Puerto Rico Case Commentaries

NOI Tolling Applies to the Wrongful-Death Saving Period Under MCL 600.5852 (Overruling Waltz v Wyse)

Date: Jul 31, 2026

NOI Tolling Applies to the Wrongful-Death Saving Period Under MCL 600.5852 (Overruling Waltz v Wyse) Introduction Estate of Maurice Ernest v. Paul W. Brown, Jr., M.D., et al. (Mich. July 29, 2026) is...

HADA Authorizes HOA “Implied-Warranty-Type” Construction-Defect Actions for Common Areas and Member-Owned Units

Date: Jul 31, 2026

HADA Authorizes HOA “Implied-Warranty-Type” Construction-Defect Actions for Common Areas and Member-Owned Units Introduction Gallery Community Association v. K. Hovnanian at Gallery, LLC, et al....

“Masturbation” in Wyoming Child Sexual Exploitation Includes Digital Penetration and Sex-Device Penetration; Unanimity Concerns Defeated by Count-Specific Instructions

Date: Jul 31, 2026

“Masturbation” in Wyoming Child Sexual Exploitation Includes Digital Penetration and Sex-Device Penetration; Unanimity Concerns Defeated by Count-Specific Instructions Introduction In William John...

General Release Bars Unknown Fraud Claims Absent “Separate Fraud”; Capital Contributions Do Not Create Shareholder Fiduciary Duties

Date: Jul 31, 2026

General Release Bars Unknown Fraud Claims Absent “Separate Fraud”; Capital Contributions Do Not Create Shareholder Fiduciary Duties 1. Introduction Crane v. WP Strategic Holdings, LLC (2026 NY Slip...

Village Chief Executive May Unilaterally Agree to Accretion; Unit Clarification Cannot Be Used to Remove an Accreted Title as “Managerial”

Date: Jul 31, 2026

Village Chief Executive May Unilaterally Agree to Accretion; Unit Clarification Cannot Be Used to Remove an Accreted Title as “Managerial” 1. Introduction Matter of Village of Monticello v AFSCME...

Anti-Assignment Clauses Void Unauthorized Transfers Beyond Payment Rights and Bar Pro Se Assignees From Suing on Corporate Contracts

Date: Jul 31, 2026

Anti-Assignment Clauses Void Unauthorized Transfers Beyond Payment Rights and Bar Pro Se Assignees From Suing on Corporate Contracts Introduction Staubs v State of New York (2026 NY Slip Op 04804 [3d...

People v. Barber: Miranda Custody in Prison When Officers Impose “Added Restraint” (Frisk Room/Keep-Lock Questioning)

Date: Jul 31, 2026

People v. Barber: Miranda Custody in Prison When Officers Impose “Added Restraint” (Frisk Room/Keep-Lock Questioning) 1. Introduction People v Barber (2026 NY Slip Op 04796 [3d Dept July 30, 2026])...

NYCHHC Employees Must Prove General Municipal Law § 50-k(4) Compliance Before Winning Notice-of-Claim Dismissal

Date: Jul 31, 2026

NYCHHC Employees Must Prove General Municipal Law § 50-k(4) Compliance Before Winning Notice-of-Claim Dismissal Introduction Williams v Biggs (2026 NY Slip Op 04791 [2d Dept July 29, 2026]) arises...

Reasoned Commercial-Corridor Zoning Exceptions for Cannabis Dispensaries Satisfy Town Law § 262 Uniformity; Preemption Challenges Are Academic Absent Entitlement

Date: Jul 31, 2026

Reasoned Commercial-Corridor Zoning Exceptions for Cannabis Disensaries Satisfy Town Law § 262 Uniformity; Preemption Challenges Are Academic Absent Entitlement 1. Introduction Matter of Tink & E....

Matter of Cela: Federal Marijuana Distribution Felony Warrants Three-Year Attorney Suspension Under “Serious Crime” Discipline Framework

Date: Jul 31, 2026

Matter of Cela: Federal Marijuana Distribution Felony Warrants Three-Year Attorney Suspension Under “Serious Crime” Discipline Framework 1. Introduction Matter of Cela (2026 NY Slip Op 04766) is an...

