treatment-plan-waiver-and-no-duty-to-consider-guardianship-absent-a-petition-in-yinc-term... Case Commentaries

Eleventh Circuit Recognizes Claim-by-Claim Supplemental Jurisdiction After Federal Claims Are Dismissed

Date: Sep 18, 2026

Eleventh Circuit Recognizes Claim-by-Claim Supplemental Jurisdiction After Federal Claims Are Dismissed I. Introduction In T. Mueller v. Walmart Corporation (11th Cir. Sept. 16, 2026), plaintiff Todd...

Rule 60(b)(6) Relief Requires True Attorney Abandonment and Client Diligence; Strategic Non-Opposition to Summary Judgment Is Not “Extraordinary”

Date: Sep 18, 2026

Rule 60(b)(6) Relief Requires True Attorney Abandonment and Client Diligence; Strategic Non-Opposition to Summary Judgment Is Not “Extraordinary” I. Introduction In Shannon Olson v. Takeda...

“Good Cause” in Montana Protective-Order Hearings Requires Proof by a Preponderance of Substantial, Credible Evidence

Date: Sep 18, 2026

“Good Cause” in Montana Protective-Order Hearings Requires Proof by a Preponderance of Substantial, Credible Evidence 1. Introduction In A. Nelson v. S. Frisk, 2026 MT 220, the Supreme Court of...

Removal by Participation: Dissolution Courts May Assume and Permanently Resolve Protection-Order Proceedings Under § 40-15-301(3), MCA

Date: Sep 18, 2026

Removal by Participation: Dissolution Courts May Assume and Permanently Resolve Protection-Order Proceedings Under § 40-15-301(3), MCA Case: Marriage of Cordeiro (Mont. 2026 MT 219) Court: Supreme...

Fraud-Based Rescission for Misrepresented Lease Term & Waiver of Affirmative Defenses Not Raised at Bench Trial (Shepard v. Bickham)

Date: Sep 17, 2026

Fraud-Based Rescission for Misrepresented Lease Term & Waiver of Affirmative Defenses Not Raised at Bench Trial (Shepard v. Bickham, 2026 MT 221N) Nonprecedential status. The Court designated this...

Jury Determinations Required for Unjust Enrichment “Rent,” Pritchard Setoff, and Reasonable Rental Value on Remand (Taylor v. Taylor)

Date: Sep 17, 2026

Jury Determinations Required for Unjust Enrichment “Rent,” Pritchard Setoff, and Reasonable Rental Value on Remand (Taylor v. Taylor) Introduction Case: Taylor v. Taylor, 2026 MT 223N (Mont. Sept....

One Chance to Replead: With-Prejudice Dismissal of Pro Se “Shotgun” Pleadings That Fail to Tie Counts to Defendants

Date: Sep 17, 2026

One Chance to Replead: With-Prejudice Dismissal of Pro Se “Shotgun” Pleadings That Fail to Tie Counts to Defendants Introduction In St. Claire Dreka v. Florida Department of Children and Families...

MDLEA Jurisdiction: No “Magic Words” Needed for a Nationality Request; Use of a Foreign Vessel Does Not Defeat U.S. Jurisdiction

Date: Sep 17, 2026

MDLEA Jurisdiction: No “Magic Words” Needed for a Nationality Request; Use of a Foreign Vessel Does Not Defeat U.S. Jurisdiction I. Introduction This consolidated Eleventh Circuit decision concerns...

MDLEA “Request” for Nationality Requires No Magic Words; Joint/Foreign-Platform Interdictions Do Not Defeat Jurisdiction

Date: Sep 17, 2026

MDLEA “Request” for Nationality Requires No Magic Words; Joint/Foreign-Platform Interdictions Do Not Defeat Jurisdiction Case: United States v. Manuel Melo (consolidated with codefendants Yesid...

MDLEA in a Foreign EEZ Treated as “High Seas”; Rule 5 Delay Remedies Limited to Suppression (Not Dismissal)

Date: Sep 17, 2026

MDLEA in a Foreign EEZ Treated as “High Seas”; Rule 5 Delay Remedies Limited to Suppression (Not Dismissal) Case: United States v. Silverio Henriquez (with codefendant Victor Manuel Pena-Abreu)...

