Retirement Does Not Defeat Lawyer Discipline: Default-Based Proof and a One-Year Suspension for Probate Mismanagement, Unreasonable Fees, and Criminal Misconduct 1. Introduction Office of Lawyer...
Retirement Does Not Defeat Disciplinary Jurisdiction: One-Year Suspension for Knowing Estate/Trust Misconduct and Egregious Misdemeanor Conduct in Default 1. Introduction Office of Lawyer Regulation...
Knowingly Presenting an Immigration Document with No Reasonable Basis in Law or Fact (18 U.S.C. § 1546(a), Paragraph Four) Categorically Constitutes a CIMT 1. Introduction In Nemis v. Blanche (2d...
Second Circuit: “Limited Partner” (I.R.C. § 1402(a)(13)) Means Limited Liability and No Managerial Control; NESE Is a TEFRA Partnership Item Reviewable in FPAA Proceedings 1. Introduction Case:...
Mandamus Is Unavailable to Upset a Primary Election Tie-Breaker When a Statutory Election Contest Remedy Existed; Court Flags Need for Timely Public Access to Overage/Underage Data 1. Introduction...
Referee “Hear-and-Determine” Decisions as Court Mandates Enforceable by Civil Contempt in Matrimonial Equitable Distribution Case: Brandford v Brandford, 2026 NY Slip Op 05270 (App Div, 2d Dept Sept....
Contractors Cannot Sue for Damages Under General Municipal Law § 101(5); Conclusory Third-Party Beneficiary and Unjust Enrichment Pleadings Fail at CPLR 3211(a)(7) 1. Introduction In Civetta Mech.,...
Leave-to-Amend Orders Have No Preclusive Effect on RGB Rent-Increase Entitlement; Minimum-Dollar RGB Increases Must Be Preserved in the Renewal Lease Introduction Case: Matter of Hillside Place, LLC...
Conclusive Security Claims Do Not Justify Blanket FOIL Withholding: Mandatory In Camera Review for Cybersecurity Contracts and Executive Calendars 1. Introduction Case: Matter of Newsday, LLC v....
Ortiz v. Blanche: Reaffirming the “Futile or Dangerous to Report” Requirement for Unreported Private-Actor Persecution in Asylum Cases 1. Introduction In Ortiz v. Blanche (10th Cir. Sept. 16, 2026),...
Reaffirming Broad Digital-Warrant Searches, Rule 702 “Teaching Experts,” and Harmless-Guidelines Review in a RICO Sex-Trafficking Prosecution Introduction In United States v. James Goode (3d Cir....
Third Circuit Reinforces Deference in Multi-Defendant RICO/Sex-Trafficking Trials: Joint-Trial Preference, “Teaching Expert” Fit, Broad Digital Warrants, and Attempt as “Substantial Step” Case:...
“Overall Project Purposes” Under CWA § 404(b) May Include Multiple Interconnected Objectives Case: Save The Colorado v. Graham (10th Cir.) Date: September 15, 2026 Panel: Holmes (C.J.), Tymkovich,...
Legislative Cutbacks to Earned-Time Credits Are Not Subject to Procedural Due Process; Victim-Expectation Carveouts Survive Common Benefits Review I. Introduction In Chavis Murphy v. Nicholas Deml...
FAPA Renewal Rule: Voluntary Discontinuance Does Not De-Accelerate or Reset the Mortgage Foreclosure Limitations Period 1. Introduction Bank of N.Y. Mellon v Conforti (2026 NY Slip Op 05262 [2d Dept...
Bellavia v. Hoppenstein: Nonconforming CPLR 2106 Party Affirmations Cannot Supply Facts on CPLR 3211 Motions (but Legal Argument May Still Be Considered) Case: Bellavia v Hoppenstein, 2026 NY Slip Op...
Documentary Evidence Can Defeat Short-Sale “Condition Precedent” Theories at the Pleading Stage, Enforcing Time-of-the-Essence Default and Down-Payment Forfeiture 1. Introduction Clarke v Spino (2026...
Foley v. Foley: Civil Contempt May Enforce an Unpaid Matrimonial Distributive Award Where Execution Is Not Legally Available; Issues Are Forfeited After an Abandoned Cross-Appeal 1. Introduction In...
Policyholder Entitlement to MLMIC Demutualization Proceeds Absent Assignment or Contractual Transfer 1. Introduction Joseph Onorato, M.D., P.C. v Bruck (Appellate Division, Second Department, Sept....
King v. Kohn (2d Dep’t 2026): No Notice of Pendency Where Pleading Seeks Only Damages; Former DCL § 276 Unavailable for Post–April 4, 2020 Conduct 1. Introduction In King v Kohn (2026 NY Slip Op...