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Volume IX, Issue 26

July 2, 2026

 

Pung v. Isabella County, Case No. 25–95 (S. Ct. 2026). 
In light of the nation's history of tax sales and when the sale is fairly conducted, just compensation under the Fifth Amendment Takings Clause following a government tax sale is measured by the actual auction price, not the property's hypothetical fair market value, and the Eighth Amendment Excessive Fines Clause likewise does not require the government to return more than the surplus sale proceeds.

 

FS Medical Supplies, LLC v. Tanner Pharma UK Ltd., Case Nos. 25-2199 & 25-2200 (4th Cir. 2026).
A limited liability company with both domestic and foreign citizen members cannot satisfy diversity jurisdiction under 28 U.S.C. § 1332(a)(3) because a court must test each member's citizenship, and the presence of a foreign citizen on the plaintiff side destroys the requirement that citizens of different States appear on both sides of the dispute.

 

Euphoric, LLC v. 4128 Broadway, LLC, Case No. 25-3146 (8th Cir. 2026). 
A lease for a term exceeding one year that omits the commencement date fails Missouri's statute of frauds because the commencement date is an essential term that cannot be supplied by parol evidence.

 

T&T Management, Inc. v. Choice Hotels International, Inc., Case No. 25-1618 (8th Cir. 2026). 
Under Florida law and even though a license agreement expressly authorizes the use of "other systems and marks" anywhere and at any time, a franchise license agreement's contractual protection of a "Protected Area" applies only to hotels operating under the defined "Marks,” i.e., the specific brand trademarks identified in the agreement, and does not extend to entirely separate brands acquired by the franchisor's parent after execution of the agreement.

 

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Author

Manny Farach

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