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

State v. Kujawa (2026 S.D. 41): Rule 609 Impeachment Requires “Essential Facts” (Name/Nature and Date) and Rejects Blanket “Unnamed Felony” Limits

Date: Jun 25, 2026

State v. Kujawa (2026 S.D. 41): Rule 609 Impeachment Requires “Essential Facts” (Name/Nature and Date) and Rejects Blanket “Unnamed Felony” Limits Introduction In State v. Kujawa, the South Dakota...

South Dakota Cannot Exercise Concurrent Criminal Jurisdiction on Nebraska Side of Missouri River Absent a Reciprocal Nebraska Act or Compact

Date: Jun 25, 2026

South Dakota Cannot Exercise Concurrent Criminal Jurisdiction on Nebraska Side of Missouri River Absent a Reciprocal Nebraska Act or Compact Introduction State v. Ogden, 2026 S.D. 40 (S.D. June 24,...

In re A.C.: No Authority to Reinstate a Terminated Improvement Period; Noncompliance Supports Termination and Final Disposition

Date: Jun 25, 2026

In re A.C.: No Authority to Reinstate a Terminated Improvement Period; Noncompliance Supports Termination and Final Disposition 1. Introduction Case: In re A.C., Supreme Court of Appeals of West...

Summary Dispositions Reinforce Olentangy Local’s Control Over School-District Valuation Appeals and Demand Strict Statutory Compliance in Original Actions

Date: Jun 25, 2026

Summary Dispositions Reinforce Olentangy Local’s Control Over School-District Valuation Appeals and Demand Strict Statutory Compliance in Original Actions Introduction This “Case Announcements” entry...

Tulino v. Raza: Renewal Requires a Reasonable Justification and Reargument Orders Supersede Prior Discovery-Sanction Orders

Date: Jun 25, 2026

Tulino v. Raza: Renewal Requires a Reasonable Justification and Reargument Orders Supersede Prior Discovery-Sanction Orders Case: Tulino v Raza, 2026 NY Slip Op 03998 (App Div, 2d Dept, June 24,...

Griffith v. MetroPlus Health Plan, Inc.: Audit-Based Termination as a Legitimate Nondiscriminatory Reason; “Office Space” Complaints Not Protected Activity Under NYSHRL/NYCHRL

Date: Jun 25, 2026

Griffith v. MetroPlus Health Plan, Inc.: Audit-Based Termination as a Legitimate Nondiscriminatory Reason; “Office Space” Complaints Not Protected Activity Under NYSHRL/NYCHRL 1. Introduction In...

Rule 41(a)(2) Voluntary Dismissals: “With Prejudice” Requires a Finding of Plain Legal Prejudice Beyond a Second Lawsuit

Date: Jun 25, 2026

Rule 41(a)(2) Voluntary Dismissals: “With Prejudice” Requires a Finding of Plain Legal Prejudice Beyond a Second Lawsuit 1. Introduction In Timothy Hall v. Phillis Gail Ensor, Thomas Beach, III,...

Dispositional Orders Must Expressly Decide Post-Termination Visitation Motions and, If Granted, Set a Concrete Plan (Not Left to Placement Discretion)

Date: Jun 25, 2026

Dispositional Orders Must Expressly Decide Post-Termination Visitation Motions and, If Granted, Set a Concrete Plan (Not Left to Placement Discretion) Case: In re A.G. and A.W.-1 Court: Supreme Court...

Post-Dispositional Improvement Period Requires a Substantial Post-Adjudicatory Change; Serious Safety Violations and Dishonesty Support Termination Without Less Restrictive Alternatives

Date: Jun 25, 2026

Post-Dispositional Improvement Period Requires a Substantial Post-Adjudicatory Change; Serious Safety Violations and Dishonesty Support Termination Without Less Restrictive Alternatives 1....

Statewide Summary Affirmance of “Cases Held” in School-District BOR Litigation Under Olentangy (2026-Ohio-1963) (and Marysville for Bedford)

Date: Jun 25, 2026

Statewide Summary Affirmance of “Cases Held” in School-District BOR Litigation Under Olentangy (2026-Ohio-1963) (and Marysville (2024-Ohio-3323) for Bedford) Case: In re Cases Held for Olentangy...

