“Whenever Made” Means What It Says: Broad Related-Claims Clauses Treat Later Suits as One Claim First Made in the Earliest Policy Period Case: Navigators Specialty Insurance Company v. Avertest, LLC...
Equitable Tolling of Untimely Motions to Reopen Requires Fact-Specific Proof of Reasonable Diligence; No Remand for Alleged Sua Sponte Reopening Error Where Removability Is Certain After Intervening...
Odor of Marijuana and Flight Establish Probable Cause to Search a Vehicle’s Trunk; Within-Guidelines Sentences Need Not “Robotically Tick Through” § 3553(a) Introduction In United States v. Melvin...
Home Detention Must Substitute One-for-One for Imprisonment and Cannot Push Revocation Punishment Beyond § 3583(e)(3)’s Maximum Case: United States v. Mariel Watson (4th Cir. June 8, 2026)...
Consecutive Federal Sentences for Offenses Committed on State Parole Are Reasonable Under U.S.S.G. § 5G1.3(d) When the Court Adequately Addresses § 3553(a) Introduction In United States v. Kevin...
Warrantless Cannabis Regulatory Inspections Upheld Under Burger; As-Applied Challenges Must Exhaust Administrative Remedies 1. Introduction In Matter of Super Smoke N Save LLC v New York State...
People v. Everett: A Certificate of Compliance Is Not “Illusory” Merely Because Scientific Testing Was Not Yet Performed Court: Appellate Division, Third Department (June 11, 2026) | Citation: 2026...
Telework as a Reasonable Accommodation Requires an Individualized “Essential Functions” and Undue-Hardship Showing—Generalized Return-to-Office Rationales Are Insufficient Introduction Matter of...
Mutual Aid Demand as Proof of “Public Need”: Deferential Review of SEMSCO Approvals Expanding Ambulance Service Territory 1. Introduction Matter of Ambulnz NY 2, LLC v. New York State Emergency Med....
Arbitration Clauses with Unfilled Arbitrator Blanks Remain Enforceable; Courts May Appoint a Rabbinical Tribunal Under CPLR 7504 1. Introduction Matter of Klein (Human Care Servs. for Families &...
Cost-Justified Sewer Connection Fees: Inflow/Infiltration Mitigation May Be Required, but the Per-Unit Amount Must Be Proven 1. Introduction Matter of Schermerhorn Residential Holdings, L.P. v...
“True Threat” Requirement for Harassment Findings and Domestic-Violence–Informed Custody: Sole Custody with Supervised Parenting Time 1. Introduction Matter of Raelene KK. v Anthony LL. (2026 NY Slip...
Wisconsin Supreme Court May Treat a “Notice of Appeal” as Sufficient to Invoke Review of a Three‑Judge Apportionment Panel and Apply Court of Appeals Procedures by Default 1. Introduction Case:...
Probation Revocation Requires Independent Verification Beyond Probable Cause; Preliminary-Hearing Cross-Examination Can Satisfy Due Process Without Anaya Balancing 1. Introduction In GARCIA (BYRON)...
Third Department Adopts Farnsworth: Clear-and-Convincing Proof of Sexual Motivation for Pre-SOMTA Designated Felonies Satisfies Due Process in Article 10 1. Introduction Matter of State of New York v...
People v. Hartfield: A Guilty Verdict on the Greater Count Operates as a Statutory Dismissal of Submitted Lesser Counts (CPL 300.40[3][b]) 1. Introduction In People v Hartfield, 2026 NY Slip Op 03698...
Venue Incident to Consolidation: No Independent CPLR 510(3) Showing Required; “Special Circumstances” May Override the First-Filed Rule Case: Preferred Mut. Ins. Co. v. Monahan, 2026 NY Slip Op 03716...
Workers’ Compensation Law § 10 (3) (c) Is Not Retroactive to Final Board Decisions; Correction Officers Are Not “Other Person[s] Certified to Provide Medical Care in Emergencies” Under § 10 (3) (b)...
Electronic FROI “L-With Liability” Entry Is Not a Binding Acceptance Where System-Required; SROI-Employer Paid Preserves One-Year Controvert Period Under WCL § 21-a in Unindexed Claims 1....
People v. Monahan: Shooting Toward Occupied Departing Vehicles Supports Depraved-Indifference Murder; Tampering May Be Inferred from Missing Ballistic Debris and Post-Event Cleaning I. Introduction...