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

Repeated Neglect and Continued Minimization Support Denial of a Further Improvement Period

Date: Oct 17, 2026

Repeated Neglect and Continued Minimization Support Denial of a Further Improvement Period Case: In re R.Y. and A.Y., No. 25-832 Court: Supreme Court of Appeals of West Virginia Decision date:...

Natural Gas Act Review of State Water Permits Uses the Federal Arbitrary-and-Capricious Standard

Date: Oct 17, 2026

Natural Gas Act Review of State Water Permits Uses the Federal Arbitrary-and-Capricious Standard Case: Delaware Riverkeeper Network v. Pennsylvania Environmental Hearing Board Court: United States...

Pleading Operational Control and Obvious Demolition Risks: Limits on Contractor-Injury Claims Before Discovery

Date: Oct 17, 2026

Pleading Operational Control and Obvious Demolition Risks: Limits on Contractor-Injury Claims Before Discovery Case: Lisa Debar v. FirstEnergy Corp., No. 25-2006 Court: United States Court of Appeals...

Pleading Sufficiency and Harmless Error in Denying Amendment as of Right

Date: Oct 17, 2026

Pleading Sufficiency and Harmless Error in Denying Amendment as of Right Case: Michael Robinson v. Sample News Group LLC Court: United States Court of Appeals for the Third Circuit Decision date:...

Statutory Precedent Survives Loper Bright: New York Child Sexual Abuse Remains an INA Aggravated Felony

Date: Oct 17, 2026

Statutory Precedent Survives Loper Bright: New York Child Sexual Abuse Remains an INA Aggravated Felony Case: Sofiqul Islam v. Attorney General United States of America Court: United States Court of...

Rule 48 Allows Justified Post-Competency Continuances Without Express Findings

Date: Oct 17, 2026

Rule 48 Allows Justified Post-Competency Continuances Without Express Findings The State of Wyoming v. Mark Anthony Martinez, 2026 WY 111 Supreme Court of Wyoming · October 14, 2026 · Opinion by...

Wyoming Retains Strickland’s Prejudice Standard Under Its Constitutional Right to Counsel

Date: Oct 17, 2026

Wyoming Retains Strickland’s Prejudice Standard Under Its Constitutional Right to Counsel Case: Johnny Angel Munoz v. The State of Wyoming Citation: 2026 WY 112 Court: Supreme Court of Wyoming Date:...

Wyoming Retains Strickland Prejudice and Clarifies Appellate Sufficiency Review

Date: Oct 17, 2026

Wyoming Retains Strickland Prejudice and Clarifies Appellate Sufficiency Review Case: Johnny Angel Munoz v. The State of Wyoming, 2026 WY 112 Court: Supreme Court of Wyoming | Date: October 15, 2026...

Escrow Signatories Retain Non-Delegable Recordkeeping Duties: Prolonged Neglect Can Warrant Suspension

Date: Oct 17, 2026

Escrow Signatories Retain Non-Delegable Recordkeeping Duties: Prolonged Neglect Can Warrant Suspension Case: Matter of Sokolski, 2026 NY Slip Op 06014 Court: Supreme Court of New York, Appellate...

Household Sexual Abuse Supports Abuse Adjudication Without Direct Victimization of Each Child

Date: Oct 17, 2026

Household Sexual Abuse Supports Abuse Adjudication Without Direct Victimization of Each Child Case: In re L.T. and M.T., No. 25-853 Court: Supreme Court of Appeals of West Virginia Decision date:...

Post-Election Mootness: Settled Eligibility Questions Do Not Justify Advisory Review

Date: Oct 17, 2026

Post-Election Mootness: Settled Eligibility Questions Do Not Justify Advisory Review Supreme Court of Arkansas · 2026 Ark. 150 · October 15, 2026 Disposition: Motion to dismiss granted; appeal...

Untimely Out-of-Time Appeal Motions and Appellate Jurisdiction: The Mootness Dispute in Sims v. State

Date: Oct 17, 2026

Untimely Out-of-Time Appeal Motions and Appellate Jurisdiction: The Mootness Dispute in Sims v. State Court: Supreme Court of Georgia Case: S26C1307 Date: October 14, 2026 Disposition: Petition for...

People v Guzman: Injury Thresholds, Dangerous-Instrument Proof, and the One-Offense-per-Count Rule

Date: Oct 17, 2026

People v Guzman: Injury Thresholds, Dangerous-Instrument Proof, and the One-Offense-per-Count Rule 2026 NY Slip Op 05972 — Appellate Division, Second Department — October 14, 2026 The supplied...

New Evidentiary Grounds Require Trial Objections; Nonprejudicial Trial and Sentencing Errors Do Not Require Reversal

Date: Oct 17, 2026

New Evidentiary Grounds Require Trial Objections; Nonprejudicial Trial and Sentencing Errors Do Not Require Reversal Commentary on United States v. Darnell Jackson United States Court of Appeals for...

Sworn Admissions and Persistent Noncooperation Warrant Interim Attorney Suspension

Date: Oct 17, 2026

Sworn Admissions and Persistent Noncooperation Warrant Interim Attorney Suspension Case: Matter of McCollum, 2026 NY Slip Op 06013 Court: Supreme Court of New York, Appellate Division, First...

Maui BVA’s 45-Day Decision Deadline Is Directory: Reversal Requires Prejudice Caused by Procedural Delay

Date: Oct 17, 2026

Maui BVA’s 45-Day Decision Deadline Is Directory: Reversal Requires Prejudice Caused by Procedural Delay Case: Norrie v. Maui County Board of Variances and Appeals Court: Supreme Court of Hawaiʻi...

Coached Abuse Allegations Can Establish Emotional Abuse and Support Termination When Conditions Cannot Be Corrected

Date: Oct 17, 2026

Coached Abuse Allegations Can Establish Emotional Abuse and Support Termination When Conditions Cannot Be Corrected Case: In re E.C. and E.M., No. 25-613 Court: Supreme Court of Appeals of West...

Adjudicated Substance Abuse and Related Noncompliance Can Support Termination Without Lesser Alternatives

Date: Oct 17, 2026

Adjudicated Substance Abuse and Related Noncompliance Can Support Termination Without Lesser Alternatives Case: In re E.M. and K.M., No. 25-849 Court: Supreme Court of Appeals of West Virginia...

Failed Improvement Periods Support Parental-Rights Termination When Correction Is Unlikely and Child Welfare Requires It

Date: Oct 17, 2026

Failed Improvement Periods Support Parental-Rights Termination When Correction Is Unlikely and Child Welfare Requires It Case: In re G.H. and B.Q., No. 25-609 Court: Supreme Court of Appeals of West...

Repeat Neglect and Incomplete Treatment: When Limited Reunification Efforts Support Termination of Parental Rights

Date: Oct 17, 2026

Repeat Neglect and Incomplete Treatment: When Limited Reunification Efforts Support Termination of Parental Rights Case: In re J.C., No. 25-603 Court: Supreme Court of Appeals of West Virginia...