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

“Readily Available” Means Practically Obtainable—Not FDA-Approved: Contract Plain-Meaning Limits in Georgia’s Execution-Resumption Agreement

Date: Jun 5, 2026

“Readily Available” Means Practically Obtainable—Not FDA-Approved: Contract Plain-Meaning Limits in Georgia’s Execution-Resumption Agreement 1. Introduction STATE OF GEORGIA et al. v. FEDERAL...

Preston v. State: Prior Gunpoint Robberies Admissible to Prove Intent; Omitted Justification Charge Deemed Harmless Where Self‑Defense Evidence Is Meager

Date: Jun 5, 2026

Preston v. State: Prior Gunpoint Robberies Admissible to Prove Intent; Omitted Justification Charge Deemed Harmless Where Self‑Defense Evidence Is Meager 1. Introduction In Preston v. State (Supreme...

Almond v. State: Improper Shackling Does Not Require Reversal Absent Jury Visibility and Where the State Proves Harmlessness Beyond a Reasonable Doubt

Date: Jun 5, 2026

Almond v. State: Improper Shackling Does Not Require Reversal Absent Jury Visibility and Where the State Proves Harmlessness Beyond a Reasonable Doubt 1. Introduction In Almond v. State (Supreme...

Vacatur When the Prevailing Agency Moots an APA/NEPA Appeal by Withdrawing Its Decision Memo and Renouncing the Challenged Practice

Date: Jun 5, 2026

Vacatur When the Prevailing Agency Moots an APA/NEPA Appeal by Withdrawing Its Decision Memo and Renouncing the Challenged Practice Case: New Mexico Cattle Growers' Association v. United States...

Berger v. Berger (2026 ND 110): Res Judicata Bars Successive Postjudgment Enforcement Motions Re-Litigating Compliance Absent New Facts

Date: Jun 5, 2026

Res Judicata Bars Successive Postjudgment Motions Re-Litigating “Compliance” with a Property-Distribution Judgment Absent New Facts Case: Berger v. Berger, 2026 ND 110 (N.D. June 4, 2026) Court:...

Trust Accounting Objections: Liberal Amendment and Summary-Judgment Limits in “Prudent Person” Diversification Claims

Date: Jun 5, 2026

Trust Accounting Objections: Liberal Amendment and Summary-Judgment Limits in “Prudent Person” Diversification Claims Introduction In Matter of James M. McDonald III Trust (JP Morgan Chase Bank,...

Public Street Utility-Vault Grate Gaps: Google Street Imagery, Competing Experts, and the Limits of “Trivial Defect” and “Open and Obvious” on Summary Judgment

Date: Jun 5, 2026

Public Street Utility-Vault Grate Gaps: Google Street Imagery, Competing Experts, and the Limits of “Trivial Defect” and “Open and Obvious” on Summary Judgment Introduction Stegman v City of Glens...

Matter of Kosier: Triable SCPA 707 Disqualification Allegations Require a Hearing Before Granting Letters of Administration to a Surviving Spouse

Date: Jun 5, 2026

Matter of Kosier: Triable SCPA 707 Disqualification Allegations Require a Hearing Before Granting Letters of Administration to a Surviving Spouse 1. Introduction Matter of Kosier (Appellate Division,...

Summary Judgment Requires Decipherable Proof Linking Business Records to the Amount Claimed: Gaul v. Cool Insuring Agency, Inc. (3d Dept 2026)

Date: Jun 5, 2026

Summary Judgment Requires Decipherable Proof Linking Business Records to the Amount Claimed: Gaul v. Cool Insuring Agency, Inc. (3d Dept 2026) 1. Introduction In Gaul v Cool Insuring Agency, Inc....

Article 15 Requires Bona Fide Paid Municipal Employment: Sham “Donation-for-Job” Arrangements Do Not Create Service Credit

Date: Jun 5, 2026

Article 15 Requires Bona Fide Paid Municipal Employment: Sham “Donation-for-Job” Arrangements Do Not Create Service Credit 1. Introduction Matter of Ballard v DiNapoli (2026 NY Slip Op 03493 [3d Dept...

