actual-knowledge-is-awareness-of-the-hazard-itself Case Commentaries

Tenth Circuit: Adult-Pornography Bans on Supervised Release Require Evidence-Based Nexus and Narrow Tailoring Beyond “Online Age-Confusion”

Date: Jul 2, 2026

Tenth Circuit: Adult-Pornography Bans on Supervised Release Require Evidence-Based Nexus and Narrow Tailoring Beyond “Online Age-Confusion” Introduction In United States v. Caraballo (10th Cir. June...

Due Process Requires the Government to Disprove Imperfect Self-Defense Beyond a Reasonable Doubt When the Theory Is Submitted to the Jury

Date: Jul 2, 2026

Due Process Requires the Government to Disprove Imperfect Self-Defense Beyond a Reasonable Doubt When the Theory Is Submitted to the Jury Introduction In United States v. Lynn (10th Cir. June 30,...

Viewpoint-Neutrality Required When Government Creates a Press-Credential Access Forum

Date: Jul 2, 2026

Viewpoint-Neutrality Required When Government Creates a Press-Credential Access Forum Utah Political Watch v. Musselman (10th Cir. June 30, 2026) Core takeaway: When a legislature creates a...

First Amendment Political-Discrimination Protection Extends to Non-Reappointment/Non-Hiring; “Trust” Labels Are Not Dispositive

Date: Jul 2, 2026

First Amendment Political-Discrimination Protection Extends to Non-Reappointment/Non-Hiring; “Trust” Labels Are Not Dispositive Case: Lopez Collazo v. Ruiz-Feliciano Court: United States Court of...

Arizona Adopts Overbreadth Review and an Arizona-Specific “Meaningful Transparency / No Unreasonable Burden” Test for Compelled Electoral Donor-Disclosure Under the Speak Freely Clause

Date: Jul 2, 2026

Arizona Adopts Overbreadth Review and an Arizona-Specific “Meaningful Transparency / No Unreasonable Burden” Test for Compelled Electoral Donor-Disclosure Under the Speak Freely Clause I....

EPCA Does Not Expressly Preempt State and Local Building-Electrification Measures that Ban Fossil-Fuel Appliances

Date: Jul 2, 2026

EPCA Does Not Expressly Preempt State and Local Building-Electrification Measures that Ban Fossil-Fuel Appliances Case: N of Contracting Plumbers v. City of New York; Mulhern Gas Co., Inc. v. Mosley...

Post-Mahmoud Limits on Yoder: School Vaccination Mandates Do Not Trigger “Same-Character” Parental Free-Exercise Strict Scrutiny

Date: Jul 2, 2026

Post-Mahmoud Limits on Yoder: School Vaccination Mandates Do Not Trigger “Same-Character” Parental Free-Exercise Strict Scrutiny I. Introduction Miller v. McDonald (2d Cir. June 30, 2026) addresses...

CDP Verification Must Include § 6751(b)(1) Supervisory Approval—Even After Prior Liability Adjudication

Date: Jul 2, 2026

CDP Verification Must Include § 6751(b)(1) Supervisory Approval—Even After Prior Liability Adjudication Case: Besicorp v. Commissioner of Internal Revenue (consolidated appeals) Court: U.S. Court of...

Florida Appellate Briefing Now Requires a Jurisdictional Statement and Issue-by-Issue Preservation/Standard-of-Review Disclosures

Date: Jul 2, 2026

Florida Appellate Briefing Now Requires a Jurisdictional Statement and Issue-by-Issue Preservation/Standard-of-Review Disclosures Case: In Re: Amendments to Florida Rules of Appellate Procedure...

No Suppression Remedy for Violations of Florida’s Search-Warrant Knock-and-Announce Statute (Receding from State v. Cable)

Date: Jul 2, 2026

No Suppression Remedy for Violations of Florida’s Search-Warrant Knock-and-Announce Statute (Receding from State v. Cable) Introduction In State of Florida v. Keith Alexander Times (Fla. June 25,...

Roberts v. State (Fla. 2026): Case-by-Case “Meaningful” Nunc Pro Tunc Competency Determinations; No Bright-Line Evidentiary Requirements

Date: Jul 2, 2026

Roberts v. State (Fla. 2026): Case-by-Case “Meaningful” Nunc Pro Tunc Competency Determinations; No Bright-Line Evidentiary Requirements I. Introduction In William F. Roberts v. State of Florida, the...

