Independent Non-Retaliatory Basis Rule: Unauthorized Coworker Recording Defeats Title VII/§ 1981 Retaliation at Pretext I. Introduction In Dennis Loggins v. Costco Wholesale Corporation (6th Cir....
Indictment Notice for Wire Fraud May Rely on Incorporation-by-Reference Plus Transaction Charts; Written Plea Addenda Can Supply Rule 11 Factual Bases 1. Introduction In United States v. Paul Spivak...
Outstanding Warrants and Provoked Flight Do Not Eliminate Fourth Amendment Protection Against Unreasonable Seizures 1. Introduction Brian Eugene Hux v. Randall Williams (Sixth Circuit, July 22, 2026)...
Dangerousness as the Controlling Test for As-Applied Bruen Challenges to 18 U.S.C. § 922(g)(1) on Plain-Error Review Case: United States v. Mykael Lee Booker (6th Cir. July 22, 2026) (unpublished)...
Sixth Circuit Limits Suppression for “Step-One” Overbreadth in Two-Step Digital Warrants Absent Identifiable Prejudicial Seizure; Requires Sentencing Courts to Address Acquitted-Conduct Guideline...
Home Improvement Contracts: Noncompliance with GBL § 771 Not Per Se Unenforceable; Written Change-Order Clauses May Be Waived by Conduct; Owner Credits Must Offset Extra Costs 1. Introduction P.E....
Ohio Supreme Court: Civ.R. 9(B) Requires Element-Level Particularity to Plead “Manifest Mistake” to Set Aside a Binding Insurance Appraisal; “Hidden Damages” Allegation Alone Is Insufficient 1....
Newson v. NYX, LLC: Ongoing Pre-Complaint Conduct Defeats Retaliation Causation Absent Escalation, and New Theories Cannot Be Raised at Summary Judgment 1. Introduction In Darin Newson v. NYX, LLC...
Reimposed Special Conditions at Revocation Must Be Justified “In Open Court”: United States v. Troutman (6th Cir. 2026) I. Introduction In United States v. David Troutman, the Sixth Circuit reviewed...
Foreseeability—Not “Special Relationship”—Controls Suicide Proximate Cause Under Tennessee Law, and Spoliation Suspicion Alone Cannot Defeat Summary Judgment I. Introduction In Tiffany Barringer v....
Indictment Notice via Incorporation-by-Reference and Post-Ciminelli Wire-Fraud Sufficiency for Stock-Manipulation Schemes Case: United States v. Paul Spivak (6th Cir. July 22, 2026) (not recommended...
Repeated Nonappearance at Court-Mandated Conferences Supports Rule 41(b) Dismissal with Prejudice; Email/Notice Mismanagement Is Not “Excusable Neglect” Under Rule 6(b) 1. Introduction In Estate of...
Procedural Sentencing Error After the Acquitted-Conduct Guideline Amendment: Courts Must Address a Defendant’s Nonfrivolous Objection to a § 2D1.1(b)(1) Firearm Enhancement I. Introduction United...
Tax Regulation Challenges Are Unripe Before a Notice of Deficiency: Ripeness, Administrative Review, and Retroactivity Due Process in New York Franchise Tax Apportionment 1. Introduction Matter of...
Stava v. Stava (2026): Collateral Does Not Create Marital Acquisition Under the Source of Funds Rule (and Premarital Equity Must Be Counted as a Separate Contribution) I. Introduction In Stava v....
State v. Evans (321 Neb. 841): Proving Nonenumerated “Deadly Weapon” by Injury Patterns and Treating Generalized “Safety Concerns” as Non-Acts Under § 27-404(2) I. Introduction In State v. Evans, 321...
People v. Dacosta: A Vacated Plea Extinguishes Its Appeal Waiver; Police-Controlled Buys Can Supply Probable Cause Without a Darden Hearing 1. Introduction In People v Dacosta (2026 NY Slip Op 04532...
Strategic Use of Uncharged Molineux Evidence and a Narrow Molineux Instruction Can Defeat Ineffective-Assistance Claims (People v Chauhan) 1. Introduction In People v Chauhan (2026 NY Slip Op 04531...
Contract Clauses that Eliminate All Judicial and Nonjudicial Review Are Void as Against Public Policy 1. Introduction Hochhauser v Urban Off. Architecture, PLLC (2026 NY Slip Op 04491 [2d Dept 2026])...
Suborning Perjury Enhancement Applies When a Defendant Procures False Testimony by Inducing Counsel to Elicit Known Lies Case: United States v. Fullerton (Nos. 24-50800 & 24-50829, consolidated)...