Rule 3:25(b) Requires Pleading the Fee Basis: Notice, Incorporation by Reference, or Attachment Is Not Enough Case: Pinnacle Flooring Solutions, LLC v. Premier Homes Group, LLC Court: Supreme Court...
Relation Back Allows Adding a Time-Barred Insurer Subrogation Plaintiff Where the Original Pleading Noticed the Same Occurrences 1. Introduction In 217 Trust v VIR Constr., Inc (2026 NY Slip Op 04824...
Summary Judgment for Breach of Contract Requires Prima Facie Proof of the Plaintiff’s Own Performance (and Cannot Be Cured by Reply Papers) 1. Introduction In International Bus. Machs. Corp. v Mullen...
State v. Federico: Mistrial Required When Prosecutors (1) Inject Suppressed/Extra-Record Warrant Facts and (2) Urge Jurors to Justify a Verdict to “Loved Ones” 1) Introduction Case: State v....
People v. SanMiguel: Section 231.7(g) Requires a Functional Case-Relevance Explanation for Demeanor Strikes, and (In)Validity Is Not Dispositive of the Ultimate Discrimination Inquiry I. Introduction...
Ongoing-Storm Rule: Ordinary Salting During Active Precipitation Is Not “Unusual Circumstances” Triggering a Commercial Landowner’s Mid-Storm Duty Introduction In Haydee Gallardo v. Walmart (Supreme...
Prospective Supervisory Reform Requires Only “Prudence and Good Sense”: A Call to Abolish Consciousness-of-Guilt Instructions I. Introduction In State v. Kim (Concurrence in Part & Dissent in Part)...
Corporate Fleet UIM Stacking Barred for Employee-Occupants: § 27-7-2.1(i) Inapplicable Absent Premium Payment by the Insured Introduction In Shilo D. Horsman, individually, and in her capacity of as...
§ 9-19-27 Does Not Govern Medical Records Used Solely for Impeachment; Party Testimony Can Supply Rule 901 Authentication Case: Yohaira Galindez v. Rhode Island Public Transit Authority et al. Court:...
GARA Misrepresentation Exception Requires Specific Fact Pleading Before Discovery; “New Parts” Rolling Provision Demands Proof of Manufacturer and Causation 1. Introduction In Carol Williams,...
People v Sanders: Confessions During Unlawful Post-Arrest Detention Are Suppressed Unless Attenuated (Overruling People v Manning) Court: Supreme Court of Michigan | Date: July 30, 2026 | Case:...
First Amendment Bars Factfinder Review of Clergy’s Doctrinal “Reasonable and Necessary” Determination Under A.R.S. § 13-3620(A) I. Introduction DOE v. THE CORPORATION (Ariz. July 30, 2026) addresses...
Post-Default Conduct Cannot Waive Defective Service or “Unvoid” a Void Entry of Default (Arizona) Introduction McMahan v. Grasshopper Trans, Inc. (Ariz. July 30, 2026) addresses a recurring...
Labor Law § 240(1) May Reach Falls on Permanent Stairways Used as Work Access (Including Lighting-Based Safety-Device Theories), and “Arising Out Of” Indemnity Is Triggered by Injury Tied to...
COVID Executive-Order Tolling Preserves Motion Deadlines; Fraud and Judiciary Law § 487 Claims Against Adversary Counsel Require Justifiable Reliance and Intent to Deceive Introduction In Williams v...
Automatic Surveillance Deletion Without Litigation Notice Bars CPLR 3126 Spoliation Sanctions; Unforeseeable Bar Assault Warrants Summary Judgment 1. Introduction Toal v DJB Tap, Inc. (2026 NY Slip...
Cannabis Law § 72 School-Setback Is a Statewide Ceiling: Municipalities May Not Expand the Distance or Alter Measurement for Licensed Dispensaries 1. Introduction In Matter of 1086 OCR, LLC v Town of...
Nonservice of Protection-Order Hearing Notice and On-the-Record Omissions as Potential MRPC 3.4 and 8.4 Misconduct (Matter of Hilary J. Oitzinger) 1. Introduction The provided text is not a merits...
State v. Castillo (2026 UT 26): Abandonment Waives Rule 702 Reliability Objections; Generic “Victim” References and Unpreserved Robbins Claims Do Not Support Reversal I. Introduction In State v....
Rule 65C(h)(3) Is Not a “New-Claim” Gateway: PCRA Amendments After One Year Must Satisfy Rule 15(c) Relation Back I. Introduction In Nunez v. State, 2026 UT 25, the Utah Supreme Court addressed...