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Limited Undertaking, Limited Duty: Vendor Pump Training Does Not Create a General Workplace-Safety Duty Under Restatement § 324A

Date: Jul 24, 2026

Limited Undertaking, Limited Duty: Vendor Pump Training Does Not Create a General Workplace-Safety Duty Under Restatement § 324A Case: Savannah Byers v. Finishing Systems Inc (remaining claims...

Third Circuit: No Duty to Accommodate or Provide FMLA Leave Without Clear, Timely Notice—Disability Laws Do Not Excuse Misconduct

Date: Jul 24, 2026

Third Circuit: No Duty to Accommodate or Provide FMLA Leave Without Clear, Timely Notice—Disability Laws Do Not Excuse Misconduct I. Introduction In Cheryl Hileman v. West Penn Allegheny Health...

State v. Dela Cruz: A Tachibana Waiver Remains Valid Under the Totality of the Circumstances Even Without the Exact “Is Anyone Forcing You Not to Testify?” Question

Date: Jul 24, 2026

State v. Dela Cruz: A Tachibana Waiver Remains Valid Under the Totality of the Circumstances Even Without the Exact “Is Anyone Forcing You Not to Testify?” Question I. Introduction In State v. Dela...

Counties May Streamline SMA Permitting, Not Eliminate the Non‑Delegable CZMA “Assessment” (Final EA Required; No Categorical Self‑Certification Exemptions)

Date: Jul 24, 2026

Counties May Streamline SMA Permitting, Not Eliminate the Non‑Delegable CZMA “Assessment” (Final EA Required; No Categorical Self‑Certification Exemptions) I. Introduction In Maui Tomorrow Foundation...

Compelling Circumstances Permit Separation-Date Valuation of Marital Equity Awards; Unvested Stock/RSUs May Be Treated as Post-Separation Compensation

Date: Jul 24, 2026

Compelling Circumstances Permit Separation-Date Valuation of Marital Equity Awards; Unvested Stock/RSUs May Be Treated as Post-Separation Compensation Introduction In Patrick M. Hogan v. Amanda H....

People v Wilkins: Automobile-Exception Probable Cause Must Target Evidence of a Crime, Not a Civil Infraction

Date: Jul 24, 2026

People v Wilkins: Automobile-Exception Probable Cause Must Target Evidence of a Crime, Not a Civil Infraction Introduction In People of Michigan v. Freddie Wilkins, III (Mich Sup Ct, July 22, 2026),...

Michigan SORA “Recapture” Registration for Nonsexual Felonies Is Cruel or Unusual Punishment (As Applied)

Date: Jul 24, 2026

Michigan SORA “Recapture” Registration for Nonsexual Felonies Is Cruel or Unusual Punishment (As Applied) I. Introduction People v Ellis (Mich. Sup. Ct., July 22, 2026) addresses the...

Revocable-at-Death Trust Liability to Creditors and EPIC Exemptions for 401(k) Payments and Life-Insurance Proceeds Paid to a Trustee

Date: Jul 24, 2026

Revocable-at-Death Trust Liability to Creditors and EPIC Exemptions for 401(k) Payments and Life-Insurance Proceeds Paid to a Trustee 1. Introduction Case: In re FOWLER ESTATE / In re FOWLER TRUST...

Rule 32(i)(1)(A) Requires Follow-Up When a Defendant Denies Reviewing the PSR, and Allocution Preserves the Claim

Date: Jul 24, 2026

Rule 32(i)(1)(A) Requires Follow-Up When a Defendant Denies Reviewing the PSR, and Allocution Preserves the Claim Case: United States v. Threatt (10th Cir. July 21, 2026) | Court: U.S. Court of...

Utah Bad-Faith Liability After Full-Limits Tender: No Duty to Explain Unambiguous Policy Terms Absent Ambiguity or Fraud

Date: Jul 24, 2026

Utah Bad-Faith Liability After Full-Limits Tender: No Duty to Explain Unambiguous Policy Terms Absent Ambiguity or Fraud 1. Introduction Jenkins v. Prime Insurance (10th Cir. July 21, 2026) addresses...

