Alienation-Induced Child Refusal Supports Civil Contempt for Visitation Violations (and Termination of a Parent’s Rights Requires a Cross-Petition) 1. Introduction Matter of Brady J. S. v Darla A. B....
Discovery “Illusory COC” Claims Rejected Where Grand Jury Minutes Were Unavailable and Later Supplemented; Delay Sounds in Sanctions, Not Invalidity 1. Introduction People v Coleman (2026 NY Slip Op...
People v Milton: Pedigree Exception Applies to On-Scene Identification Questions Even in Custody, Absent an Objective “Disguised” Investigatory Purpose Case: People v Milton, 2026 NY Slip Op 04584...
People v. Wightman: No Jurisdictional Defect Where SCI Omits Predicate Conviction Barred by CPL 200.60; Defects in Special Information Are Waived by Guilty Plea Case: People v Wightman Citation: 2026...
“Furtherance” Under CPL 722.23(2)(c)(ii) Requires More Than Mere Display When the Charged Offense Is Weapon Possession 1. Introduction People v. Neyshaliz M. V. (2026 NY Slip Op 04581 [4th Dept July...
People v. Wright: Tarasoff-Style “Public Peril” Disclosures Do Not Authorize Later Trial Testimony; Physician–Patient Privilege Reattaches Once Exigency Ends Court: Appellate Division, Fourth...
People v. Bentley: Orders of Protection Must State a CPL 530.13-Compliant Expiration Date and May Not Exceed Eight Years Beyond the Maximum Prison Term Expiration 1. Introduction In People v Bentley...
CPLR 213-c Extends the Limitations Period Without Creating Penal Law Civil Claims; “Physically Helpless” May Include Conscious Incapacity to Communicate Nonconsent 1. Introduction In Gianna T. D. v...
Edwards v. Singer — Sequelae of Known Injuries Do Not Establish Mutual Mistake to Void a Broad Personal-Injury Release on a CPLR 3211(a)(5) Motion 1. Introduction In Edwards v Singer (2026 NY Slip Op...
Summary Judgment on a Personal Guaranty Requires Proof of the Specific “Guaranteed Obligations” in a Revenue Purchase Agreement Case: EBF Holdings, LLC v Defiant Arms, L.L.C. (2026 NY Slip Op 04563,...
“Along” Is Not “Within”: Highway Law § 349-e Does Not Plainly Alienate Humboldt Parkway Parkland, and Green Amendment Claims May Proceed Based on Ongoing Expressway Operations I. Introduction East...
Postconviction Relief Is Limited to Vacating or Setting Aside the Judgment—Not a Standalone Vehicle to Litigate the Act’s Constitutionality or Obtain an Evidentiary Hearing I. Introduction In State...
Section 230 Preempts State-Mandated Social-Media “Monitoring and Filtering,” and Indirect Chill Theories Require a Clear Showing of Predictable Platform Censorship Case: Students Engaged in Advancing...
Unauthorized Prescriptions as “Distribution”: § 856(a)(1) Drug-Premises Liability for Medical Clinics and Post-Ruan Proof of Practitioner Mens Rea 1. Introduction United States v. Talbot (5th Cir....
Fifth Circuit Clarifies § 1782 Quash Review: “Some Explanation” May Be Drawn from the Full Record; No “Authoritative Proof” Requirement for Foreign Receptivity 1. Introduction In Candel & Partners v....
Section 230 Preempts State-Mandated Social Media Content Filtering for Minors; Speculative Third-Party “Chill” Cannot Establish Pre-Enforcement Standing Case: Computer & Comm v. Paxton (consolidated...
U.S.S.G. § 2K2.1(c)(1) Homicide Cross-Reference Requires the Firearm Be “Cited in the Offense of Conviction” I. Introduction In United States v. Murphy (5th Cir. July 23, 2026), the Fifth Circuit...
Habeas Jurisdiction Lies in the District of Removal When ICE Conceals Custody Through Rapid, Secret Transfers; INA §§ 1252(g), 1252(b)(9), and 1252(a)(5) Do Not Bar Detention-Only Constitutional...
Permanent SIJ Parentage Bar: SIJ Recipients Cannot Ever Confer Immigration Benefits on Natural or Prior Adoptive Parents 1. Introduction In Josue Fuentes v. United States Citizenship and Immigration...
Mandamus Denied Absent Undue Delay: Administrative Termination and Rule 17(c) Case-Management Disputes Must Be Litigated in the District Court Case: In re: Jayden Martin (Petitioners: Jayden Martin &...