Stipulated Post-Hearing Income Submissions Permit Supplemental Evidence, but Income Imputation Requires a Purpose Finding and Effective-Date Explanation 1. Introduction Childers v. Childers, 2026 ND...
Res Judicata Does Not Bar Later “Offset” Claims After a Default Judgment; CPLR 205(a) May Save Refiled Former Counterclaims Case: Vince's Pizza Plus, Inc. v. Dion DeFedericis, 2026 NY Slip Op 04598...
RPTL 497(2) Makes NYSERDA Filing Non-Precondition to Effectiveness of RPTL 487 Solar-Exemption Opt-Out Laws (and Applies Retroactively) 1. Introduction Matter of Solar Advocate Dev., LLC v Assessor...
Hayseeds “Necessity” Requires Insured Cooperation and Meaningful Demand; Bankruptcy-Related Noncooperation Defeats Fee-Shifting Introduction In Bristol Springs Custom Homes, LLC v. Argos Group US,...
Hayseeds “Necessity” Requires More Than Post-Suit Settlement Timing; West Virginia UTPA Subsections (b), (c), (d), (f), (g), and (m) Remain Unavailable to Insureds Introduction In Bristol Springs...
Equitable Tolling Requires Concrete Diligence in EEOC Filings; Ethnic “Food/Language” Remarks Alone May Not Meet § 1981 Hostile-Environment Threshold 1. Introduction In Raymond Rodriguez v. Loyal...
Excess Insurers Cannot Demur Solely for Non-Exhaustion: Declaratory Relief and Bad-Faith Claims May Proceed Upon Adequate Allegations of Covered Loss and Likely Attachment Case: Fox Paine & Co, LLC...
DVSJA “Significant Contributing Factor” Requires Evidence Linking Abuse to the Criminal Act—Childhood Trauma Alone Is Insufficient 1. Introduction People v Sean S. (Appellate Division, Fourth...
An Unqualified “No Objection” Waives Confrontation and Right-to-Counsel Claims and Limits Supervisory Relief 1. Introduction In State v. Keaton (Conn. July 28, 2026), the Supreme Court of Connecticut...
People v. Kadenhead: Common-Hallway Arrests Do Not Trigger Payton, and “Last-Seen” Video Evidence Can Supply Probable Cause Despite Timestamp Error Court: Appellate Division, Fourth Department...
People v. Riley: Circumstantial Evidence and “Natural and Probable Consequences” Permit an Intent-to-Kill Inference for Accessorial Second-Degree Murder; Strategic Avoidance of Inconsistent Defenses...
BOLO Plus “Arrest Paperwork” and Victim Identification Can Supply Reasonable Suspicion and Probable Cause; Inventory-Search/Impoundment and Miranda Rulings Deferentially Upheld 1. Introduction In...
Ingram v Cuba Mem. Hosp., Inc.: Defendants Must Establish Each Summary-Judgment Element (Including Causation) and Cannot Win Article 28 Dismissal Where Their Own Proof Raises Fact Issues 1....
Passenger’s Justification in a Vehicle Shootout: Failure to Disprove Safe Retreat Warrants Weight-of-Evidence Reversal of Second-Degree Manslaughter (People v Major) 1. Introduction In People v Major...
Invalid Appeal Waiver Does Not Bar Suppression Review; De Bour Escalation Upheld Based on Dispatch/Order-of-Protection Information and Traffic-Violation Probable Cause 1. Introduction In People v...
Irrelevant Evidence Before the Grand Jury Does Not Automatically Defect the Indictment Absent Pervasive, Willful Prosecutorial Misconduct Case: People v. Stencel, 2026 NY Slip Op 04574 (App Div, 4th...
§ 922(g)(1) As-Applied Challenges: Government Must Prove a Founding-Era Tradition for Disarming Property-Crime Felons and May Not Substitute “Dangerousness” Factfinding for the Predicate I....
Third Circuit: Even Where Rooker-Feldman/Younger May Not Dispose of a § 1983 Challenge to Family-Court Conduct, Immunities and § 1983 Merits Defects Require Dismissal—and Official-Capacity...
Perfunctory Briefing Waives Most Appellate Issues; Severance Requires Concrete “Actual Prejudice” Beyond Spillover Evidence I. Introduction In United States v. Lin (10th Cir. July 24, 2026)...
Horocofsky v. City of Lawrence (10th Cir. 2026): Police-Affidavit Causation Limits § 1983 Malicious Prosecution and Reasserts the Default Rule Against Retaining Supplemental State Claims After...