State v. Nelson (2026 UT 33): “Double Deference” Governs Ineffective-Assistance Claims Premised on an Unmade Directed-Verdict Motion, and Evidence Must Be Viewed in Favor of the Jury’s Verdict 1....
Climate Sols. v. State: Washington Clarifies “Horizontal” and “Vertical” Rational Unity Under Article II, Section 19 and Rejects an Omnibus Exception I. Introduction In Climate Solutions, et al. v....
Retirement Does Not Defeat Lawyer Discipline: Default-Based Proof and a One-Year Suspension for Probate Mismanagement, Unreasonable Fees, and Criminal Misconduct 1. Introduction Office of Lawyer...
Retirement Does Not Defeat Disciplinary Jurisdiction: One-Year Suspension for Knowing Estate/Trust Misconduct and Egregious Misdemeanor Conduct in Default 1. Introduction Office of Lawyer Regulation...
Knowingly Presenting an Immigration Document with No Reasonable Basis in Law or Fact (18 U.S.C. § 1546(a), Paragraph Four) Categorically Constitutes a CIMT 1. Introduction In Nemis v. Blanche (2d...
Second Circuit: “Limited Partner” (I.R.C. § 1402(a)(13)) Means Limited Liability and No Managerial Control; NESE Is a TEFRA Partnership Item Reviewable in FPAA Proceedings 1. Introduction Case:...
Mandamus Is Unavailable to Upset a Primary Election Tie-Breaker When a Statutory Election Contest Remedy Existed; Court Flags Need for Timely Public Access to Overage/Underage Data 1. Introduction...
Referee “Hear-and-Determine” Decisions as Court Mandates Enforceable by Civil Contempt in Matrimonial Equitable Distribution Case: Brandford v Brandford, 2026 NY Slip Op 05270 (App Div, 2d Dept Sept....
Contractors Cannot Sue for Damages Under General Municipal Law § 101(5); Conclusory Third-Party Beneficiary and Unjust Enrichment Pleadings Fail at CPLR 3211(a)(7) 1. Introduction In Civetta Mech.,...
Leave-to-Amend Orders Have No Preclusive Effect on RGB Rent-Increase Entitlement; Minimum-Dollar RGB Increases Must Be Preserved in the Renewal Lease Introduction Case: Matter of Hillside Place, LLC...
Conclusive Security Claims Do Not Justify Blanket FOIL Withholding: Mandatory In Camera Review for Cybersecurity Contracts and Executive Calendars 1. Introduction Case: Matter of Newsday, LLC v....
Ortiz v. Blanche: Reaffirming the “Futile or Dangerous to Report” Requirement for Unreported Private-Actor Persecution in Asylum Cases 1. Introduction In Ortiz v. Blanche (10th Cir. Sept. 16, 2026),...
Reaffirming Broad Digital-Warrant Searches, Rule 702 “Teaching Experts,” and Harmless-Guidelines Review in a RICO Sex-Trafficking Prosecution Introduction In United States v. James Goode (3d Cir....
Third Circuit Reinforces Deference in Multi-Defendant RICO/Sex-Trafficking Trials: Joint-Trial Preference, “Teaching Expert” Fit, Broad Digital Warrants, and Attempt as “Substantial Step” Case:...
“Overall Project Purposes” Under CWA § 404(b) May Include Multiple Interconnected Objectives Case: Save The Colorado v. Graham (10th Cir.) Date: September 15, 2026 Panel: Holmes (C.J.), Tymkovich,...
Legislative Cutbacks to Earned-Time Credits Are Not Subject to Procedural Due Process; Victim-Expectation Carveouts Survive Common Benefits Review I. Introduction In Chavis Murphy v. Nicholas Deml...
FAPA Renewal Rule: Voluntary Discontinuance Does Not De-Accelerate or Reset the Mortgage Foreclosure Limitations Period 1. Introduction Bank of N.Y. Mellon v Conforti (2026 NY Slip Op 05262 [2d Dept...
Bellavia v. Hoppenstein: Nonconforming CPLR 2106 Party Affirmations Cannot Supply Facts on CPLR 3211 Motions (but Legal Argument May Still Be Considered) Case: Bellavia v Hoppenstein, 2026 NY Slip Op...
Documentary Evidence Can Defeat Short-Sale “Condition Precedent” Theories at the Pleading Stage, Enforcing Time-of-the-Essence Default and Down-Payment Forfeiture 1. Introduction Clarke v Spino (2026...
Foley v. Foley: Civil Contempt May Enforce an Unpaid Matrimonial Distributive Award Where Execution Is Not Legally Available; Issues Are Forfeited After an Abandoned Cross-Appeal 1. Introduction In...