Defense Summary Judgment Denied Where Expert Opinions Ignore Record Evidence and Where PHL § 2801-d Requires Proof of No Deprivation of Resident Rights (Pressure-Ulcer Care) 1. Introduction Balgobin...
Medical Board Must Address Treating-Physician Evidence and Actual Job-Duty Demands When Denying WTC Physical Disability; No Article 78 Attorneys’ Fees Absent Authority 1. Introduction Matter of...
Prohibition Unavailable to Collaterally Review CPL 245.80 Evidence-Preclusion Sanctions Within Trial-Court Authority I. Introduction Matter of Rocah v McCarthy (2026 NY Slip Op 03967 [2d Dept June...
People v Bryant: Equivocal “Casing” Observations Plus Flight Do Not Create Reasonable Suspicion for Pursuit; Evidence and Statements Suppressed as Fruits of Unlawful Pursuit 1. Introduction In People...
State v. Kujawa (2026 S.D. 41): Rule 609 Impeachment Requires “Essential Facts” (Name/Nature and Date) and Rejects Blanket “Unnamed Felony” Limits Introduction In State v. Kujawa, the South Dakota...
South Dakota Cannot Exercise Concurrent Criminal Jurisdiction on Nebraska Side of Missouri River Absent a Reciprocal Nebraska Act or Compact Introduction State v. Ogden, 2026 S.D. 40 (S.D. June 24,...
In re A.C.: No Authority to Reinstate a Terminated Improvement Period; Noncompliance Supports Termination and Final Disposition 1. Introduction Case: In re A.C., Supreme Court of Appeals of West...
Summary Dispositions Reinforce Olentangy Local’s Control Over School-District Valuation Appeals and Demand Strict Statutory Compliance in Original Actions Introduction This “Case Announcements” entry...
Tulino v. Raza: Renewal Requires a Reasonable Justification and Reargument Orders Supersede Prior Discovery-Sanction Orders Case: Tulino v Raza, 2026 NY Slip Op 03998 (App Div, 2d Dept, June 24,...
Griffith v. MetroPlus Health Plan, Inc.: Audit-Based Termination as a Legitimate Nondiscriminatory Reason; “Office Space” Complaints Not Protected Activity Under NYSHRL/NYCHRL 1. Introduction In...
Rule 41(a)(2) Voluntary Dismissals: “With Prejudice” Requires a Finding of Plain Legal Prejudice Beyond a Second Lawsuit 1. Introduction In Timothy Hall v. Phillis Gail Ensor, Thomas Beach, III,...
Dispositional Orders Must Expressly Decide Post-Termination Visitation Motions and, If Granted, Set a Concrete Plan (Not Left to Placement Discretion) Case: In re A.G. and A.W.-1 Court: Supreme Court...
Post-Dispositional Improvement Period Requires a Substantial Post-Adjudicatory Change; Serious Safety Violations and Dishonesty Support Termination Without Less Restrictive Alternatives 1....
Statewide Summary Affirmance of “Cases Held” in School-District BOR Litigation Under Olentangy (2026-Ohio-1963) (and Marysville (2024-Ohio-3323) for Bedford) Case: In re Cases Held for Olentangy...
Relation-Back Permits Late Joinder of Engineers for Negligence Where Inherently Dangerous Excavation Creates Vicarious-Liability Unity of Interest—But Not for NYC Building Code § BC 3309.4 Strict...
Adult Survivors Act Claims in the Court of Claims: No Relation-Back for Newly Alleged Abuse Incidents and a Wrong “Time When” Is an Uncurable Jurisdictional Defect Case: Farrell v State of New York,...
Excessive Default-Judgment Damages May Be Vacated Under Courts’ Inherent Power, With a New Inquest (and Reassignment) Required When the Inquest Record Is Deficient 1. Introduction Case: Williams v...
Mandamus Fee Denials Must Be Explained and Evaluated Under Highlands (Rule 52(a) Findings Required) 1. Introduction In Michael Shawn Steffen v. Scott Caserta, as Clerk of the County Commission of...
Personal Safety Orders Require Proof by a Preponderance, and Rule 59(e) Limits Appellate Review to Issues Raised 1. Introduction In A.H. v. J.B. (Supreme Court of Appeals of West Virginia, June 24,...
In re A.G.: Ongoing Domestic-Violence Threat and Prior Involuntary Terminations Support Adjudication, Denial of Improvement Period, and Termination Without Less Restrictive Alternatives 1....