adoption-of-restatement-(second)-torts- Case Commentaries

State-Supported Cannabis Dispensary Financing Is Not Preempted by the CSA Absent an Actual Conflict

Date: Oct 31, 2026

State-Supported Cannabis Dispensary Financing Is Not Preempted by the CSA Absent an Actual Conflict Case: Cannabis Impact Prevention Coalition, LLC v New York State Cannabis Control Bd., 2026 NY Slip...

Full Foundation Aid Funding Supports a Rational Remedy but Does Not Permanently Establish Constitutional Compliance

Date: Oct 31, 2026

Full Foundation Aid Funding Supports a Rational Remedy but Does Not Permanently Establish Constitutional Compliance Case: Maisto v State of New York, 2026 NY Slip Op 06365 Court: Appellate Division,...

Rochester EEO Zoning Permits Limited Plan Reductions and Flexible Parking Standards

Date: Oct 31, 2026

Rochester EEO Zoning Permits Limited Plan Reductions and Flexible Parking Standards Case: Matter of Bruck v Town of Rochester Planning Bd., 2026 NY Slip Op 06370 Court: Appellate Division, Third...

People v Bradford: Contextual Evidence Can Establish Charged Time Frames in Child Sexual Abuse Prosecutions

Date: Oct 31, 2026

People v Bradford: Contextual Evidence Can Establish Charged Time Frames in Child Sexual Abuse Prosecutions Court: Appellate Division of the Supreme Court of New York, Third Department Citation: 2026...

People v Smith: Warrantless Police Access to Known Parole GPS Monitoring Data

Date: Oct 31, 2026

People v Smith: Warrantless Police Access to Known Parole GPS Monitoring Data Case: People v Smith, 2026 NY Slip Op 06356 Court: Supreme Court of New York, Appellate Division, Third Department...

Missing or Ineffective Smoke Detectors in Common Areas Can Defeat Fire Coverage as a Material Warranty Breach

Date: Oct 31, 2026

Missing or Ineffective Smoke Detectors in Common Areas Can Defeat Fire Coverage as a Material Warranty Breach Case: Seneca Ins. Co. Inc. v Cobleskill Enter., LLP, 2026 NY Slip Op 06366 Court:...

Community-Wide Landfill Impacts Do Not Warrant Premature Dismissal of Private Nuisance Claims

Date: Oct 31, 2026

Community-Wide Landfill Impacts Do Not Warrant Premature Dismissal of Private Nuisance Claims Constitutional limits on environmental enforcement claims and the continuing role of private nuisance...

Foreclosure Finality: Unsupported Law-Office Failure Cannot Reopen Liability or Defeat a Supported Referee’s Report

Date: Oct 31, 2026

Foreclosure Finality: Unsupported Law-Office Failure Cannot Reopen Liability or Defeat a Supported Referee’s Report Case: Wilmington Sav. Fund Socy., FSB v Laurino, 2026 NY Slip Op 06371 Court:...

Pre-Suit Payment Bars Stand-Alone WPCL Liquidated-Damages Claims: Justice Wecht’s Dissent

Date: Oct 31, 2026

Pre-Suit Payment Bars Stand-Alone WPCL Liquidated-Damages Claims: Justice Wecht’s Dissent Case: Aita, M. v. NCB Mgmt. Ser., Aplt. Court: Supreme Court of Pennsylvania Docket: No. 25 MAP 2025 Decision...

Act 111 Arbitration Review: Retaining Narrow Certiorari and Proposing a Limited Public Policy Exception

Date: Oct 31, 2026

Act 111 Arbitration Review: Retaining Narrow Certiorari and Proposing a Limited Public Policy Exception Case: City of Phila., Aplt. v. FOP, Lodge No. 5 Court: Supreme Court of Pennsylvania Date:...

Municipal-Authority Service-Area Disputes as Questions of Service: Exclusive Common-Pleas Jurisdiction and the Brobson Dissent

Date: Oct 31, 2026

Municipal-Authority Service-Area Disputes as Questions of Service: Exclusive Common-Pleas Jurisdiction and the Brobson Dissent Case: Conyngham Township v. PUC, Aplt. Court: Supreme Court of...

Increased-Risk Causation: An Oncologist’s Failure to Question a Conflicting Diagnosis May Require Jury Review

Date: Oct 31, 2026

Increased-Risk Causation: An Oncologist’s Failure to Question a Conflicting Diagnosis May Require Jury Review Case: Estate of Smith v. Kannarkatt, A., M.D., Aplts. Court: Supreme Court of...

A Timely MDJ Complaint Tolls Limitations for Factually Related Claims Throughout Appeal

Date: Oct 31, 2026

A Timely MDJ Complaint Tolls Limitations for Factually Related Claims Throughout Appeal Case: Whittington v. Daniels, No. 47 MAP 2025 Court: Supreme Court of Pennsylvania Decided: October 29, 2026...

Post-Emergency Written Eyewitness Accounts: Confrontation Protection and Harmless-Error Review

Date: Oct 31, 2026

Post-Emergency Written Eyewitness Accounts: Confrontation Protection and Harmless-Error Review Case: Cooper Wesley v. State of Arkansas, 2026 Ark. 159 Court: Supreme Court of Arkansas Opinion...

Ministerial Ballot Duties Do Not Override Ohio’s Constitutional Timing Requirements for Charter Amendments

Date: Oct 31, 2026

Ministerial Ballot Duties Do Not Override Ohio’s Constitutional Timing Requirements for Charter Amendments Case: State ex rel. Avon Lake Commt. for the Citizens & Electors Right to Vote on City...

Invited Error and Unsettled SORNA Tier Law Limit Appellate Sentencing Challenges

Date: Oct 31, 2026

Invited Error and Unsettled SORNA Tier Law Limit Appellate Sentencing Challenges Case: United States v. Octavius Durdley Court: United States Court of Appeals for the Eleventh Circuit Date: October...

Fourth Amendment Malicious Prosecution Requires a Post-Process Seizure; Investigative Detention Depends on Context

Date: Oct 31, 2026

Fourth Amendment Malicious Prosecution Requires a Post-Process Seizure; Investigative Detention Depends on Context Case: Cumani v. Queen, No. 24-8072, United States Court of Appeals for the Tenth...

Non-Truth Use of Testimonial Protective-Order Allegations: No Plain Confrontation Error

Date: Oct 31, 2026

Non-Truth Use of Testimonial Protective-Order Allegations: No Plain Confrontation Error Case: MARDELL v. State, No. S26A0674 Court: Supreme Court of Georgia Decided: October 27, 2026 Opinion: Justice...

RUCKER v. State: Post-Trial Leniency Does Not Alone Establish a Pretrial Witness Agreement

Date: Oct 31, 2026

RUCKER v. State: Post-Trial Leniency Does Not Alone Establish a Pretrial Witness Agreement Court: Supreme Court of Georgia Case: No. S26A0894 Decided: October 27, 2026 Opinion: Justice Colvin; all...

Inaccurate Appointed-Counsel Fee Certifications: Strong Mitigation Can Justify a Fully Stayed Suspension

Date: Oct 31, 2026

Inaccurate Appointed-Counsel Fee Certifications: Strong Mitigation Can Justify a Fully Stayed Suspension Case: Disciplinary Counsel v. Robertson, Slip Opinion No. 2026-Ohio-4231 Court: Supreme Court...