Relation-Back Permits Late Joinder of Engineers for Negligence Where Inherently Dangerous Excavation Creates Vicarious-Liability Unity of Interest—But Not for NYC Building Code § BC 3309.4 Strict...
Adult Survivors Act Claims in the Court of Claims: No Relation-Back for Newly Alleged Abuse Incidents and a Wrong “Time When” Is an Uncurable Jurisdictional Defect Case: Farrell v State of New York,...
Excessive Default-Judgment Damages May Be Vacated Under Courts’ Inherent Power, With a New Inquest (and Reassignment) Required When the Inquest Record Is Deficient 1. Introduction Case: Williams v...
Conditional Suspension Until Full Restitution for Probate Neglect and Mishandled Advanced Fees 1. Introduction In the Matter of Paul B. McCarthy (R.I. June 24, 2026) is an attorney-discipline order...
Mandamus Fee Denials Must Be Explained and Evaluated Under Highlands (Rule 52(a) Findings Required) 1. Introduction In Michael Shawn Steffen v. Scott Caserta, as Clerk of the County Commission of...
Personal Safety Orders Require Proof by a Preponderance, and Rule 59(e) Limits Appellate Review to Issues Raised 1. Introduction In A.H. v. J.B. (Supreme Court of Appeals of West Virginia, June 24,...
In re A.G.: Ongoing Domestic-Violence Threat and Prior Involuntary Terminations Support Adjudication, Denial of Improvement Period, and Termination Without Less Restrictive Alternatives 1....
Hypothetical Vagueness Attacks Do Not Defeat West Virginia’s Kidnapping Statute Absent an As-Applied Showing; Consecutive Sentences Within Statutory Bounds Stand 1. Introduction In State of West...
Rule 7.7 Reciprocal Discipline: Selling v. Radford Is Inapplicable and Relitigation Is Barred; Disbarment for Reckless False Attacks on Judicial Integrity 1. Introduction In STATE OF OKLAHOMA ex rel....
R.C. 4123.59(D) “All Other Cases” Is a Residual Catchall: Prospective-Dependency Awards Foreclose Mandatory “Actual Dependency” Review Under the Final Paragraph I. Introduction In State ex rel....
Nonjurisdictional Service Errors in State Appropriation Claims: Court of Claims Act § 11 Exception Controls; EDPL 508 Only Triggers Appraisal Timing 1. Introduction Port Grove Assoc. v State of New...
Judicial Estoppel Bars a Statute-of-Frauds Defense to Loan Indebtedness Previously Sworn to in Earlier Litigation 1. Introduction In Fischer v. Fischer-Olson, 2026 S.D. 39, the South Dakota Supreme...
Scheduling Orders in Original Jurisdiction Writ Proceedings Do Not Divest Circuit Court Jurisdiction Absent a Rule to Show Cause or Stay 1. Introduction In Antonio Prophet v. Jonathan Frame,...
Expired Personal Safety Orders Remain Reviewable for Collateral Consequences; “Reconsideration” Motions Are Construed Under Rule 59(e) or Rule 60(b) 1. Introduction In A.H. v. B.K. (W. Va. Sup. Ct....
Best Interests Cannot Substitute for Statutory Abandonment in Stepparent Adoption—Interference with Visitation Defeats the Abandonment Presumption Case: In re the Adoption of: R.E.H., No. 25-332...
Post-Dispositional Improvement Period Requires a Proven “Substantial Change in Circumstances,” and Post-Termination Visitation Requires a Best-Interests Finding 1. Introduction In In re K.A., A.L.,...
Gov.Bar R. I(17) Publication Requirement for Ohio Bar-Exam Applicants (2026-Ohio-2390) 1. Introduction In 06/24/2026 Administrative Actions, 2026-Ohio-2390 (Supreme Court of Ohio, June 24, 2026), the...
Contribution Under Oklahoma UCATA Requires Common Liability for the Same Legally Cognizable Injury—Insurance-Agent Misrepresentation Is Not the Same Injury as the Underlying Property Damage 1....
Border Officers Need Not Have “Clear and Convincing” Proof to Treat Returning LPRs as Applicants for Admission Based on “Committed” CIMT 1. Introduction Blanche, Acting Attorney General v. Lau (U.S....
Helms-Burton Abrogates FSIA Immunity for Cuban Instrumentalities Without Requiring an FSIA Exception Introduction Exxon Mobil Corp. v. Corporación Cimex, S. A. (Cuba) (609 U.S. ___ (2026)) arises...