Viewpoint-Neutrality Required When Government Creates a Press-Credential Access Forum Utah Political Watch v. Musselman (10th Cir. June 30, 2026) Core takeaway: When a legislature creates a...
First Amendment Political-Discrimination Protection Extends to Non-Reappointment/Non-Hiring; “Trust” Labels Are Not Dispositive Case: Lopez Collazo v. Ruiz-Feliciano Court: United States Court of...
Arizona Adopts Overbreadth Review and an Arizona-Specific “Meaningful Transparency / No Unreasonable Burden” Test for Compelled Electoral Donor-Disclosure Under the Speak Freely Clause I....
EPCA Does Not Expressly Preempt State and Local Building-Electrification Measures that Ban Fossil-Fuel Appliances Case: N of Contracting Plumbers v. City of New York; Mulhern Gas Co., Inc. v. Mosley...
Post-Mahmoud Limits on Yoder: School Vaccination Mandates Do Not Trigger “Same-Character” Parental Free-Exercise Strict Scrutiny I. Introduction Miller v. McDonald (2d Cir. June 30, 2026) addresses...
CDP Verification Must Include § 6751(b)(1) Supervisory Approval—Even After Prior Liability Adjudication Case: Besicorp v. Commissioner of Internal Revenue (consolidated appeals) Court: U.S. Court of...
Florida Appellate Briefing Now Requires a Jurisdictional Statement and Issue-by-Issue Preservation/Standard-of-Review Disclosures Case: In Re: Amendments to Florida Rules of Appellate Procedure...
No Suppression Remedy for Violations of Florida’s Search-Warrant Knock-and-Announce Statute (Receding from State v. Cable) Introduction In State of Florida v. Keith Alexander Times (Fla. June 25,...
Roberts v. State (Fla. 2026): Case-by-Case “Meaningful” Nunc Pro Tunc Competency Determinations; No Bright-Line Evidentiary Requirements I. Introduction In William F. Roberts v. State of Florida, the...
General Obligations Law § 5-335 Bars Subrogation of Statutory Short-Term Disability Benefits Despite Workers’ Compensation Law § 227 Trombetta v. Eklecco Newco, LLC, 2026 NY Slip Op 04222 (App. Div....
Outpatient Hospital Radiology Is “Discrete and Complete” for Continuous-Treatment Tolling; Conclusory Expert Proof Defeats Hospital Summary Judgment 1. Introduction Hidalgo v Darakchiev (2026 NY Slip...
Conclusory “Wanton/Reckless” Pleading Cannot Sustain Punitive Damages in Adjoining-Construction Tort Claims; Trespass/Nuisance/Negligence May Proceed Past CPLR 3211 1. Introduction In CK Real Estate,...
Parallel Out-of-State Litigation Does Not Excuse Untimely Service: CPLR 306-b Extensions Require Diligence and Proof of Notice 1. Introduction Farage v. Garden State Veterinary Specialists, Inc....
Nimkoff v. Waldbaum: Judiciary Law § 487 Targets Only Conduct Undertaken “as an Attorney,” and DRL § 235 Materials Are “Confidential Personal Information” in Other Civil Filings 1. Introduction...
“Sufficient Start” Jurisdictional Discovery for a Foreign Holding Company, and Survival of NYSHRL/NYCHRL, Retaliation, Aiding-and-Abetting, and Negligent Supervision Claims at the Pleading Stage 1....
COVID-19 Is Not “Direct Physical Loss or Damage” Without Material Alteration or Complete Dispossession; Declaratory-Judgment Dismissals Must Be Converted to Declarations for Defendants I....
CPLR 3211(e) Single-Motion Bar: A Later CPLR 3211(a)(1) and (7) Attack Cannot Be Added Without a Sufficient Reason Case: Gruber v Donaldsons, Inc., 2026 NY Slip Op 04182 (App Div, 2d Dept July 1,...
Initial-Custody Relocation Treated as a Best-Interests Factor; Long-Distance Access Must Be Practicable, Specific, and Cost-Allocated by Economic Realities Case: Matter of Carrington v. Pepitone,...
Unapportioned NRCP 68 Offers and the Limits of Tortious Good-Faith Claims: Common Settlement Authority, Contract Privity, and Compensatory-Damages Prerequisites for Punitive Awards 1. Introduction...
Building Code Duties Do Not Authorize Unlicensed Entry onto an Adjoining Owner’s Property (and Courts May Not Sua Sponte Convert Trespass Actions into RPAPL 881 Proceedings) Case: Rennie-Walker v...