Relation-Back Permits Late Joinder of Engineers for Negligence Where Inherently Dangerous Excavation Creates Vicarious-Liability Unity of Interest—But Not for NYC Building Code § BC 3309.4 Strict Liability

Date: Jun 25, 2026

Relation-Back Permits Late Joinder of Engineers for Negligence Where Inherently Dangerous Excavation Creates Vicarious-Liability Unity of Interest—But Not for NYC Building Code § BC 3309.4 Strict...

Adult Survivors Act Claims in the Court of Claims: No Relation-Back for Newly Alleged Abuse Incidents and a Wrong “Time When” Is an Uncurable Jurisdictional Defect

Date: Jun 25, 2026

Adult Survivors Act Claims in the Court of Claims: No Relation-Back for Newly Alleged Abuse Incidents and a Wrong “Time When” Is an Uncurable Jurisdictional Defect Case: Farrell v State of New York,...

Excessive Default-Judgment Damages May Be Vacated Under Courts’ Inherent Power, With a New Inquest (and Reassignment) Required When the Inquest Record Is Deficient

Date: Jun 25, 2026

Excessive Default-Judgment Damages May Be Vacated Under Courts’ Inherent Power, With a New Inquest (and Reassignment) Required When the Inquest Record Is Deficient 1. Introduction Case: Williams v...

Conditional Suspension Until Full Restitution for Probate Neglect and Mishandled Advanced Fees

Date: Jun 25, 2026

Conditional Suspension Until Full Restitution for Probate Neglect and Mishandled Advanced Fees 1. Introduction In the Matter of Paul B. McCarthy (R.I. June 24, 2026) is an attorney-discipline order...

Mandamus Fee Denials Must Be Explained and Evaluated Under Highlands (Rule 52(a) Findings Required)

Date: Jun 25, 2026

Mandamus Fee Denials Must Be Explained and Evaluated Under Highlands (Rule 52(a) Findings Required) 1. Introduction In Michael Shawn Steffen v. Scott Caserta, as Clerk of the County Commission of...

Personal Safety Orders Require Proof by a Preponderance, and Rule 59(e) Limits Appellate Review to Issues Raised

Date: Jun 25, 2026

Personal Safety Orders Require Proof by a Preponderance, and Rule 59(e) Limits Appellate Review to Issues Raised 1. Introduction In A.H. v. J.B. (Supreme Court of Appeals of West Virginia, June 24,...

In re A.G.: Ongoing Domestic-Violence Threat and Prior Involuntary Terminations Support Adjudication, Denial of Improvement Period, and Termination Without Less Restrictive Alternatives

Date: Jun 25, 2026

In re A.G.: Ongoing Domestic-Violence Threat and Prior Involuntary Terminations Support Adjudication, Denial of Improvement Period, and Termination Without Less Restrictive Alternatives 1....

Hypothetical Vagueness Attacks Do Not Defeat West Virginia’s Kidnapping Statute Absent an As-Applied Showing; Consecutive Sentences Within Statutory Bounds Stand

Date: Jun 25, 2026

Hypothetical Vagueness Attacks Do Not Defeat West Virginia’s Kidnapping Statute Absent an As-Applied Showing; Consecutive Sentences Within Statutory Bounds Stand 1. Introduction In State of West...

Rule 7.7 Reciprocal Discipline: Selling v. Radford Is Inapplicable and Relitigation Is Barred; Disbarment for Reckless False Attacks on Judicial Integrity

Date: Jun 25, 2026

Rule 7.7 Reciprocal Discipline: Selling v. Radford Is Inapplicable and Relitigation Is Barred; Disbarment for Reckless False Attacks on Judicial Integrity 1. Introduction In STATE OF OKLAHOMA ex rel....

R.C. 4123.59(D) “All Other Cases” Is a Residual Catchall: Prospective-Dependency Awards Foreclose Mandatory “Actual Dependency” Review Under the Final Paragraph

Date: Jun 25, 2026

R.C. 4123.59(D) “All Other Cases” Is a Residual Catchall: Prospective-Dependency Awards Foreclose Mandatory “Actual Dependency” Review Under the Final Paragraph I. Introduction In State ex rel....