Expungement Does Not Constitute Favorable Termination; Discovery Rule Accrues on Discovery of Injury (Not Cause) 1. Introduction In Pryor v. J. B. Hunt Transport, Inc. (Miss. May 7, 2026), the...
People v. Gilyard: Forfeiture of Legal-Sufficiency Review After Consenting to Lesser-Included Conspiracy Charge; Circumstantial Proof of Drug Sales; Youthful Offender Denial Supported by Absconding...
People v. Shaver: CPL 250.20 Requires a Brief Adjournment When Belated Alibi-Rebuttal Proof Is Allowed Introduction In People v Shaver (2026 NY Slip Op 02895), the Appellate Division, Third...
Supersession Language Does Not Moot a Custody Appeal Where the Record Shows No Intent to Supersede; Visitation Must Be Safeguarded After Adjudicated Sexual Abuse of a Sibling 1. Introduction Matter...
Journalist Shield Statute: In Camera Review May Precede Grand Forks Herald Balancing, But Criminal-Case Prerequisites Must Be Addressed 1. Introduction In BEK Communications v. El-Dweek, 2026 ND 98,...
License-Agreement Indemnity Can Reach a Promoter’s Subcontractor’s Off-Site Loading Negligence; Common-Law Indemnity Barred Absent “Grave Injury” 1. Introduction Maloney v Night Castle Mgt. (2026 NY...
Opportunity to Object Is Not Dispositive: Utah’s “Legal Necessity” Mistrial Exception Can Apply Even Without Pre-Discharge Objections Case: State v. Mitton, 2026 UT 11 (Utah Supreme Court, May 7,...
People v. Dibble: Enhanced Sentencing for Probation-Interview “Inconsistency” Requires Clear, Explicit Plea Conditions—Especially in Criminally Negligent Homicide Pleas 1. Introduction In People v...
EDI “L-With Liability” on Medical-Only FROI Does Not Waive Controversion; WCL § 25(2)(b)’s 25‑Day Preclusion Requires Indexing Case: Matter of Shakil v. New York City Tr. Auth., 2026 NY Slip Op 02897...
Postrace Presence of Prohibited Meloxicam Alone Establishes a Prima Facie NSAID-Rule Violation Under 9 NYCRR 4043.2 (d) I. Introduction Matter of Pletcher v. New York State Gaming Commission (2026 NY...
Extraordinary Circumstances for Grandparent Custody May Be Proven by Extended Disruption Plus Ongoing Parental Instability; Flexible “Mutually Agreed” Parenting Time Upheld Where Structure Is...
State v. Manuelito: Overdose-Immunity Under I.C. § 37-2739C(2) Requires an Actual Drug-Related Medical Emergency and Need for Medical Assistance (Not a Bystander’s Good-Faith Belief) Court: Supreme...
Article 78 Review Preserved Despite “Force and Effect of a Judgment” Language in RPTL 421-a(16)(c)(x) 1. Introduction Matter of Bldg 44 Devs. LLC v State of New York (2026 NY Slip Op 02898, Third...
North Dakota Recognizes Inherent Power to Enjoin Collateral Foreign “Manifestly Unfounded” (Anti-SLAPP) Attacks on Its Proceedings 1. Introduction Energy Transfer v. Gion, 2026 ND 93 arises from...
Unjust Conviction Act: “Accusatory Instrument” Is Limited to Counts Tied to the Wrongful-Conviction Event, Not Unrelated Surviving Counts in the Same Indictment 1. Introduction Taft v State of New...
Hill v. Jackson Offshore Holdings: Unchallenged Delegation Clauses Require Arbitration—and “Without Prejudice” Denials Are Immediately Appealable Under FAA § 16(a) 1. Introduction Parties: Jeremiah...
American Pipe Tolling for Title VII Right-to-Sue Deadlines Ends When Class Status Is Denied (Not Through Appeal or Certiorari) 1. Introduction Kristen Grace v. RTX Corporation is an unpublished per...
United States v. Hatchet Speed: Non-Operable “Solvent Traps” Can Be NFA Silencers by Objective Design, and NFA Silencer Registration Is Treated as a Presumptively Constitutional Shall-Issue Regime 1....
No Sua Sponte Rule 32.1 Confrontation Balancing Required Absent an Objection in Supervised-Release Revocations (United States v. Price) Introduction In United States v. Price (10th Cir. May 5, 2026),...
Revocation Hearings in the Tenth Circuit: No Sua Sponte Rule 32.1 Confrontation Balancing Absent an Objection 1. Introduction In United States v. Price (10th Cir. May 5, 2026), Anthony Steven Price...