view Case Commentaries

Comparative Fault Requires Comparison, Not Merely Proof of Negligence: The Dissent in Darrin Harper v. Lorenzo Reed

Date: Oct 18, 2026

Comparative Fault Requires Comparison, Not Merely Proof of Negligence: The Dissent in Darrin Harper v. Lorenzo Reed Court: Supreme Court of Michigan Date: October 16, 2026 Docket: SC 169770...

Delayed Appeals in Iowa Child Welfare Cases Are Available Only After Termination of the Appealing Parent’s Rights

Date: Oct 18, 2026

Delayed Appeals in Iowa Child Welfare Cases Are Available Only After Termination of the Appealing Parent’s Rights Case: In the Interest of E.S., Minor Child Court: Supreme Court of Iowa Decided:...

Alaska Limits Domestic-Partnership Property Division and Adopts Separate-Asset Tracing

Date: Oct 18, 2026

Alaska Limits Domestic-Partnership Property Division to Partnership-Era Acquisitions and Adopts Separate-Asset Tracing Case: Scott King v. Courtenay Carty Court: Supreme Court of the State of Alaska...

Kansas Self-Defense Immunity Motions Are Subject to the 21-Day Post-Plea Filing Deadline

Date: Oct 18, 2026

Kansas Self-Defense Immunity Motions Are Subject to the 21-Day Post-Plea Filing Deadline Case: State v. Riggins, No. 126,841 Court: Supreme Court of Kansas Opinion filed: October 16, 2026...

Mortgage Forbearance Disputes: Limits on Federal Claims Against a Private Bank Holding Company

Date: Oct 18, 2026

Mortgage Forbearance Disputes: Limits on Federal Claims Against a Private Bank Holding Company Case: George Arsenis v. Blue Foundry Bancorp, No. 25-1410 Court: United States Court of Appeals for the...

Sentence-Reduction Decisions Cannot Rest on Unsupported Assumptions About Unrecovered Drugs

Date: Oct 18, 2026

Sentence-Reduction Decisions Cannot Rest on Unsupported Assumptions About Unrecovered Drugs Case: United States v. Pedro Moises-Martinez Court: United States Court of Appeals for the Eleventh Circuit...

Shared Access Can Authorize Third-Party Consent to a Cell-Phone Search Despite Another Person’s Ownership

Date: Oct 18, 2026

Shared Access Can Authorize Third-Party Consent to a Cell-Phone Search Despite Another Person’s Ownership Commentary on United States v. Antoine Cook United States Court of Appeals for the Sixth...

Conditional Deportation Warnings Do Not Necessarily Bar Coram Nobis Relief for Affirmative Immigration Misadvice

Date: Oct 17, 2026

Conditional Deportation Warnings Do Not Necessarily Bar Coram Nobis Relief for Affirmative Immigration Misadvice Case: Morillo v. United States, No. 25-2027 Court: United States Court of Appeals for...

Sua Sponte Habeas Time-Bar Dismissals Require Predismissal Notice, but Its Omission May Be Harmless

Date: Oct 17, 2026

Sua Sponte Habeas Time-Bar Dismissals Require Predismissal Notice, but Its Omission May Be Harmless Case: Gabriel Brian Nock v. Secretary, Florida Department of Corrections Court: United States Court...

Hague Convention Grave-Risk Claims: Prospective Harm, Historical Abuse Allegations, and Expert Evidence

Date: Oct 17, 2026

Hague Convention Grave-Risk Claims: Prospective Harm, Historical Abuse Allegations, and Expert Evidence Case: Sarunas Pletkus v. Ana Saletis Court: United States Court of Appeals for the Eleventh...

Express Closing Deadlines Control: Automatic Termination and Pleading Requirements in Florida Real Estate Litigation

Date: Oct 17, 2026

Express Closing Deadlines Control: Automatic Termination and Pleading Requirements in Florida Real Estate Litigation Case: Sunrise Residential, LLC v. Walton Acquisitions FL, LLC Court: United States...

Sentence-Reduction Discretion Must Rest on Record-Supported Facts

Date: Oct 17, 2026

Sentence-Reduction Discretion Must Rest on Record-Supported Facts Case: United States v. Angel Gutierrez-Romero Court: United States Court of Appeals for the Eleventh Circuit Date: October 16, 2026...

A Record-Supported Firearm–Drug Nexus Sustains the Sentencing Enhancement Without Reliance on Guidelines Commentary

Date: Oct 17, 2026

A Record-Supported Firearm–Drug Nexus Sustains the Sentencing Enhancement Without Reliance on Guidelines Commentary Case: United States v. Eric Person Court: United States Court of Appeals for the...

Florida Oxycodone Trafficking Remains an ACCA Serious Drug Offense Under Existing Circuit Precedent

Date: Oct 17, 2026

Florida Oxycodone Trafficking Remains an ACCA Serious Drug Offense Under Existing Circuit Precedent Case: United States v. Lawrence Clayton Pollock Court: United States Court of Appeals for the...

Statutory Title IX Enforcement Challenges Are Not Automatically Tucker Act Contract Claims

Date: Oct 17, 2026

Statutory Title IX Enforcement Challenges Are Not Automatically Tucker Act Contract Claims Case: Arlington School Board v. Linda McMahon, consolidated with the Fairfax County School Board’s appeal,...

Title IX Enforcement Challenges Require Claim-Specific Tucker Act Analysis, Not Wholesale Dismissal

Date: Oct 17, 2026

Title IX Enforcement Challenges Require Claim-Specific Tucker Act Analysis, Not Wholesale Dismissal Case: Fairfax County School Board v. Linda McMahon, consolidated with Arlington School Board’s...

South Carolina’s Offer-or-Attempt Assault Offense Remains a Guidelines Crime of Violence After Clemons

Date: Oct 17, 2026

South Carolina’s Offer-or-Attempt Assault Offense Remains a Guidelines Crime of Violence After Clemons Case: United States v. Jesse Owens, No. 25-4469 Court: United States Court of Appeals for the...

Specific Congressional Authorization Is Required for an FCC-Created Universal Service Corporation

Date: Oct 17, 2026

Specific Congressional Authorization Is Required for an FCC-Created Universal Service Corporation Case: Consumers' Research v. FCC Court: United States Court of Appeals for the Fifth Circuit Decision...

Co-Resident Consent and an Imminent Knife Threat: Upholding Warrantless Entry and Deadly Force

Date: Oct 17, 2026

Co-Resident Consent and an Imminent Knife Threat: Upholding Warrantless Entry and Deadly Force Case: Martinez v. Hidalgo County Court: United States Court of Appeals for the Fifth Circuit Date:...

Maritime Brokerage Recoveries in Bankruptcy: No Unwritten Continuing-Service Condition on Remittance to Vessel Owners

Date: Oct 17, 2026

Maritime Brokerage Recoveries in Bankruptcy: No Unwritten Continuing-Service Condition on Remittance to Vessel Owners Case: Seacor Marine v. GOL, No. 26-30021 Court: United States Court of Appeals...