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No Rule 408 Shield for Pre-Litigation Status Emails; Missing-Witness Instruction Narrowed for Foreign, Non-Employee Witnesses Case: NHC LLC v. Centaur Construction Company Inc., et al. Court: United...
No-Reasonable-Attorney Foreshadowing Standard: Seventh Circuit narrows Strickland deficiency for missed categorical-approach arguments Introduction In Otis R. Elion v. United States, No. 24-3014 (7th...
Mandamus Is Not a Shortcut Around Nonfinal Custody Orders: State ex rel. Conomy v. Fuller Introduction In State ex rel. Conomy v. Fuller, 2025-Ohio-4411, the Supreme Court of Ohio reaffirmed core...
In Reopened Appeals, Appellants Must Brief Deficiency and Prejudice: No Presumption of Ineffective Assistance Under App.R. 26(B) Introduction In State v. Clark, Slip Opinion No. 2025-Ohio-4410, the...
Constructive Discharge in Alaska Whistleblower Cases Is an Objective, Position-Specific Inquiry (Nonprecedential Clarification) Court: Supreme Court of the State of Alaska (Memorandum Opinion and...
Recent Compliance Is Not Enough: Alaska Supreme Court Affirms Termination Where Change Is Unproven Outside Structured Settings; “Reasonable Efforts” Do Not Require Early Neuropsychological Referral...
Contract, Not Takings: Fifth Circuit Holds Municipal Refusal to Extend a Development Agreement Is Commercial (Non‑Sovereign) Conduct Introduction In Mesquite Asset Recovery Group, L.L.C. v. City of...
Law-of-the-Case Bars Codefendants’ Relitigation in Successive Appeals; Managerial Control and Proceeds Suffice to Uphold § 846 Marijuana Conspiracy Conviction Introduction In United States v. Weng,...
Noncompliance with R.C. 2969.25(C) Is Not an Affirmative Defense; Institutional‑Cashier Certification of Inmate Account Statements Is Mandatory for Fee-Waiver Requests Introduction This commentary...
No Safe Harbor in Post-Default Litigation: First Department Holds General Litigation Activity Does Not Satisfy CPLR 3215(c) Absent an Explicit “Sufficient Cause” Showing Introduction In 938 St....
Wyoming Supreme Court Bars Double Counting of Pass‑Through Business Income in Child Support Calculations Case: Matthew R. Stenson v. Nikole M. Stenson, 2025 WY 102 (Wyo. Sept. 23, 2025) Court:...
Clarifying Brady’s “Reasonable Probability” Standard and the Use of Supervisory Control to Prevent a Second Trial Under a Mistake of Law Introduction This supervisory-control proceeding arises from a...
Supervised Visitation Conditioned on Rehabilitation Programs Upheld Under Best-Interest Review in Nonprecedential Memorandum Decision Case: In re the Parenting of J.E.B. & B.L.B., 2025 MT 216N (Mont....
State v. Post: Mandatory Ability-to-Pay Findings for Fines, Fees, and Surcharges; Oral Sentence Controls Introduction In State v. Post, 2025 MT 215 (Mont. Sept. 23, 2025), the Montana Supreme Court...
Credibility of Oral Modified‑Duty Offers Controls TTD Termination: West Virginia’s High Court Reaffirms Deference to the Board of Review Under § 23‑4‑7a(e) Introduction In Dainel Nicole Smith v. West...
Accident Location Is Not Dispositive: Evidence, Not Assertions, Controls Transfers Under Alabama’s Forum Non Conveniens Statute (§ 6-3-21.1) Introduction This commentary analyzes the Supreme Court of...
Substantive Immunity Shields Municipalities from Negligence Claims Over Inoperable Interstate Streetlights Introduction In Ex parte City of Birmingham (In re: Smith v. City of Birmingham), decided on...
Amendments that Materially Change Interest Terms Are New, Time‑Barred Claims Under Mississippi Probate Law (§ 91-7-151) Case: In Re The Estate of Herbert Bernard Ivison, Jr.: Malouf & Malouf, PLLC v....
Repeated Unwanted Touching Can Be “Severe or Pervasive” Under § 1983 and NYSHRL; Stray Sexist Remarks Do Not Establish Intent; Remedial Response Defeats Monell Deliberate-Indifference Theory Case:...