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

In re T.S.: Repeated Defiance of Child-Protection Orders May Render an Improvement Period Futile and Support Termination of Parental Rights

Date: Sep 27, 2026

Repeated Defiance of Child-Protection Orders May Render an Improvement Period Futile and Support Termination of Parental Rights Case: In re T.S., No. 25-751 Court: Supreme Court of Appeals of West...

Greenswag v. Lieberman Management Services, Inc. Commentary

Date: Sep 27, 2026

A Statutorily Required Condominium Disclosure Fee Is Not an Unfair Consumer Practice Based on Price and Statutory Compulsion Alone Case: Greenswag v. Lieberman Management Services, Inc., 2026 IL...

People v. Nibbelin: Rule 404(e) Assessment-Waiver Errors Must First Be Raised Under Rule 472

Date: Sep 27, 2026

Rule 404(e) Assessment-Waiver Errors Must First Be Raised Under Rule 472, Not as Ineffective Assistance on Direct Appeal Case: People v. Nibbelin, 2026 IL 131825 Court: Supreme Court of Illinois...

Reynolds v. State: Counsel Is Not Ineffective for Declining an Unsettled Fourth Amendment Challenge to a Cell-Phone Password Demand

Date: Sep 27, 2026

Failure to Pursue an Unsettled Fourth Amendment Challenge to a Cell-Phone Password Demand Does Not Constitute Ineffective Assistance Case: Reynolds v. State, No. S26A1003 Court: Supreme Court of...

Ware v. State: Strategic Retention of a Juror Is Not Ineffective Assistance, and Unpreserved Juror-Misconduct Claims Receive No Plain-Error Review

Date: Sep 27, 2026

Strategic Retention of a Juror Is Not Ineffective Assistance, and Unpreserved Juror-Misconduct Claims Receive No Plain-Error Review Case: Ware v. State, No. S26A0604 Court: Supreme Court of Georgia...

People v. Sabater: Official-Record Tolling May Be Determined by a Judge Without a Jury

Date: Sep 27, 2026

Official-Record Tolling for Persistent Violent Felony Sentencing May Be Determined by a Judge Without a Jury Case: People v Sabater, 2026 NY Slip Op 05459 Court: Appellate Division of the Supreme...

People v. Benson: As-Applied Second Amendment Challenges to Illinois’s Felon-in-Possession Law Require a Developed Evidentiary Record

Date: Sep 27, 2026

People v. Benson: As-Applied Second Amendment Challenges to Illinois’s Felon-in-Possession Law Require a Developed Evidentiary Record Citation: 2026 IL 131191 Court: Supreme Court of Illinois Date:...

Independent Professional Duties May Support Construction-Negligence Claims by Subsequent Owners Despite Lack of Privity

Date: Sep 27, 2026

Independent Professional Duties May Support Construction-Negligence Claims by Subsequent Owners Despite Lack of Privity Cases: ICH 3 Atlanta Sugarloaf Apartments, L.P. v. Hart Gaugler and Associates,...

State v. Lucero: Requesting Presumptive Probation Preserves Appellate Review of a Departure

Date: Sep 27, 2026

Requesting Presumptive Probation Preserves Appellate Review, and Nonviolent Recidivism May Justify Departure Case: State v. Lucero, 2026 S.D. 48 Court: Supreme Court of South Dakota Date: September...

EFAA Bars Arbitration of Negligence Claims Logically Connected to a Sexual Assault

Date: Sep 27, 2026

EFAA Bars Arbitration of Negligence Claims Logically Connected to a Sexual Assault Case: C.N. v Sigma Delta Tau Socy., 2026 NY Slip Op 05405 Court: Appellate Division of the Supreme Court, Second...

Bonta v. Bianco: The Attorney General May Issue Binding Investigative Directives to California Sheriffs

Date: Sep 27, 2026

The Attorney General May Issue Binding Investigative Directives to California Sheriffs Case: Bonta v. Bianco, S295901 Court: Supreme Court of California Date: September 24, 2026 Opinion by: Chief...

When Delayed Disclosure Is the Core Defense, Removing It from Credibility Review Is Reversible Error

Date: Sep 27, 2026

When Delayed Disclosure Is the Core Defense, Removing It from Credibility Review Is Reversible Error Case: State v. Jose T. (Concurrence & Dissent) Court: Supreme Court of Connecticut Date: September...

Parenting-Time-Only Modifications Require Changed Circumstances, Not a Substantial Change

Date: Sep 27, 2026

Parenting-Time-Only Modifications Require Changed Circumstances, Not a Substantial Change Case: Reynolds v. Reynolds, 2026 IL 132627 Court: Supreme Court of Illinois Date: September 24, 2026...

Failure to Acknowledge Neglect and Benefit from Services Supports Denial of an Improvement Period and Termination of Parental Rights

Date: Sep 27, 2026

Failure to Acknowledge Neglect and Benefit from Services Supports Denial of an Improvement Period and Termination of Parental Rights Case: In re B.S., G.S., R.S., and S.S. Court: Supreme Court of...

Medical-Care Facts, Not Claim Labels, Trigger the MPLA—and Post-Suit Merit Statements Cannot Cure Pre-Suit Noncompliance

Date: Sep 27, 2026

Medical-Care Facts, Not Claim Labels, Trigger the MPLA—and Post-Suit Merit Statements Cannot Cure Pre-Suit Noncompliance Case: Donta Wade v. University Physicians and Surgeons, Inc.; Marshall Health...

Private Roads Require Existing, Enforceable Public-Road Access, and Their Restrictions Must Be Supported by Evidence

Date: Sep 27, 2026

Private Roads Require Existing, Enforceable Public-Road Access, and Their Restrictions Must Be Supported by Evidence Case: Little Medicine Creek Ranch, Inc., a Wyoming Corporation, F/K/A Burnett...

Civil Service Discipline Requires Specification-Specific Factual Findings

Date: Sep 27, 2026

Civil Service Discipline Requires Specification-Specific Factual Findings for Substantial-Evidence Review Case: Matter of Goldstein v Town of Niskayuna Citation: 2026 NY Slip Op 05448 Court:...

Search Warrants Cannot Remove Voted Ballots from the Custody of Election Officials

Date: Sep 27, 2026

Search Warrants Cannot Remove Voted Ballots from the Custody of Election Officials Case: Cervantes v. Bianco Court: Supreme Court of California | Date: September 24, 2026 Introduction Cervantes v....

Future Intent Cannot Establish Voting Residence: A Vacant Lot Is Not a Present Fixed Habitation

Date: Sep 27, 2026

Future Intent Cannot Establish Voting Residence: A Vacant Lot Is Not a Present Fixed Habitation Case: State ex rel. Duckett v. Hancock Cty. Bd. of Elections, 2026-Ohio-3747 Court: Supreme Court of...

People v. Aguilar: Nonenumerated License Suspensions Do Not Trigger Aggravated DUI Under Subsection (H)

Date: Sep 27, 2026

Nonenumerated License Suspensions Do Not Trigger Aggravated DUI Under Section 11-501(d)(1)(H) Case: People v. Aguilar, 2026 IL 131382 Court: Supreme Court of Illinois Date: September 24, 2026 Author:...