NYCHHC Employees Must Prove General Municipal Law § 50-k(4) Compliance Before Winning Notice-of-Claim Dismissal Introduction Williams v Biggs (2026 NY Slip Op 04791 [2d Dept July 29, 2026]) arises...
Reasoned Commercial-Corridor Zoning Exceptions for Cannabis Disensaries Satisfy Town Law § 262 Uniformity; Preemption Challenges Are Academic Absent Entitlement 1. Introduction Matter of Tink & E....
Matter of Cela: Federal Marijuana Distribution Felony Warrants Three-Year Attorney Suspension Under “Serious Crime” Discipline Framework 1. Introduction Matter of Cela (2026 NY Slip Op 04766) is an...
Termination for Failure to Provide a Return-to-Work Date Defeats NYSHRL/NYCHRL Pregnancy-Discrimination and Retaliation Claims on Summary Judgment 1. Introduction In Leibowitz v New York County...
Labor Law Verdict Consistency: Industrial Code Violations Without Proximate Cause Stand When Negligence and Causation Are Not “Inextricably Interwoven” 1. Introduction Gomez v City of New York (2026...
Personal-Participation Pleading Required to Sue an LLC Managing Member; Conclusory Remediation Negligence and Negligent Hiring Claims Dismissed at CPLR 3211 Stage Introduction In D & A Grandview, LLC...
State v. Trevizo: Three-Part Waiver Test for Third-Party Presence and a Narrow Mandatory-Reporting Exception to Physician-Patient Privilege 1. Introduction In State v. Trevizo (N.M. July 30, 2026),...
Disbarment Presumed When Felony Payroll-Tax Crime Arises from Law Practice and Client Funds Are Intentionally Misappropriated Introduction In In re Petition for Disciplinary Action against Kassius O....
Conspiracy to Commit First-Degree Controlled-Substance Sale Requires Intent as to Statutory Weight Threshold Case: State of Minnesota v. Mohamed Abdulgani Ahmed (Minn. Sup. Ct. July 29, 2026) Author:...
Post-Termination Visitation Requires Best-Interests Findings Under Amended Rule 15(b)(2)(A), and Case-Plan “Compliance” Does Not Bar Termination Absent Real Parenting Change 1. Introduction Case: In...
Confidentiality in Abuse-and-Neglect Cases Authorizes Limits on Public Disclosures; Disposition Is Not a Vehicle to Relitigate Adjudication (In re M.M.-1) Introduction In In re M.M.-1 (W. Va. July...
Separation from an Abuser Alone Does Not Substantially Correct “Failure-to-Protect” Conditions Warranting Termination Case: In re J.H., No. 25-545 (W. Va. Sup. Ct. App. July 28, 2026) (memorandum...
State v. Martinez: “Damage” Under Montana Criminal Mischief (§ 45-6-101(1)(a), MCA) Requires Proof of Damage Producing Pecuniary Loss; Ability-to-Pay Requires a Serious, Evidence-Based Inquiry 1....
Abandonment as Aggravated Circumstance: Discretionary Denial of Improvement Period and Excusal of DHS Reunification Efforts Case: In re D.C., No. 25-718 (W. Va. Sup. Ct. App. July 28, 2026)...
Missed Special-Needs Medical Care and Supervision Lapses as Neglect—and Termination—Despite Partial Improvement-Period Compliance Introduction In re B.H. and R.H. (W. Va. Sup. Ct. App. July 28, 2026)...
Michigan’s New Cruel-or-Unusual-Punishment Framework for Pre-Aaron Felony Murder: Burden-Shifting Review of Mandatory LWOP and Parole-Eligibility Remedy I. Introduction People of Michigan v. Edwin...
Montana Uniform District Court Rules: Statewide Uniform Procedure, Mandatory Motion Conferencing, and New Simplified/Informal Trial Frameworks Introduction On July 28, 2026 (Case No. AF 07-0110), the...
Settled-Party Comparative-Fault Defense Is Not a “Malpractice Claim” Triggering § 26-2-601 Expert-Qualification Limits Introduction Stricker v. Blaine County (Mont. 2026 MT 170N) is the fourth...
Res Judicata Bars Untimely Collateral Restitution Challenges; § 46-18-246, MCA Permits Prospective Reduction to Zero Upon Proven Inability to Pay Introduction In State v. J. Rodriguez (Mont. Sup. Ct....
State v. Thomas (2026 MT 171N): Vague Continuance Requests and Non-Substantial Counsel Complaints Do Not Compel Delay or Substitute Counsel—Especially Where Defendant Insists on Speedy Trial...