CLCPA Applies to PSC “Declaratory Rulings” that Function as Consent to Utility Transfers 1. Introduction Matter of Clean Air Coalition of W. N.Y., Inc. v. New York State Pub. Serv. Commission, 2026...
Negligent Entrustment Requires Triable Proof of Foreseeability and “Entrustment” — Not Mere Allegations of Negligent Supervision Case: DeCaro v Somerset Indus., Inc., 2026 NY Slip Op 03345 (3d Dept...
Matter of DeLorenzo — Reinstatement from Interim Suspension Turns on Actual Duration (MPRE and Long-Form Affidavit After Six Months) 1. Introduction Matter of DeLorenzo (2026 NY Slip Op 03354 [3d...
Matter of Moss: Interim Suspension for Patterned Noncooperation—Extensions and “Final-Date” Demands Do Not Defeat 22 NYCRR 1240.9(a) 1. Introduction Matter of Moss (2026 NY Slip Op 03364, 1st Dept...
Under-20 Age at First Sex Offense Cannot Support a SORA Downward Departure Because the RAI Treats Youth as an Aggravating Factor I. Introduction People v Carnegie (2026 NY Slip Op 03379 [May 28,...
Control-and-Supervision Can Support Joint-Employer Status Under the NYHRL—But Discrimination, Hostile Environment, and Retaliation Still Fail Absent Severe/Pervasive Proof or Evidence of Pretext...
Sole Discretion to Assign a Loan Does Not Extinguish the Implied Covenant Against Bad-Faith, Collusive Assignments Introduction In 111 W. 57th Inv. LLC v 111 W57 Mezz Inv. LLC (2026 NY Slip Op 03376...
Idaho Adopts the “Reasonable Expectations” Test for LLC Member Oppression and Rejects Dissolution on Unpleaded “Illegal Conduct” Grounds Introduction BEARDSLEE v. RATLIFF FAMILY LLC, NO. 1 (Idaho...
Rule 68 “More Favorable” Comparison Excludes Counterclaim Offsets and Looks Only to the Claim the Offeror Defends 1. Introduction In Susan Cornelius, as Personal Representative of the Estate of...
Individualized Findings Required for U.S.S.G. § 2B1.1(b)(10)(C) “Sophisticated Means”; Leadership May Establish “Caused” Conduct Case: United States v. Betsy Alexandra Medina (consolidated with...
Individualized “Sophisticated Means” Findings Required; Leadership Role Can Satisfy the Intent Requirement Under U.S.S.G. § 2B1.1(b)(10)(C) I. Introduction This unpublished consolidated Eleventh...
ALJs Must Address SSR 19-4p and Listing 11.02(B) When Evaluating Migraines at Step Three Case: Pakita Wright v. Commissioner of Social Security Court: United States Court of Appeals for the Eleventh...
Parens Patriae Cannot Supply Standing in Ohio Mandamus Actions: Attorney General Must Show Direct Beneficial Interest or Statutory Authority Introduction In State ex rel. Yost, Atty. Gen., v....
U.S.S.G. § 2K2.1(b)(6)(B) “In Connection With” Satisfied When the Firearm Is an Element of a Distinct Concealed-Carry Felony; Unpronounced Supervised-Release Conditions Must Be Vacated Case: United...
Sufiyan v. Blanche: The BIA Must Make “But-For” Merits Findings When the Material Support Bar Is Dispositive and a DHS Waiver Requires “Otherwise Eligible” Status I. Introduction In Sufiyan v....
Visual-Simulation Requirement Extends to Solar-Project Substations as Part of the “Facility” Under Ohio Power Siting Board Rules In re Application of Oak Run Solar Project, L.L.C., Slip Opinion No....
BP3 Capital, LLC v. 5120 Realty Corp.: Apparent Authority in Corporate Mortgage Closings Requires Principal-Based Conduct and a Reasonable Lender Inquiry (and CPLR 3025(b) Amendments Should Be...
Unverified Generative-AI Case Citations Are “Frivolous Conduct” Under 22 NYCRR 130-1.1—Even for Pro Se Appellants Case: Matter of Julien v Arthur, 2026 NY Slip Op 03308 (App Div 2d Dept May 27, 2026)...
Denial of Summary Judgment Does Not Bar Trial Finding of “Willful and Avowed Obstruction” Supporting a Noncooperation Disclaimer Under Insurance Law § 3420 1. Introduction Foddrell v Utica First Ins....
Environmental Deed Restrictions May “Run with the Land” by Surrounding Circumstances; Tax-Deed/Redemption Does Not Merge Away Recorded Restrictions 1. Introduction Case: U & Me Homes, LLC v County of...