Withdrawal of Deemed Admissions Required When Merits Are Subserved and No Prejudice Exists—Especially Where New Counsel Lacked Notice

Date: Sep 17, 2026

Withdrawal of Deemed Admissions Required When Merits Are Subserved and No Prejudice Exists—Especially Where New Counsel Lacked Notice Introduction In THOMAS & GOZA v. LIBERTY MUTUAL INSURANCE...

Municipal Authority to Choose Paper or Electronic Polling Place Rosters for Any Election Under Minn. Stat. § 201.225

Date: Sep 17, 2026

Municipal Authority to Choose Paper or Electronic Polling Place Rosters for Any Election Under Minn. Stat. § 201.225 1. Introduction In City of Oak Grove v. Steve Simon, in his official capacity as...

Reciprocal Discipline in Oklahoma: Suspension Timing Tied to RGDP Rule 9.1 Affidavit and Denial of Hearing Absent Disputed Facts

Date: Sep 17, 2026

Reciprocal Discipline in Oklahoma: Suspension Timing Tied to RGDP Rule 9.1 Affidavit and Denial of Hearing Absent Disputed Facts Case: STATE OF OKLAHOMA, ex rel. OKLAHOMA BAR ASSOCIATION v. COBB,...

Blanket Bans on Contacting Congress During Supervised Release Must Be Narrowly Tailored, But Overbreadth Is Not “Plain” Without On-Point Precedent

Date: Sep 17, 2026

Blanket Bans on Contacting Congress During Supervised Release Must Be Narrowly Tailored, But Overbreadth Is Not “Plain” Without On-Point Precedent I. Introduction In United States v. Garry Lebron...

Physician Not a Party/Beneficiary to Hospital–Clinic PSA; Loss of Call-Rotation Eligibility Is Material Breach Justifying For-Cause Termination

Date: Sep 17, 2026

Physician Not a Party/Beneficiary to Hospital–Clinic PSA; Loss of Call-Rotation Eligibility Is Material Breach Justifying For-Cause Termination Case: Garvey v. Ogden Clinic Professional Corp. Court:...

Post-Zarella: Essential-Need and Procedural Protections as Preconditions to Appellate Review of Privately Held Privileged Records

Date: Sep 17, 2026

Post-Zarella: Essential-Need and Procedural Protections as Preconditions to Appellate Review of Privately Held Privileged Records I. Introduction In State of New Hampshire v. Tailor Lemieux (N.H....

Tenth Circuit: “Overall Project Purposes” Under CWA § 404 May Include Multiple Interrelated Applicant Goals

Date: Sep 17, 2026

Tenth Circuit: “Overall Project Purposes” Under CWA § 404 May Include Multiple Interrelated Applicant Goals Case: Save The Colorado v. Graham (Nos. 25-1137, 25-1231 & 25-1299) Court: United States...

Vacatur-and-Amended-Judgment Rule: A First § 2255 Challenge to the Intervening Judgment Is Not “Second or Successive,” Even After a Mere Sentence Correction

Date: Sep 17, 2026

Vacatur-and-Amended-Judgment Rule: A First § 2255 Challenge to the Intervening Judgment Is Not “Second or Successive,” Even After a Mere Sentence Correction I. Introduction In In re: Abraham A....

State v. Fomo: Abstract “Grooming” Definitions by Police Experts—Harmless Error Without Case-Specific Application; No Plain-Error Reversal Absent Manifest Injustice

Date: Sep 17, 2026

State v. Fomo: Abstract “Grooming” Definitions by Police Experts—Harmless Error Without Case-Specific Application; No Plain-Error Reversal Absent Manifest Injustice Court: Supreme Court of...

Late-Disclosed “Grooming” Expert Testimony and Hybrid Police Witnesses: Abuse of Discretion Absent Good Cause and Safeguards (State v. Fomo)

Date: Sep 17, 2026

Late-Disclosed “Grooming” Expert Testimony and Hybrid Police Witnesses: Abuse of Discretion Absent Good Cause and Safeguards (State v. Fomo) Case: State v. Fomo (Concurrence) Court: Supreme Court of...