Conditional Admissibility of Patient-Death Evidence in Pill-Mill Prosecutions Requires a Defendant-Specific “Connectivity” Showing Case: United States of America v. Evann Herrell; Mark Grenkoski;...
Unambiguous “Licensed Employee” Contract Language and Sufficient Board Minutes Create a Mississippi School Employee Property Interest Triggering § 37-9-105 Notice-and-Hearing Rights 1. Introduction...
Unsettled-Law Defeats Plain Error and Voluntary Refusal of Transport Permits Sentencing in Absentia I. Introduction In State of New Hampshire v. Dale E. Holloway, Jr. (N.H. June 17, 2026), the...
Upward Variances After a Taylor Vacatur: Guidelines “Unit Cap” and Dismissed § 924(c) Exposure Can Justify Reimposing the Original Aggregate Sentence I. Introduction In United States v....
Standing to Mount a Constitutional Challenge Requires a Disadvantaged Legal Interest: Expungement-Statute Challenge Dismissed and Court of Appeals Opinion Vacated 1. Introduction In Sela Investments,...
Trespass Lies Where an Easement Holder Overburdens Private Streets; Public Nuisance “Special Injury” Includes Pecuniary Loss and Trespass 1. Introduction Forest Hills Gardens Corp. v West Side Tennis...
Title Insurer Tort Claims Barred Absent an Independent Duty; Time-Barred Amendments Denied Where Relation-Back Fails Case: Marrero v Thomas, 2026 NY Slip Op 03788 (App. Div. 2d Dep’t June 17, 2026)...
Technology-Competence Duty Expanded: Rhode Island Adds “Benefits and Risks” of Developing Technology to Rule 1.1 and Issues Interim Generative AI Ethics Guidance 1. Introduction In In re Amendments...
No Strickland Prejudice from Carryover Accomplice-Liability Instruction Expressly Limited to Prior Charges; Sentencing-Factor Objection Requires Outcome-Determinative Prejudice Introduction In...
No-Fault De Novo Actions: Insurer Must Prove Timely Mailing of Denials (or Face Preclusion), While Causation Defenses Require a Specific, Record-Based Showing 1. Introduction American Tr. Ins. Co. v...
Out-of-Possession Landlords Not Liable for Non-“Structural” Garage Rolling Gates Under a Narrow Lease Definition; Futile Administrative Code § 28-301.1 Amendments Properly Denied 1. Introduction...
Admitted MRI Evidence Must Be Meaningfully Made Available to the Jury During Deliberations; Denial Can Require a New Trial on Proximate Cause Under CPLR 4404(a) 1. Introduction In J.T.M. v Parrinello...
Sex Offender Parole Under § 31-21-10.1 Attaches at Sentencing Without a Prison-Incarceration Prerequisite Case: State v. Eaker Court: Supreme Court of New Mexico Date: June 17, 2026 Posture: State’s...
Habeas Rule 12(b)(5) Dismissals Must Use the Twombly/Sisney “Plausibility” Standard—South Dakota Retires the “No Set of Facts” Formulation in Habeas Case: Guzman v. Sullivan, 2026 S.D. 38 (S.D. June...
“Regular Use” in UIM Policies Is a Fact Question for the Jury—Improper to Discharge the Jury on Contract-Interpretation Grounds I. Introduction In Peter A. O'Rourke v. Nationwide Mutual Insurance...
State v. Jercy: Show-Up Identifications Must Be Evaluated Under HAWJIC 3.19A and the Effect of Suggestiveness, with Suppression Required When the Record Shows Unreliability 1. Introduction State v....
Vacatur of Default Custody/Family-Offense Orders Where Participation Was Intended and Best-Interests Facts Remain Disputed Case: Matter of Figaro v. White, 2026 NY Slip Op 03798 (App Div, 2d Dept...
Courts May Not Grant Withdrawn Summary-Judgment Relief; Dental-Malpractice Movants Must Rebut the Bill of Particulars with Nonconclusory, Document-Supported Expert Proof 1. Introduction Rosenzweig v...
State v. Steichen: Norgaard Pleas Require an Alford-Level “Strong Factual Basis” Including the State’s Trial Evidence Case: State of Minnesota v. Paul James Steichen (Minn. June 17, 2026) Court:...
Improper-Conduct Limits on Unjust Enrichment: Wang Electric Confined to Tenant Improvements; Owners Who Arrange Improvements and Pay No One Face Restitution Without Privity I. Introduction In MARKHAM...