Pandemic Remote Work Does Not Establish “Employer Necessity” Under New York’s Convenience-of-the-Employer Rule 1. Introduction Matter of Zelinsky v Commissioner of Taxation & Fin. of the State of...
Custodial-Parent Kidnapping in New York: Evasive Out-of-State Secreting Supports “Abduction,” Defeats Penal Law § 135.30, and Establishes Territorial Jurisdiction When Intent Manifests In-State 1....
No “Diligent Efforts” Duty in Social Services Law § 384-b Abandonment Proceedings; Valid Pro Se Waiver Requires a Searching Inquiry Case: Matter of Wanye D. (Quincy D.), 2026 NY Slip Op 04244 (App....
“Crime Victim” Under Executive Law § 632-a Is Not Limited to Physically Injured Victims: Psychological Harm and “Subject of the Felonious Conduct” Suffice 1. Introduction Matter of New York State...
NRCP 68 Attorney-Fee Awards in Contingency Cases Must Reflect Only Post-Offer Work (Overruling Capriati’s “Incurred Post-Offer” Rule) 1. Introduction In Clark v. Marin (Nev. July 2, 2026), the...
Harmless Initial-Appearance Right-to-Counsel Error and Use of “Tie-Breaker” Authority in High-Conflict Joint Custody Case: Matter of Jimmy PP. v Jennifer QQ. | Court: Appellate Division, Third...
Custody Modification Requires a Post-Order Change Beyond Conditions Contemplated by a Consent Order; Single, Purpose-Linked Social Media Post Insufficient for Harassment/Stalking 1. Introduction...
Collateral Consequences Preserve Article 10 Appeals Despite Post-Order Criminal Plea; Prima Facie Abuse May Be Found Against Multiple Caretakers Without Pinpointing the Perpetrator 1. Introduction...
Post-Remand Judicial Review May Raise Prior Remand-Order Jurisdiction, but Only if the New Petition Strictly Complies with NRS 233B.130(2)(a) Case: ROCHA v. STATE, DEP'T OF HEALTH AND HUMAN SERV.,...
Voluntariness of Statements After Miranda Where Initial Handcuffing Was by Another Agency and Police Promised the Suspect Would Go Home 1. Introduction People v Brown (2026 NY Slip Op 04233 [App Div...
Rule 25 Substitution After Death Requires an Estate-Based “Proper Party”; “Distributee” Is Not an Open-Ended Category 1. Introduction In Human Rights Commission v. Homer Durkee (2026 VT 27), the...
Matter of Ethan H. — Dismissal in Furtherance of Justice When Juvenile Delinquency Is Used to Solve Placement Problems 1. Introduction Matter of Ethan H. (2026 NY Slip Op 04252 [3d Dept July 2,...
Matter of El Shamar B.: Record-Based Proof (Not Self-Serving Accounts) Controls “Dangerous Mental Disorder” Track-One Findings Under CPL 330.20 1. Introduction Matter of El Shamar B. (Appellate...
People v. Hollman: Out-of-State Child Concealment Can Support Second-Degree Kidnapping Despite a Custodial Parent’s Participation; “Sole Purpose” Relative Defense Narrowly Construed and New York...
CPLR Evidentiary Rules Control in Social Services Law § 384-b Permanent Neglect Proceedings; Hearsay/Record Errors Reviewed for Harmlessness 1. Introduction Matter of Skyler O. (Crystal L.) (App Div,...
Alternative-Suspect Prior Similar Sexual Assault Is Relevant and May Require Disclosure of Juvenile Records Introduction In Allen v. The State of Nevada (Nev. July 2, 2026), the Nevada Supreme Court...
Delaware UCC § 9-108: Collateral Description Need Only Reasonably Identify a Unique Warrant Despite Share-Count Inaccuracy Case: Patterson v. Lady Benjamin PD Cannon, f/k/a Ben Cannon (Del. Supr....
Years-Late § 853(n) Forfeiture Challenges Lack Statutory Standing, and Failure to Brief That Ground Warrants Summary Affirmance 1. Introduction In United States v. Misleidy Ibarra (11th Cir. July 1,...
Bankruptcy Appeal Rule: Failure to Provide Required Transcripts and an Adequate Record Warrants Procedural Affirmance Introduction Vince Faridani v. Barbara Joyce Reaves Smith (11th Cir. 2026-07-01)...
Attendance as an Essential Function and Employee-Caused Breakdown of the ADA Interactive Process When Medical Documentation Is Withheld Case: Zane Byrd v. Austal USA, LLC (11th Cir. July 1, 2026)...