balancing-first-amendment-rights- Case Commentaries

Probate Fund Mismanagement and Prolonged Neglect: Substantial Mitigation Supports a Fully Stayed Suspension

Date: Oct 24, 2026

Probate Fund Mismanagement and Prolonged Neglect: Substantial Mitigation Supports a Fully Stayed Suspension Case: Butler Cty. Bar Assn. v. Conrad, Slip Opinion No. 2026-Ohio-4115 Court: Supreme Court...

Hilton v. Lorain: Rigorous Class-Certification Review Permits Conditional Analysis After a Prerequisite Fails

Date: Oct 24, 2026

Rigorous Class-Certification Review Permits Conditional Analysis After a Prerequisite Fails Case: Hilton v. Lorain, Slip Opinion No. 2026-Ohio-4114 Court: Supreme Court of Ohio Decided: October 22,...

Substantial Case-Plan Compliance Does Not Bar Termination When Parenting Risks Persist

Date: Oct 24, 2026

Substantial Case-Plan Compliance Does Not Bar Termination When Parenting Risks Persist Case: Middleton, Deshaun v. Department of Services for Children Youth and Their Families (DSCYF) TPR Court:...

Non-Note-Signing Borrowers Are Entitled to RPAPL 1304 Notice: Foreclosure Requires Competent Proof of Mailing and Standing

Date: Oct 24, 2026

Non-Note-Signing Borrowers Are Entitled to RPAPL 1304 Notice: Foreclosure Requires Competent Proof of Mailing and Standing Case: Bank of Am., N.A. v Maddox, 2026 NY Slip Op 06084 Court: Supreme Court...

Expiration of a Temporary Exemption Restores Rent Stabilization but Does Not Defeat Lawful Pre-2019 Deregulation

Date: Oct 24, 2026

Expiration of a Temporary Exemption Restores Rent Stabilization but Does Not Defeat Lawful Pre-2019 Deregulation Case: Connors v Kushner Cos., LLC, 2026 NY Slip Op 06092 Court: Appellate Division,...

Defendants Seeking Dismissal of Mixed-Theory Labor Law § 200 Claims Must Address Both Liability Standards

Date: Oct 24, 2026

Defendants Seeking Dismissal of Mixed-Theory Labor Law § 200 Claims Must Address Both Liability Standards Case: Da Silva v Delshah-OTL-Start 22 Chapel Prop. Owner, LLC, 2026 NY Slip Op 06094 Court:...

FAPA Supports Prejudgment Renewal and Bars Foreclosure Limitations Resets by Voluntary Discontinuance

Date: Oct 24, 2026

FAPA Supports Prejudgment Renewal and Bars Foreclosure Limitations Resets by Voluntary Discontinuance Case: HSBC Bank USA, N.A. v Min Young You, 2026 NY Slip Op 06102 Court: Appellate Division,...

Foreclosure Accounting Requires Admissible Records, and Unexplained Delay Can Warrant Interest Tolling

Date: Oct 24, 2026

Foreclosure Accounting Requires Admissible Records, and Unexplained Delay Can Warrant Interest Tolling Case: HSBC Bank USA, N.A. v Mohassib, 2026 NY Slip Op 06103 Court: Appellate Division, Second...

Matter of Gonzalez: Immediate Disbarment on Disciplinary Resignation, Without Retroactive Effect, and Enforceable Restitution

Date: Oct 24, 2026

Matter of Gonzalez: Immediate Disbarment on Disciplinary Resignation, Without Retroactive Effect, and Enforceable Restitution Case: Matter of Gonzalez, 2026 NY Slip Op 06116 Court: Supreme Court of...

Waterfront-Park Condemnation Upheld on Public-Purpose Findings, SEQRA Compliance, and Written Waterfront-Consistency Review

Date: Oct 24, 2026

Waterfront-Park Condemnation Upheld on Public-Purpose Findings, SEQRA Compliance, and Written Waterfront-Consistency Review Case: Matter of Red Hook Boat Club, Inc. v Town Bd. of Town of Red Hook,...

Matter of Wolf: Escrow Abuse and Client-Fund Misappropriation Warrant Disbarment Despite Claimed Gambling Recovery

Date: Oct 24, 2026

Matter of Wolf: Escrow Abuse and Client-Fund Misappropriation Warrant Disbarment Despite Claimed Gambling Recovery Case: Matter of Wolf, 2026 NY Slip Op 06125 Court: Appellate Division of the Supreme...

Uninterrupted Prewarning Interrogation Can Require Suppression Despite a Later Miranda Waiver

Date: Oct 24, 2026

Uninterrupted Prewarning Interrogation Can Require Suppression Despite a Later Miranda Waiver Case: People v Jackson, 2026 NY Slip Op 06139 Court: Supreme Court of the State of New York, Appellate...

A Lawful Protective Frisk Does Not Justify an Unsupported Pocket Search: People v Sanchez

Date: Oct 24, 2026

A Lawful Protective Frisk Does Not Justify an Unsupported Pocket Search: People v Sanchez Case: People v Sanchez, 2026 NY Slip Op 06146 Court: Appellate Division, Second Department, Supreme Court of...

Unsigned Retainers Do Not Automatically Defeat Malpractice Claims Based on Undertaken Representation

Date: Oct 24, 2026

Unsigned Retainers Do Not Automatically Defeat Malpractice Claims Based on Undertaken Representation Case: Sapp-Gooding v Kreindler & Kreindler, LLP, 2026 NY Slip Op 06159 Court: Supreme Court of the...

Campaign-Email Opinion and Hyperbole Support Anti-SLAPP Dismissal and Fee Shifting

Date: Oct 24, 2026

Campaign-Email Opinion and Hyperbole Support Anti-SLAPP Dismissal and Fee Shifting Case: Spain v Williams, 2026 NY Slip Op 06160 Court: Appellate Division of the Supreme Court of New York, Second...

Idaho Co-Employee Immunity: Disputed Subcontractor Status Requires the Right-to-Control Test

Date: Oct 24, 2026

Idaho Co-Employee Immunity: Disputed Subcontractor Status Requires the Right-to-Control Test Case: Alexander Bauer v. Scott Myers and Sons Roofing and Construction Court: Supreme Court of Idaho...

Ownership-Like Control of a Divided Private Road Can Support Adverse Possession on Summary Judgment

Date: Oct 24, 2026

Ownership-Like Control of a Divided Private Road Can Support Adverse Possession on Summary Judgment Case: Genesee County Fish & Game Protective Assn., Inc. v Sullivan Citation: 2026 NY Slip Op 06168...

Graphic Abuse Evidence in Parental-Complicity Trials: Probative Value, Authentication, and Fair-Trial Protections

Date: Oct 24, 2026

Graphic Abuse Evidence in Parental-Complicity Trials: Probative Value, Authentication, and Fair-Trial Protections Case: Alexandra Ward v. Commonwealth of Kentucky Court: Supreme Court of Kentucky...

Premature BRB Reimbursement Does Not Reduce Liability Limits: The Liability Carrier Bears the Loss

Date: Oct 24, 2026

Premature BRB Reimbursement Does Not Reduce Liability Limits: The Liability Carrier Bears the Loss Case: Allstate Property and Casualty Insurance Company v. Kenneth Jarnigan Court: Supreme Court of...

Separate Sexual Acts Support Multiple Convictions, and Informal Family Authority Can Support First-Degree Sexual Abuse

Date: Oct 24, 2026

Separate Sexual Acts Support Multiple Convictions, and Informal Family Authority Can Support First-Degree Sexual Abuse Case: Anthony McDowell v. Commonwealth of Kentucky Court: Supreme Court of...