General Obligations Law § 5-335 Bars Subrogation of Statutory Short-Term Disability Benefits Despite Workers’ Compensation Law § 227

Date: Jul 2, 2026

General Obligations Law § 5-335 Bars Subrogation of Statutory Short-Term Disability Benefits Despite Workers’ Compensation Law § 227 Trombetta v. Eklecco Newco, LLC, 2026 NY Slip Op 04222 (App. Div....

Outpatient Hospital Radiology Is “Discrete and Complete” for Continuous-Treatment Tolling; Conclusory Expert Proof Defeats Hospital Summary Judgment

Date: Jul 2, 2026

Outpatient Hospital Radiology Is “Discrete and Complete” for Continuous-Treatment Tolling; Conclusory Expert Proof Defeats Hospital Summary Judgment 1. Introduction Hidalgo v Darakchiev (2026 NY Slip...

Conclusory “Wanton/Reckless” Pleading Cannot Sustain Punitive Damages in Adjoining-Construction Tort Claims; Trespass/Nuisance/Negligence May Proceed Past CPLR 3211

Date: Jul 2, 2026

Conclusory “Wanton/Reckless” Pleading Cannot Sustain Punitive Damages in Adjoining-Construction Tort Claims; Trespass/Nuisance/Negligence May Proceed Past CPLR 3211 1. Introduction In CK Real Estate,...

Parallel Out-of-State Litigation Does Not Excuse Untimely Service: CPLR 306-b Extensions Require Diligence and Proof of Notice

Date: Jul 2, 2026

Parallel Out-of-State Litigation Does Not Excuse Untimely Service: CPLR 306-b Extensions Require Diligence and Proof of Notice 1. Introduction Farage v. Garden State Veterinary Specialists, Inc....

Nimkoff v. Waldbaum: Judiciary Law § 487 Targets Only Conduct Undertaken “as an Attorney,” and DRL § 235 Materials Are “Confidential Personal Information” in Other Civil Filings

Date: Jul 2, 2026

Nimkoff v. Waldbaum: Judiciary Law § 487 Targets Only Conduct Undertaken “as an Attorney,” and DRL § 235 Materials Are “Confidential Personal Information” in Other Civil Filings 1. Introduction...

Pietras v. MIP Holdings, Ltd. — Jurisdictional Discovery and Pleading Sufficiency for NYSHRL/NYCHRL Claims (and Workers’ Compensation Exclusivity Limits)

Date: Jul 2, 2026

“Sufficient Start” Jurisdictional Discovery for a Foreign Holding Company, and Survival of NYSHRL/NYCHRL, Retaliation, Aiding-and-Abetting, and Negligent Supervision Claims at the Pleading Stage 1....

COVID-19 Is Not “Direct Physical Loss or Damage” Without Material Alteration or Complete Dispossession; Declaratory-Judgment Dismissals Must Be Converted to Declarations for Defendants

Date: Jul 2, 2026

COVID-19 Is Not “Direct Physical Loss or Damage” Without Material Alteration or Complete Dispossession; Declaratory-Judgment Dismissals Must Be Converted to Declarations for Defendants I....

CPLR 3211(e) Single-Motion Bar: A Later CPLR 3211(a)(1) and (7) Attack Cannot Be Added Without a Sufficient Reason

Date: Jul 2, 2026

CPLR 3211(e) Single-Motion Bar: A Later CPLR 3211(a)(1) and (7) Attack Cannot Be Added Without a Sufficient Reason Case: Gruber v Donaldsons, Inc., 2026 NY Slip Op 04182 (App Div, 2d Dept July 1,...

Initial-Custody Relocation Treated as a Best-Interests Factor; Long-Distance Access Must Be Practicable, Specific, and Cost-Allocated by Economic Realities

Date: Jul 2, 2026

Initial-Custody Relocation Treated as a Best-Interests Factor; Long-Distance Access Must Be Practicable, Specific, and Cost-Allocated by Economic Realities Case: Matter of Carrington v. Pepitone,...