Seniority-Plan Changes Are Discrete Title VII Acts Triggering the 180-Day EEOC Clock; Speculative Race Inferences and a Single Non-Racial Text Cannot Plead Discrimination or Hostile Environment 1....
Constructive Possession Plus Penal Law § 265.15(4) Presumption Can Prove CPW 2°; a Single Belated Disclosure Does Not Invalidate a COC Without a Due-Diligence Failure 1. Introduction People v Harrell...
Faxed DME Orders and OMIG Recoupment: DME Policy Guidelines as Non‑SAPA Interpretive Directives and the Enforceable “Wet Signature” Requirement (Audit-Period Compliance Controls) 1. Introduction...
Billed Hourly Rates Presumptively Set the Lodestar in Nevada Civil-Contempt Fee Awards Under NRS 22.100(3) 1. Introduction Lytle Trust v. Gerry R. Zobrist and Jolin G. Zobrist Family Trust (142 Nev.,...
Custodial-Parent Kidnapping in New York: Evasive Out-of-State Secreting Supports “Abduction,” Defeats Penal Law § 135.30, and Establishes Territorial Jurisdiction When Intent Manifests In-State 1....
No “Diligent Efforts” Duty in Social Services Law § 384-b Abandonment Proceedings; Valid Pro Se Waiver Requires a Searching Inquiry Case: Matter of Wanye D. (Quincy D.), 2026 NY Slip Op 04244 (App....
“Crime Victim” Under Executive Law § 632-a Is Not Limited to Physically Injured Victims: Psychological Harm and “Subject of the Felonious Conduct” Suffice 1. Introduction Matter of New York State...
HRS § 291C-12(a) “Involved in a Collision” Includes Non-Contact Pursuit; Vagueness Challenges Are As-Applied Only; Bill of Particulars Can Supply Constitutionally Adequate Notice Case: State v....
ICWA Termination Requires Culturally Grounded Expert Testimony Tethered to Case-Specific Parental Conduct 1. Introduction Viva G. v. State of Alaska, Department of Family and Community Services,...
Pandemic Remote Work Does Not Establish “Employer Necessity” Under New York’s Convenience-of-the-Employer Rule 1. Introduction Matter of Zelinsky v Commissioner of Taxation & Fin. of the State of...
NRCP 68 Attorney-Fee Awards in Contingency Cases Must Reflect Only Post-Offer Work (Overruling Capriati’s “Incurred Post-Offer” Rule) 1. Introduction In Clark v. Marin (Nev. July 2, 2026), the...
Harmless Initial-Appearance Right-to-Counsel Error and Use of “Tie-Breaker” Authority in High-Conflict Joint Custody Case: Matter of Jimmy PP. v Jennifer QQ. | Court: Appellate Division, Third...
Custody Modification Requires a Post-Order Change Beyond Conditions Contemplated by a Consent Order; Single, Purpose-Linked Social Media Post Insufficient for Harassment/Stalking 1. Introduction...
Collateral Consequences Preserve Article 10 Appeals Despite Post-Order Criminal Plea; Prima Facie Abuse May Be Found Against Multiple Caretakers Without Pinpointing the Perpetrator 1. Introduction...
Post-Remand Judicial Review May Raise Prior Remand-Order Jurisdiction, but Only if the New Petition Strictly Complies with NRS 233B.130(2)(a) Case: ROCHA v. STATE, DEP'T OF HEALTH AND HUMAN SERV.,...
Voluntariness of Statements After Miranda Where Initial Handcuffing Was by Another Agency and Police Promised the Suspect Would Go Home 1. Introduction People v Brown (2026 NY Slip Op 04233 [App Div...
Rule 25 Substitution After Death Requires an Estate-Based “Proper Party”; “Distributee” Is Not an Open-Ended Category 1. Introduction In Human Rights Commission v. Homer Durkee (2026 VT 27), the...
Matter of Ethan H. — Dismissal in Furtherance of Justice When Juvenile Delinquency Is Used to Solve Placement Problems 1. Introduction Matter of Ethan H. (2026 NY Slip Op 04252 [3d Dept July 2,...
Matter of El Shamar B.: Record-Based Proof (Not Self-Serving Accounts) Controls “Dangerous Mental Disorder” Track-One Findings Under CPL 330.20 1. Introduction Matter of El Shamar B. (Appellate...
People v. Hollman: Out-of-State Child Concealment Can Support Second-Degree Kidnapping Despite a Custodial Parent’s Participation; “Sole Purpose” Relative Defense Narrowly Construed and New York...