Tenth Circuit: A Public Library May Prohibit Displayed Signs Indoors as a Content-Neutral Time, Place, and Manner Restriction; “Chilled Speech” Standing Requires Subjective Deterrence

Date: Jul 24, 2026

Tenth Circuit: A Public Library May Prohibit Displayed Signs Indoors as a Content-Neutral Time, Place, and Manner Restriction; “Chilled Speech” Standing Requires Subjective Deterrence Introduction...

Specific-Unanimity Required for Single-Count, Multi-Act Proof of Penetration; Rucker Overruled

Date: Jul 24, 2026

Specific-Unanimity Required for Single-Count, Multi-Act Proof of Penetration; State v. Rucker Overruled 1. Introduction In State of Minnesota v. Ge Yang (Minn. July 22, 2026), the Minnesota Supreme...

U.S.S.G. § 1B1.2(d) Cannot Apply Without a Beyond-a-Reasonable-Doubt Finding That the Defendant Conspired to Each Object Offense

Date: Jul 24, 2026

U.S.S.G. § 1B1.2(d) Cannot Apply Without a Beyond-a-Reasonable-Doubt Finding That the Defendant Conspired to Each Object Offense Case: United States v. Katrail Bridges (7th Cir. July 21, 2026)...

Matter of Douglas Marshall — Text Messages Are Not a “Signed” Contingent-Fee Agreement Absent Client Adoption

Date: Jul 24, 2026

Matter of Douglas Marshall: Text Messages Do Not Satisfy Montana’s “Signed Writing” Requirement for Contingent-Fee Agreements Without Client Adoption 1. Introduction Matter of Douglas Marshall is a...

Claim Preclusion Bars Post-Judgment Tort Claims Against an Estate and Its Personal Representative Acting Only in a Fiduciary Capacity

Date: Jul 24, 2026

Claim Preclusion Bars Post-Judgment Tort Claims Against an Estate and Its Personal Representative Acting Only in a Fiduciary Capacity 1. Introduction Kahle v. Estate of Tosch (Mont. 2026 MT 159N) is...

State v. Reed: No Ineffective Assistance Absent Prejudice Where Evidence Does Not Support a Lesser-Included Instruction; Bail-Jumping “Lawful Excuse” Survives Vagueness Challenge Under Trombley

Date: Jul 24, 2026

State v. Reed: No Ineffective Assistance Absent Prejudice Where Evidence Does Not Support a Lesser-Included Instruction; Bail-Jumping “Lawful Excuse” Survives Vagueness Challenge Under Trombley 1....

ICWA Diligent Inquiry and IAC in Termination: Tattoos and Speculative Parole Dates Do Not Undermine Termination Under § 41-3-609(4)(c), MCA

Date: Jul 24, 2026

ICWA Diligent Inquiry and IAC in Termination: Tattoos and Speculative Parole Dates Do Not Undermine Termination Under § 41-3-609(4)(c), MCA Introduction Matter of D.J.L. and R.J.M., Youths in Need of...

Affirmance Despite an Incomplete Batson Step-Three Inquiry Where the Record Shows No Discriminatory Intent

Date: Jul 24, 2026

Affirmance Despite an Incomplete Batson Step-Three Inquiry Where the Record Shows No Discriminatory Intent Introduction In MOTLEY (COURTNEY) v. STATE (CRIMINAL), No. 88757 (Nev. July 23, 2026), the...

Repeated Violations and Concealment of Court-Order Breaches Can Establish “Risk of Flight” Justifying Monetary Bail Under 13 V.S.A. § 7554

Date: Jul 24, 2026

Repeated Violations and Concealment of Court-Order Breaches Can Establish “Risk of Flight” Justifying Monetary Bail Under 13 V.S.A. § 7554 1. Introduction In State of Vermont v. Dennis McLaughlin...

Striking an Adjudication of Guilt Under a Deferred Sentence Is Not “Reversal or Vacatur” for Automatic Reinstatement from Interim Suspension (A.O. 9, Rule 21(F))

Date: Jul 24, 2026

Striking an Adjudication of Guilt Under a Deferred Sentence Is Not “Reversal or Vacatur” for Automatic Reinstatement from Interim Suspension (A.O. 9, Rule 21(F)) Case: In re Eva Vekos, Esq. (Office...