Express Bench-Trial Waiver and Invited-Error Bar in ACCA Different-Occasions Litigation After Erlinger I. Introduction In United States v. Daniel DeWayne Conner (11th Cir. 2026-06-24) (unpublished,...
Sixth Circuit: No Plain-Error Requirement for Date/Time Unanimity in § 924(c) “In Furtherance” Possession; Fleeting Gang References and Cumulative-Impeachment Exclusions Treated as Harmless...
Fleeting Gang References and Timing Disagreement Do Not Require Mistrial or Specific Unanimity in § 924(c) Cases Absent Binding Authority I. Introduction In United States v. Jerlen Horton,...
Title III Limits: Self-Created Statewide Voter Databases Are Not Records that “Come Into” an Election Official’s Possession; DOJ Demands Must State Both Basis and Purpose 1. Introduction United...
No Duty to Protect an Independent Contractor from an Undisclosed, Self-Devised “Visual Inspection” Method; Proximate Cause Requires Evidence the Defendant’s Acts Would Have Prevented the Injury 1....
Rule 8 Requires Coherent Pleading—Exhibits and “Incorporation by Reference” Cannot Substitute for a Short and Plain Statement 1. Introduction In Jeffrey Luffman v. Collinsville Community Unit School...
Strict Rule 56.1 Enforcement and FMLA Third-Opinion Noncooperation: Seventh Circuit Affirms Summary Judgment in Brown v. Chicago Transit Authority 1. Introduction Russia Brown v. Chicago Transit...
TCPA Vicarious Liability in Multi-Tier Telemarketing Requires Authority at Each Delegation Level; Treble Damages Require Knowing or Reckless Violations Case: Robert Hossfeld v. Allstate Insurance...
Speculation Cannot Prove Knowledge or Personal Responsibility: Summary Judgment Standards for Prison Retaliation and Eighth Amendment Claims Case: Stanley Boclair v. Rob Jeffreys, et al. (No....
EMSA Paramedic Immunity: Two Physician Calls Can Satisfy “Maintain Direct Voice Communication” and an Intubation Order Can Cover Multiple Attempts I. Introduction In Jari Almonte v. Township of Union...
Dismissed-with-Prejudice, Joined Charges: Probable-Cause Affidavit Allegations May Be Considered at Sentencing Without Triggering the Pending-Charge Rule 1. Introduction In State v. Pope, 2026 ND...
Nonfinal Post-Divorce Redistribution Orders Are Not Appealable; Remedial Contempt Sanctions May Rest on Reasonable, Non-Precise Proof of Loss 1. Introduction Clooten v. Clooten, 2026 ND 126, arose...
Legislatively Proposed Repeal or Alteration of Voter‑Imposed Term Limits Is Constitutionally Barred and Void Ab Initio Case: Bjerke v. North Dakota Legislative Assembly, 2026 ND 118 Court: Supreme...
State v. Boynton (2026 ND 120): A Guilty Plea to “False Information to Law Enforcement” Requires an On-the-Record Factual Basis for Materiality I. Introduction In State v. Boynton, the North Dakota...
Mandatory-Arbitration Case-Closures Are a SAPA “Rule”: Limits on DOL Enforcement Discretion Require Rulemaking 1. Introduction Matter of Gui Zhu Chen v. Reardon (2026 NY Slip Op 04014) is a Third...
Remittal Required When the Trial Court Fails to Decide a CPL 30.30 Motion Challenging the Validity of a Certificate of Compliance 1. Introduction In People v Presley (2026 NY Slip Op 04012 [3d Dept...
Discovery Sanctions After a So-Ordered Stipulation: Willfulness May Be Found, But Dismissal Must Still Be Proportionate 1. Introduction Connors v ASM Global Parent, Inc. (2026 NY Slip Op 04016 [3d...
“Proceedings” in Penal Code § 2900.5(b) Means a Single Criminal Case: No Automatic Cross-Case Pooling of Presentence Custody Credits People v. Cofer (Cal. June 25, 2026) — Supreme Court of California...
Municipal PFAS Claims May Seek Alternative Clean Water and Stigma Damages Despite DEC Remediation—No CPLR 3211 Dismissal on Double Recovery, Speculation, or Primary Jurisdiction 1. Introduction In...
Matter of Chu: Serious-Crime Status Requires a Statutory “Necessary Element” or Plea-Record Facts; Foreign Discipline Still Supports New York Disbarment 1. Introduction Matter of Chu (2026 NY Slip Op...