Termination for Failure to Provide a Return-to-Work Date Defeats NYSHRL/NYCHRL Pregnancy-Discrimination and Retaliation Claims on Summary Judgment

Date: Jul 31, 2026

Termination for Failure to Provide a Return-to-Work Date Defeats NYSHRL/NYCHRL Pregnancy-Discrimination and Retaliation Claims on Summary Judgment 1. Introduction In Leibowitz v New York County...

Labor Law Verdict Consistency: Industrial Code Violations Without Proximate Cause Stand When Negligence and Causation Are Not “Inextricably Interwoven”

Date: Jul 31, 2026

Labor Law Verdict Consistency: Industrial Code Violations Without Proximate Cause Stand When Negligence and Causation Are Not “Inextricably Interwoven” 1. Introduction Gomez v City of New York (2026...

Personal-Participation Pleading Required to Sue an LLC Managing Member; Conclusory Remediation Negligence and Negligent Hiring Claims Dismissed at CPLR 3211 Stage

Date: Jul 31, 2026

Personal-Participation Pleading Required to Sue an LLC Managing Member; Conclusory Remediation Negligence and Negligent Hiring Claims Dismissed at CPLR 3211 Stage Introduction In D & A Grandview, LLC...

State v. Trevizo: Three-Part Waiver Test for Third-Party Presence and a Narrow Mandatory-Reporting Exception to Physician-Patient Privilege

Date: Jul 31, 2026

State v. Trevizo: Three-Part Waiver Test for Third-Party Presence and a Narrow Mandatory-Reporting Exception to Physician-Patient Privilege 1. Introduction In State v. Trevizo (N.M. July 30, 2026),...

Disbarment Presumed When Felony Payroll-Tax Crime Arises from Law Practice and Client Funds Are Intentionally Misappropriated

Date: Jul 31, 2026

Disbarment Presumed When Felony Payroll-Tax Crime Arises from Law Practice and Client Funds Are Intentionally Misappropriated Introduction In In re Petition for Disciplinary Action against Kassius O....

Conspiracy to Commit First-Degree Controlled-Substance Sale Requires Intent as to Statutory Weight Threshold

Date: Jul 31, 2026

Conspiracy to Commit First-Degree Controlled-Substance Sale Requires Intent as to Statutory Weight Threshold Case: State of Minnesota v. Mohamed Abdulgani Ahmed (Minn. Sup. Ct. July 29, 2026) Author:...

Post-Termination Visitation Requires Best-Interests Findings Under Amended Rule 15(b)(2)(A), and Case-Plan “Compliance” Does Not Bar Termination Absent Real Parenting Change

Date: Jul 31, 2026

Post-Termination Visitation Requires Best-Interests Findings Under Amended Rule 15(b)(2)(A), and Case-Plan “Compliance” Does Not Bar Termination Absent Real Parenting Change 1. Introduction Case: In...

Confidentiality in Abuse-and-Neglect Cases Authorizes Limits on Public Disclosures; Disposition Is Not a Vehicle to Relitigate Adjudication (In re M.M.-1)

Date: Jul 31, 2026

Confidentiality in Abuse-and-Neglect Cases Authorizes Limits on Public Disclosures; Disposition Is Not a Vehicle to Relitigate Adjudication (In re M.M.-1) Introduction In In re M.M.-1 (W. Va. July...

Separation from an Abuser Alone Does Not Substantially Correct “Failure-to-Protect” Conditions Warranting Termination

Date: Jul 31, 2026

Separation from an Abuser Alone Does Not Substantially Correct “Failure-to-Protect” Conditions Warranting Termination Case: In re J.H., No. 25-545 (W. Va. Sup. Ct. App. July 28, 2026) (memorandum...

State v. Martinez: “Damage” Under Montana Criminal Mischief (§ 45-6-101(1)(a), MCA) Requires Proof of Damage Producing Pecuniary Loss; Ability-to-Pay Requires a Serious, Evidence-Based Inquiry

Date: Jul 31, 2026

State v. Martinez: “Damage” Under Montana Criminal Mischief (§ 45-6-101(1)(a), MCA) Requires Proof of Damage Producing Pecuniary Loss; Ability-to-Pay Requires a Serious, Evidence-Based Inquiry 1....