Emergency-Aid Seizures After Case v. Montana: Objective Reasonableness (Not Probable Cause) Governs Fourth Amendment Emergency Intervention Case: Abigail Jean Marbut v. Matthew Phillips, No. 24-13309...
Scope of Employment Does Not Make a State Employee a “Named Insured” for UM/UIM When Driving a Personal Vehicle; § 27-7-2.1 Does Not Require UM/UIM to Track Liability Coverage 1. Introduction In...
Owner-Landlord Control and Knowing Drug Use Can Satisfy the “Maintained” and “Purpose” Elements of U.S.S.G. § 2D1.1(b)(12); Brady Materiality Is Not Shown Where FBI 302 Summaries Provide the Key...
Nonfinal Duty-to-Defend Dismissals Are Not “Practical” Injunctions: Limits on Interlocutory Appellate Jurisdiction Under 28 U.S.C. § 1292(a)(1) I. Introduction Northfield Insurance Company v. North...
No “Vertical” Separation of Powers: Delaware General Assembly May Reclaim Delegated Zoning Authority and Retroactively Deem Utility Substation Permits Approved Introduction In Town of Fenwick Island...
Mann v. Mezuyon, LLC: 12 NYCRR 23-4.2 (k) Is Too General to Predicate Labor Law § 241 (6) Vicarious Liability 1. Introduction Case: Mann v Mezuyon, LLC, 2026 NY Slip Op 03257 (Ct App May 26, 2026)....
Affidavits Cannot Cure Missing Ownership Attachments: Debt Buyers Must Plead Non-Affidavit Proof of Account-Specific Ownership Under § 5-16-111(2)(b) I. Introduction In Wright v. Portfolio Recovery...
Partial Traffic-Signal Failure Can Display “Conflicting Directions” Under the CGIA, Waiving Sovereign Immunity I. Introduction In Bernard E. SANDOVAL v. CITY OF COLORADO SPRINGS, the Colorado Supreme...
People v. Meyers: Reconstruction Hearing as an Adequate Substitute Record Despite Grossly Defective Stenographic Minutes I. Introduction People v Meyers (2026 NY Slip Op 03261 [May 26, 2026])...
In re Marriage of Dale: Quantitative Parenting-Time Reductions Are Modifications (Not Restrictions) Unless Parenting Time Is Eliminated; Restrictions Require Qualitative Constraints 1. Introduction...
“Employer Within the State” Includes Out-of-State Employers When Discrimination Impacts Work Performed in New York Case: Arizzo v Ethicon, Inc., 2026 NY Slip Op 03262 (App Div, 1st Dept May 26, 2026)...
SSI Interim Assistance Reimbursement for Work-Conditioned Safety Net Benefits Does Not Create an FLSA “Kick-Back” Case: Matter of Andersen v. Hein, 2026 NY Slip Op 03259 (NY Ct App May 26, 2026)...
People v. Harris: Prior Guilty Plea to Simple Firearm Possession Does Not Bar Later Murder Prosecution Absent the “Same Criminal Transaction” Under CPL 40.40(2) New York Court of Appeals Rivera, J....
Illegal Plea Sentences, Disqualified Prosecutors, and “Lawful Equivalents”: When No Santobello Resentencing Is Required Case: People v. Flesch, 2026 NY Slip Op 03258 (Ct App May 26, 2026) (Rivera,...
Parole Revocation: Administrative Appeal to the Parole Board Is a Jurisdictional Prerequisite to Crim. P. 35(c) Review Introduction In People v. Abdul-Rahman, the Colorado Supreme Court addressed...
Virginia Code § 18.2-53.1 (Firearm-in-Commission of Robbery) Is Not a Guidelines “Crime of Violence” Under the Elements Clause; Sentencing Error Not Harmless Without a Defensible Variance Rationale...
Texas Takings Liability for Police-Caused Emergency Destruction, with Post-Reversal Reelection of Remedies (Baker v. City of McKinney) Court: U.S. Court of Appeals for the Fifth Circuit (Per Curiam)...
Reaffirming McDonnell Douglas for Circumstantial Title VII Claims and Rejecting “Motivating Factor” Proof by Generalized “Who Can Say What” Testimony I. Introduction Bassett v. Gray Media Group is a...
CVRA Mandamus Is Limited to Enforcing Enumerated Victims’ Rights, Not Substantive Review of Rule 48 Dismissals Case: Naoise Ryan v. United States (captioned In re Naoise Connolly Ryan; Emily...
CVRA Mandamus Is Limited to Enforcing Enumerated Victims’ Rights, Not Substantive Review of Rule 48(a) Dismissals I. Introduction In re Naoise Connolly Ryan; Emily Chelangat Babu; Joshua Mwazo Babu;...