, and Vagueness Challenges I. Introduction In Pharm Research and Mfr v....
Third Circuit: CAT Deferral Requires Individualized Proof of Likely Torture—Arrest and “Ill-Treatment” Evidence Alone Is Insufficient I. Introduction In Javokhir Attoev v. Attorney General United...
Eliminated-Position Discrimination Claims: “Replacement” Alone Does Not Create an Inference, and Retaliation Requires More Than Timing at Pretext 1. Introduction In Robert Lynn v. Bank of New York...