“As Is, Where Is” Auction Disclaimers Defeat Condition-Based Claims Absent Proof of a Specific Pre-Sale Representation and Reliance Case: Lovett, Charles v. Bayshore Ford Truck Sales, Inc. Court:...
Settlement Stipulation and Acquiescence Can Establish Common-Law Dedication of a Public Trail 1. Introduction In John Gerlach and Debra Gerlach v. Town of Chittenden (2026 VT 25), the Vermont Supreme...
Mere Knowledge of a Competing Deal Is Not “Inducement”: Nebraska Clarifies Tortious Interference and Reinforces Competitor’s Privilege 1. Introduction Bar at the Yard v. Friends Family, 321 Neb. 606...
ERA’s Age-Equality Guarantee Does Not Implicitly Repeal New York’s Mandatory Judicial Retirement Rule Introduction Matter of Miller v. State of New York (2026 NY Slip Op 03907) presented the New York...
No Common-Law Duty on Adjoining Owners to Prevent Excavation Stop-Work Delays; Pure Economic Loss Unrecoverable 1. Introduction In 1992 Third Realty LLC v Third Ave NY Realty LLC (2026 NY Slip Op...
EMS and Ambulance Companies Are Not “Providers of Health Care” (and Ambulances Are Not “Clinics”) Under NRS Chapter 41A 1. Introduction In RBR Management, LLC v. The Eighth Judicial District Court of...
Scientific Consensus on Late Brain Development Is Not “Newly Discovered Evidence” in Successive Florida Death-Penalty Postconviction Motions I. Introduction In Harold Lee Harvey, Jr. v. State of...
Ohio “Blue Sky” Rescission Liability Requires a Sale-Nexus: Routine Post‑Sale Brokerage Services Are Not “Participat[ing] in or Aid[ing] … in Making” an Unlawful Sale Under R.C. 1707.43(A) I....
People v. Scott: Continuing Menace and Retained Control Can Supply the “Immediate Force” Element of Robbery 1. Introduction Case: People v Scott, 2026 NY Slip Op 03844 (App Div 3d Dept June 18,...
Fiduciaries Cannot Be Liable for Aiding and Abetting Their Own Fiduciary Breach; Corporate “Residency” for CPLR 202 May Require Discovery Where Operations and Formal Domicile Diverge 1. Introduction...
People v. Childs — Harmless Error Standard for “Twin-Count” Murder Submissions with Proper Inconsistent-Count Charge 1. Introduction In People v Childs (2026 NY Slip Op 03846 [3d Dept June 18,...
Race-Exclusive State Grant Programs Fail Strict Scrutiny After SFFA; Wisconsin Taxpayer Standing Requires Only Alleged Illegal Expenditure I. Introduction Konkanok Rabiebna, et al. (a group of...
NRS 295.061(3) Limits Renewed District-Court Challenges—Not Appellate Review—of a Court-Modified Description of Effect I. Introduction BURTCH v. AGUILAR (BALLOT ISSUE) is a Nevada Supreme Court...
Young-Factor Findings Required When NRCP 37(c)(1) Evidence Preclusion Functionally Ends the Case I. Introduction Zhang v. Zhang, 142 Nev., Advance Opinion 45 (June 18, 2026), arises from a dispute...
Digital Platforms May Be Compelled to Disclose Political-Ad Targeting and Delivery Data Under Washington’s FCPA Without Violating the First Amendment (As Applied) Commentary on State v. Meta...
State v. Vasquez: Smith v. Arizona Does Not Excuse Waiver of Confrontation Clause Objections to Supervisory DNA Testimony 1. Introduction In State v. Francisco Vasquez (R.I. June 18, 2026), the Rhode...
State v. Lovejoy (2026 VT 26): “Open and Gross Lewdness” Is Not a Lesser-Included Offense of § 2602(a)(1), and “Lewd or Lascivious” Is Disjunctive I. Introduction In State v. Dean A. Lovejoy, the...
State v. Mata (2026): Express Disapproval of “Exhibit Dumps”—Offering Particularly Large Numbers of Cumulative Exhibits in Postconviction Proceedings Case: State v. Mata, 321 Neb. 566 (Neb. June 18,...
For-Profit Nursing Home Medicaid Rate-Setting: Land Acquisition Value Excluded from Capital “Equity” Reimbursement; Methodological Challenges Must Be Brought Within Four Months 1. Introduction Matter...
EDTPA Immunity Requires a Case-Specific Nexus Between COVID-19 Response and the Alleged Malpractice (Not Mere Pandemic-Era Constraints) 1. Introduction Back v Facey (2026 NY Slip Op 03858) is a Third...