Vacatur When the Prevailing Agency Moots an APA/NEPA Appeal by Withdrawing Its Decision Memo and Renouncing the Challenged Practice Case: New Mexico Cattle Growers' Association v. United States...
Res Judicata Bars Successive Postjudgment Motions Re-Litigating “Compliance” with a Property-Distribution Judgment Absent New Facts Case: Berger v. Berger, 2026 ND 110 (N.D. June 4, 2026) Court:...
Trust Accounting Objections: Liberal Amendment and Summary-Judgment Limits in “Prudent Person” Diversification Claims Introduction In Matter of James M. McDonald III Trust (JP Morgan Chase Bank,...
Public Street Utility-Vault Grate Gaps: Google Street Imagery, Competing Experts, and the Limits of “Trivial Defect” and “Open and Obvious” on Summary Judgment Introduction Stegman v City of Glens...
Matter of Kosier: Triable SCPA 707 Disqualification Allegations Require a Hearing Before Granting Letters of Administration to a Surviving Spouse 1. Introduction Matter of Kosier (Appellate Division,...
Summary Judgment Requires Decipherable Proof Linking Business Records to the Amount Claimed: Gaul v. Cool Insuring Agency, Inc. (3d Dept 2026) 1. Introduction In Gaul v Cool Insuring Agency, Inc....
Article 15 Requires Bona Fide Paid Municipal Employment: Sham “Donation-for-Job” Arrangements Do Not Create Service Credit 1. Introduction Matter of Ballard v DiNapoli (2026 NY Slip Op 03493 [3d Dept...
Unified Judicial System Clerks Are Not “Civil Officers” Required to Take and File Constitutional Oaths; Baseless Oath Challenges May Be Frivolous Commentary on Sanderson v. Demers, 2026 ND 113 (N.D....
People v. Russ: Inventory Searches Require Proof of Standardized, Discretion-Limiting Policy (Including Any Canine Use or Intrusive Compartment Access) 1. Introduction In People v Russ (2026 NY Slip...
Unsigned Reclassification Paperwork Cannot Expand Civil Service Title Duties for Out-of-Title Work Analysis 1. Introduction Matter of Theopheles v. County of Rensselaer (Appellate Division, Third...
When Parent–Grandparent Conflict Makes “As-Agreed” Visitation Untenable, Family Court Must Set a Definitive Schedule Matter of Justine N. v. Michelle P., 2026 NY Slip Op 03497 (App Div 3d Dept June...
Diligent Efforts for Incarcerated Parents: Reasonable Contact Suffices, but Relative Placement Requires Affirmative Investigation 1. Introduction In Matter of Aliano E. (Alan E.) (2026 NY Slip Op...
MHL Article 81: Courts May Not Sua Sponte Modify Guardianship Powers, and Compensation Reductions Require Notice and a Reasonableness Hearing Case: Matter of Karissa W., 2026 NY Slip Op 03490 (App...
Oral Assumption of Debt Between Debtor and Third Party Is Not Barred by N.D.C.C. § 9-06-04(2) or (5) Case: Hofer v. Paulson, 2026 ND 111 (N.D. June 4, 2026) 1. Introduction Hofer v. Paulson arose out...
Reaffirming Progressive Discipline and the “Minimum 60-Day Suspension” Norm Despite a 30-Day Stipulation 1. Introduction This matter arises from a Wisconsin attorney-discipline proceeding brought by...
People v. Jackson: When the People Concede They Were Not Actually Ready, CPL 30.30 Requires a Fact-Finding Hearing to Allocate Chargeable Time Despite a Filed COC/SOR Case: People v Jackson, 2026 NY...
Custody Modification Requires a Threshold “Change in Circumstances” Finding Before Best-Interests Review (Error May Be Harmless if Record Independently Establishes the Change) 1. Introduction Matter...
Administrative Res Judicata Does Not Bar a Workers’ Compensation “Acceleration” Claim Until Benefits Are Terminated and the Dispute Is Ripe 1. Introduction In WSI v. Jones, 2026 ND 115, the North...
Default Does Not Bar Appellate Review of Contested Inquest Issues in Family Court Custody Proceedings 1. Introduction Matter of Rachel QQ. v. Jaime QQ. (2026 NY Slip Op 03494) is a Third Department...
Impass-Tie-Breaker Authority in Joint Legal Custody and Required Record Development Before Denying Expanded Parenting Time 1. Introduction Matter of Andrew O. v Jessica P. (Appellate Division, Third...