Unified Judicial System Clerks Are Not “Civil Officers” Required to Take and File Constitutional Oaths; Baseless Oath Challenges May Be Frivolous

Date: Jun 5, 2026

Unified Judicial System Clerks Are Not “Civil Officers” Required to Take and File Constitutional Oaths; Baseless Oath Challenges May Be Frivolous Commentary on Sanderson v. Demers, 2026 ND 113 (N.D....

People v. Russ: Inventory Searches Require Proof of Standardized, Discretion-Limiting Policy (Including Any Canine Use or Intrusive Compartment Access)

Date: Jun 5, 2026

People v. Russ: Inventory Searches Require Proof of Standardized, Discretion-Limiting Policy (Including Any Canine Use or Intrusive Compartment Access) 1. Introduction In People v Russ (2026 NY Slip...

Unsigned Reclassification Paperwork Cannot Expand Civil Service Title Duties for Out-of-Title Work Analysis

Date: Jun 5, 2026

Unsigned Reclassification Paperwork Cannot Expand Civil Service Title Duties for Out-of-Title Work Analysis 1. Introduction Matter of Theopheles v. County of Rensselaer (Appellate Division, Third...

When Parent–Grandparent Conflict Makes “As-Agreed” Visitation Untenable, Family Court Must Set a Definitive Schedule

Date: Jun 5, 2026

When Parent–Grandparent Conflict Makes “As-Agreed” Visitation Untenable, Family Court Must Set a Definitive Schedule Matter of Justine N. v. Michelle P., 2026 NY Slip Op 03497 (App Div 3d Dept June...

Diligent Efforts for Incarcerated Parents: Reasonable Contact Suffices, but Relative Placement Requires Affirmative Investigation

Date: Jun 5, 2026

Diligent Efforts for Incarcerated Parents: Reasonable Contact Suffices, but Relative Placement Requires Affirmative Investigation 1. Introduction In Matter of Aliano E. (Alan E.) (2026 NY Slip Op...

MHL Article 81: Courts May Not Sua Sponte Modify Guardianship Powers, and Compensation Reductions Require Notice and a Reasonableness Hearing

Date: Jun 5, 2026

MHL Article 81: Courts May Not Sua Sponte Modify Guardianship Powers, and Compensation Reductions Require Notice and a Reasonableness Hearing Case: Matter of Karissa W., 2026 NY Slip Op 03490 (App...

Oral Assumption of Debt Between Debtor and Third Party Is Not Barred by N.D.C.C. § 9-06-04(2) or (5)

Date: Jun 5, 2026

Oral Assumption of Debt Between Debtor and Third Party Is Not Barred by N.D.C.C. § 9-06-04(2) or (5) Case: Hofer v. Paulson, 2026 ND 111 (N.D. June 4, 2026) 1. Introduction Hofer v. Paulson arose out...

Reaffirming Progressive Discipline and the “Minimum 60-Day Suspension” Norm Despite a 30-Day Stipulation

Date: Jun 5, 2026

Reaffirming Progressive Discipline and the “Minimum 60-Day Suspension” Norm Despite a 30-Day Stipulation 1. Introduction This matter arises from a Wisconsin attorney-discipline proceeding brought by...

People v. Jackson: When the People Concede They Were Not Actually Ready, CPL 30.30 Requires a Fact-Finding Hearing to Allocate Chargeable Time Despite a Filed COC/SOR

Date: Jun 5, 2026

People v. Jackson: When the People Concede They Were Not Actually Ready, CPL 30.30 Requires a Fact-Finding Hearing to Allocate Chargeable Time Despite a Filed COC/SOR Case: People v Jackson, 2026 NY...

Custody Modification Requires a Threshold “Change in Circumstances” Finding Before Best-Interests Review (Error May Be Harmless if Record Independently Establishes the Change)

Date: Jun 5, 2026

Custody Modification Requires a Threshold “Change in Circumstances” Finding Before Best-Interests Review (Error May Be Harmless if Record Independently Establishes the Change) 1. Introduction Matter...