Second Circuit Reaffirms Non-Reviewability of Denied Rule 59(a) Weight-of-the-Evidence Motions; “Effectiveness” Governs ADA Accommodations Case: Raymond v. 1199SEIU National Benefit Fund (2d Cir....
Reputation and Employability Alone Do Not Justify Pseudonymous Article 78 Litigation or Sealing Absent “Unusual” or “Compelling” Circumstances 1. Introduction Matter of Smith v New York State Educ....
Binding Shock Incarceration Orders Under Penal Law § 60.04(7)(a) Despite Concurrent Non-Disqualifying Non-Drug Convictions 1. Introduction Matter of Adams v Martuscello (2026 NY Slip Op 04542) is a...
Buy/Sell “Net-Out” Oil Transactions Treated as Inventory Exchanges (Not Business Receipts) for Article 9-A BAP; Tribunal May Apply Step-Transaction to Prevent Distorted Receipts Factors 1....
No Parcel-Specific Findings Required to Include Property in a State Historic District; Owner Objections Limit National Register Action to an Eligibility Submission 1. Introduction Matter of Sunoco,...
Matter of Uzamere: A Relationship That Began During Representation Cannot Be “Pre‑Existing” for Later Domestic-Relations Appointments 1. Introduction Matter of Uzamere (2026 NY Slip Op 04511 [App...
Agency-Consent Jurisdiction Bar in New York Agency Adoptions: No Best-Interests Hearing After Consent Is Withdrawn I. Introduction Matter of Aurora A. (Leigh A.--Giuseppe A.) (2026 NY Slip Op 04500)...
Pre-Answer Pleading in New York: Alter-Ego Liability and Unjust Enrichment May Proceed, While Duplicative Tort/Accounting and Unsupported Constructive Trust Claims Are Dismissed 1. Introduction In...
Nonprejudicial Motion-Paper Defects Must Not Eclipse Merits Under CPLR 2001; Alter-Ego and Unjust-Enrichment Claims Survive, but Constructive-Trust and Contract-Duplicative Claims Do Not 1....
Post-Prince/Watson Anders Dismissals: § 922(g)(1) Challenges Are Frivolous for Drug-Delivery Felons and Scrivener’s-Error Indictment Fixes Are Permissible 1. Introduction In United States v. James...
Eleventh Circuit Reaffirms the “Same Sentence” Harmless-Error Rule for Alleged Guidelines Miscalculations 1. Introduction In United States v. Jerelle Jones (11th Cir. July 23, 2026) (per curiam) (not...
“Different Location” for Abduction Includes Forcing a Victim from a Room to a Getaway Car; Carjacking “Presence” Satisfied by Nearby Accessible Vehicle Under Threat Introduction In United States v....
Producer’s Intent Governs “Lascivious Exhibition” in Hidden-Camera Recordings; Curative Instructions Can Neutralize Incremental Rule 414 Surprise Testimony 1. Introduction In United States v. Gray...
Utility-Owned Streetlight Evidence Is Admissible in Municipal Premises-Liability Claims; Public Duty Doctrine Does Not Categorically Bar Lighting-Based Unsafe-Intersection Theories I. Introduction In...
Dramshop Act Contribution Requires an “Award” Imposed Against the Defendant—Settlements Do Not Qualify Introduction In RMB v. Celotto, 2026 UT 19, the Utah Supreme Court addressed a recurring...
Qualified Immunity for a Ground Takedown When a Detainee Resists and Moves Hands Out of View 1. Introduction In Tyler Canaris v. Michael McMaster (11th Cir. July 23, 2026) (unpublished), the Eleventh...
Operative Thieves Are Not “Fences” Under U.S.S.G. § 2B1.1(b)(4); Leadership Enhancement Applies When Defendant Directs a Five-Participant Car-Theft Ring 1. Introduction In United States v. Jamarus...
Intervening Misconduct as Superseding Cause and the Evidentiary Limits of “Best Practices” in Eighth Amendment Suicide-Watch Claims I. Introduction Brad Passwater v. Tricia Pretorius, et al. is a...
Indiana “Unaware Touching” Sexual Battery Is a Guidelines “Forcible Sex Offense” (and Thus a “Crime of Violence”) Under U.S.S.G. § 2K2.1(a)(4)(A) Introduction In United States v. Larry Doss (7th Cir....
Title VII “Single-Pile” Causation Allows Culture-and-Process Evidence to Defeat Summary Judgment; HR Managers’ Reporting Is Protected Opposition Without a Heightened “HR Exception” Case: Debra Pratt...