Second Circuit: Daubert Gatekeeping Cannot Displace Scientific Disagreement in Bradford Hill–Based General Causation; OTC Pregnancy Warning Rules Do Not Preempt Supplemental Risk Warnings I....
Impeachment-Only Recordings Need Not Be Pre-Disclosed Absent Clear Pretrial Rule—Erroneous Exclusion Requires a New § 1983 Trial Case: McClarin v. City of New York (2d Cir. July 13, 2026) Panel:...
Wyoming WAPA Review: Arbitrary-and-Capricious Scrutiny Applies to Agency Legislative (Rulemaking) Action Decision: Warren Livestock, LLC, et al. v. Board of County Commissioners, County of Albany,...
Wyoming Applies Arbitrary-and-Capricious Review to Agency Legislative Rulemaking Under the WAPA (APOZ Aquifer-Protection Zoning Upheld) 1. Introduction In Warren Livestock, LLC, et al. v. Board of...
Totality-of-the-Circumstances Nexus in Search-Warrant Affidavits: Common-Sense Inferences and Presumed Reliability of Law-Enforcement Sources Introduction In Christopher Allen Campbell v. The State...
State v. Morgan: Courts Must Decide Reasonable Suspicion Before Applying the New-Crime/Attenuation Exception 1. Introduction In State v. Morgan (N.M. July 13, 2026), the Supreme Court of New Mexico...
LMRA § 301 Complete Preemption of State Tort Claims That Require CBA Interpretation (Including “Publication” for Defamation and “Outrageousness” for IIED) 1. Introduction Case: Pete Szmurlo v. TK...
Rule 3(c)(4) “Merger” and Local-Rule Admissions: Interlocutory Orders Reviewable on Appeal and Unrebutted Facts Supporting Summary Judgment in an ADA Termination Case 1. Introduction In Jacqualine...
ADEA Claims Challenging Federal Contract “Suitability” Decisions Require Age-Causation Evidence; Undisclosed Comparators and Non-Decisionmaker Remarks (Even with Alleged Cat’s Paw) Are Insufficient...
Estates with Multiple Beneficiaries Must Appear Through Counsel in Federal Court; Persistent Failure to Retain Counsel Warrants Rule 41(b) Dismissal With Prejudice (and a Belated Rule 54(b) Judgment...
Plain-Error Relief Denied for Alleged Hearing-Access Defect in Civil Commitment Absent Objection and Where Record Shows Participation (Matter of L.S.) 1. Introduction In Matter of L.S., 2026 MT 154N...
Enforcing a Final Marital Property Settlement Agreement: Limits on Post-Decree Relitigation and Procedural Leniency for Pro Se Appeals Introduction Marriage of McLaughlin (Mont. Sup. Ct. 2026 MT...
U‑Visa Waiting‑List Relief Is Disjunctive: USCIS May Grant Deferred Action or Parole (Not Both), and Overseas Parole‑Process Claims Become Moot Once Conditional Parole Is Provided 1. Introduction...
Preservation Rule: No Appellate Review of Search-Warrant Probable Cause Absent a Pretrial Suppression Motion (Delaware Supreme Court Rule 26(c)) 1. Introduction Tucker v. State (Del. July 10, 2026)...
Eleventh Circuit Reaffirms Sentencing Commission Authority to Treat State Drug Felonies as “Controlled Substance Offenses” for Career-Offender Status Introduction In United States v. Yaphet Martin...
Duress Requires a Continuous, Immediate Threat and No Realistic Chance to Seek Help: Proffer Insufficiency Bars Both Defense and Instruction Case: United States v. Joseph Ricard (with co-appellants...
Writ Quashed with Horsley Disclaimer: No Implied Endorsement of Lower-Court Reasoning in an Abandonment-Based TPR Appeal 1. Introduction In Ex parte M.P. (Ala. July 10, 2026), the Supreme Court of...
Plea-Hearing “Not My Co‑Conspirator” Denials Are Not Statements Against Penal Interest; Prior Drug Sales Prove Intent in Specific-Intent Drug Cases Introduction In United States v. Gary Cunningham,...
State v. Mendez: Totality-of-Statements Review for Juror Actual Bias and Reaffirmation of Fuson’s Presumed Prejudice Rule 1. Introduction In State v. Mendez (N.M. July 13, 2026), the Supreme Court of...
State v. Woody: A Two-Step Standard for State Continuances Based on Witness Unavailability (HRPP Rule 48 Due Diligence First; Common-Law Good Cause Totality Second) and Rejection of the “Lee Test”...