Telework as a Reasonable Accommodation Requires an Individualized “Essential Functions” and Undue-Hardship Showing—Generalized Return-to-Office Rationales Are Insufficient Introduction Matter of...
Mutual Aid Demand as Proof of “Public Need”: Deferential Review of SEMSCO Approvals Expanding Ambulance Service Territory 1. Introduction Matter of Ambulnz NY 2, LLC v. New York State Emergency Med....
Arbitration Clauses with Unfilled Arbitrator Blanks Remain Enforceable; Courts May Appoint a Rabbinical Tribunal Under CPLR 7504 1. Introduction Matter of Klein (Human Care Servs. for Families &...
Cost-Justified Sewer Connection Fees: Inflow/Infiltration Mitigation May Be Required, but the Per-Unit Amount Must Be Proven 1. Introduction Matter of Schermerhorn Residential Holdings, L.P. v...
“True Threat” Requirement for Harassment Findings and Domestic-Violence–Informed Custody: Sole Custody with Supervised Parenting Time 1. Introduction Matter of Raelene KK. v Anthony LL. (2026 NY Slip...
Wisconsin Supreme Court May Treat a “Notice of Appeal” as Sufficient to Invoke Review of a Three‑Judge Apportionment Panel and Apply Court of Appeals Procedures by Default 1. Introduction Case:...
Probation Revocation Requires Independent Verification Beyond Probable Cause; Preliminary-Hearing Cross-Examination Can Satisfy Due Process Without Anaya Balancing 1. Introduction In GARCIA (BYRON)...
Third Department Adopts Farnsworth: Clear-and-Convincing Proof of Sexual Motivation for Pre-SOMTA Designated Felonies Satisfies Due Process in Article 10 1. Introduction Matter of State of New York v...
People v. Hartfield: A Guilty Verdict on the Greater Count Operates as a Statutory Dismissal of Submitted Lesser Counts (CPL 300.40[3][b]) 1. Introduction In People v Hartfield, 2026 NY Slip Op 03698...
Venue Incident to Consolidation: No Independent CPLR 510(3) Showing Required; “Special Circumstances” May Override the First-Filed Rule Case: Preferred Mut. Ins. Co. v. Monahan, 2026 NY Slip Op 03716...
Workers’ Compensation Law § 10 (3) (c) Is Not Retroactive to Final Board Decisions; Correction Officers Are Not “Other Person[s] Certified to Provide Medical Care in Emergencies” Under § 10 (3) (b)...
Electronic FROI “L-With Liability” Entry Is Not a Binding Acceptance Where System-Required; SROI-Employer Paid Preserves One-Year Controvert Period Under WCL § 21-a in Unindexed Claims 1....
People v. Monahan: Shooting Toward Occupied Departing Vehicles Supports Depraved-Indifference Murder; Tampering May Be Inferred from Missing Ballistic Debris and Post-Event Cleaning I. Introduction...
Final Divorce Judgment Bars Relitigation of Disability-Pension Distribution; Courts Must Amend DROs to Conform and Award Arrears from Accrual Case: Tierney v Tierney, 2026 NY Slip Op 03720 (App Div...
Matter of Clemente: Surrogate’s Court Jurisdiction Over Lifetime Trusts Based on Trustee “Residence” and Finality of Open-Court Settlements Despite Suspected Fraud 1. Introduction Matter of Clemente...
People v. Thornton: A CPL 440 Hearing Is Required Where Counsel Allegedly Withheld Known Impeachment Material About the Defense’s Sole Expert 1. Introduction Case: People v Thornton, 2026 NY Slip Op...
Bivens Will Not Extend to Post-Assault “Failure-to-Treat” Claims Intertwined with Prison Security; FTCA Accrual Turns on Inquiry Notice and Tolling Requires Diligence Introduction In Lyasia N....
CFDBPA Confined to Consumer Transactions; Speculative Cybersecurity Risk Cannot Establish Article III Standing; Utility Shutoff Due Process Satisfied by Notice and Meaningful Bill-Dispute Procedures...
Actual Notice + No Self-Help: Civil Contempt for Extending a Non-Preclusive Bankruptcy Dictum to New Property Liens Case: In re: Milton Thomas, No. 24-1861 (3d Cir. June 9, 2026) Court: U.S. Court of...
Jefferson v. Moore: Immunity Does Not Create a Collateral-Order Right to Appeal Non-Dispositive Procedural Denials Court: U.S. Court of Appeals for the Tenth Circuit Date: June 8, 2026 Case:...