no-formal-hierarchy-required:-third-circuit-affirms-tier-iii-designation-of-the-grey-wolves-and-broad-reach-of-the-ina’s-material-support-bar Case Commentaries

Noncommittal Lease Negotiations Are Immaterial (and Unreliably Reliable) as a Matter of Law for “Bet-the-Farm” Fraud Damages

Date: Jun 27, 2026

Noncommittal Lease Negotiations Are Immaterial (and Unreliably Reliable) as a Matter of Law for “Bet-the-Farm” Fraud Damages Case: Maya Walnut LLC f/k/a Maya Foods, Inc. v. Bryan Ly, Walnut Creek...

No-Evidence Summary Judgment Specificity: Challenging the Sole Interference Element Is Sufficient Notice

Date: Jun 27, 2026

No-Evidence Summary Judgment Specificity: Challenging the Sole Interference Element Is Sufficient Notice I. Introduction In Robert H. Crane v. Sasha Sturdivant Crane (Tex. June 26, 2026) (per...

Limiting Peeler: Independent Fee/Billing Claims Survive Without Exoneration; Third-Party Payor Standing for Direct Economic Loss

Date: Jun 27, 2026

Limiting Peeler: Independent Fee/Billing Claims Survive Without Exoneration; Third-Party Payor Standing for Direct Economic Loss I. Introduction In Amber Carden and William Duncan McGee v. Minton,...

Giving Legal Effect to “Clarifying” Orders: A Dissent’s Rule Against Treating Court Orders as Surplusage in Finality and Appellate-Jurisdiction Disputes

Date: Jun 27, 2026

Giving Legal Effect to “Clarifying” Orders: A Dissent’s Rule Against Treating Court Orders as Surplusage in Finality and Appellate-Jurisdiction Disputes I. Introduction This Supreme Court of Texas...

Limitations Bar Injunctions to Abate Nuisance Absent a Timely Cause of Action

Date: Jun 27, 2026

Limitations Bar Injunctions to Abate Nuisance Absent a Timely Cause of Action Introduction In FAMILY DOLLAR STORES OF TEXAS, LLC, ARCP FDCCC1403 LLC, 7B BUILDING & DEVELOPMENT, LLC, TRIPLE C...

TMLA Limitations: “Occurrence of the Tort” Requires Injury; Completion-of-Treatment Triggers When Injury Follows Treatment

Date: Jun 27, 2026

TMLA Limitations: “Occurrence of the Tort” Requires Injury; Completion-of-Treatment Triggers When Injury Follows Treatment Case: Soren Aldaco v. Barbara Rose Wood and Three Oaks Counseling Group, LLC...

Multiple Plausible Statutory Readings Create a “Substantial Ground for Difference of Opinion” Under Texas CPRC § 51.014(d)

Date: Jun 27, 2026

Multiple Plausible Statutory Readings Create a “Substantial Ground for Difference of Opinion” Under Texas CPRC § 51.014(d) Case: MCKESSON MEDICAL-SURGICAL INC. v. BRIAN CLEVELAND, INDIVIDUALLY AND ON...

Former Family Code § 161.001(b)(1)(O): Termination Cannot Rest on Vague Service-Plan Clauses, Post-Order Provider Recommendations, or Trivial Noncompliance

Date: Jun 27, 2026

Former Family Code § 161.001(b)(1)(O): Termination Cannot Rest on Vague Service-Plan Clauses, Post-Order Provider Recommendations, or Trivial Noncompliance Introduction In In the Interest of J.Z.A.,...

Late Access to Chapter 51 Examiner Reports Does Not Defeat Competency; Error Reviewed for Harmlessness

Date: Jun 27, 2026

Late Access to Chapter 51 Examiner Reports Does Not Defeat Competency; Error Reviewed for Harmlessness I. Introduction In Outagamie County v. M.J.B., 2026 WI 23, the Supreme Court of Wisconsin...

Radiologist’s Limited Duty on Follow-Up Testing: No General Obligation to Recommend a Biopsy Absent an Assumed Duty

Date: Jun 27, 2026

Radiologist’s Limited Duty on Follow-Up Testing: No General Obligation to Recommend a Biopsy Absent an Assumed Duty Case: Rashada v Ahmed, 2026 NY Slip Op 04061 (App. Div., 4th Dep’t June 26, 2026)...

Grand Jury Integrity Standard: No Justification Charge Without Supporting Evidence; Prior-Conviction Element May Be Presented for Penal Law § 265.03 (3)

Date: Jun 27, 2026

Grand Jury Integrity Standard: No Justification Charge Without Supporting Evidence; Prior-Conviction Element May Be Presented for Penal Law § 265.03 (3) 1. Introduction In People v Anderson (2026 NY...

People v. Crews: Holistic “Bay Factors” Due-Diligence Review Sustains Discovery Compliance and CPL 30.30 Readiness Despite Belated BWC Disclosure

Date: Jun 27, 2026

People v. Crews: Holistic “Bay Factors” Due-Diligence Review Sustains Discovery Compliance and CPL 30.30 Readiness Despite Belated BWC Disclosure 1. Introduction In People v Crews (2026 NY Slip Op...

Ambiguous Additional-Insured Contract Scope Bars Summary Judgment and Requires Discovery Rulings Before Determining the Duty to Defend

Date: Jun 27, 2026

Ambiguous Additional-Insured Contract Scope Bars Summary Judgment and Requires Discovery Rulings Before Determining the Duty to Defend 1. Introduction In County of Erie v Selective Ins. Co. of Am.,...

Post‑Crime Psychiatric Diagnosis Is Relevant to Penal Law § 40.15 and Cannot Be Precluded as “Speculative” When Grounded in Pre‑Incident Records

Date: Jun 27, 2026

Post‑Crime Psychiatric Diagnosis Is Relevant to Penal Law § 40.15 and Cannot Be Precluded as “Speculative” When Grounded in Pre‑Incident Records 1. Introduction In People v Williams, 2026 NY Slip Op...

Post-Judgment “Clarifying” Orders and Finality: No Loss of Appellate Jurisdiction Absent an Express, Specific Written Modification

Date: Jun 27, 2026

Post-Judgment “Clarifying” Orders and Finality: No Loss of Appellate Jurisdiction Absent an Express, Specific Written Modification 1) Introduction This Texas Supreme Court matter arises from a...

R.C. 5717.03(G) Limits the BTA’s Sua Sponte Issue-Spotting and Confirms “Direction or Control” Survives Third-Party Parking Management Under R.C. 5709.121(A)(2)

Date: Jun 27, 2026

R.C. 5717.03(G) Limits the BTA’s Sua Sponte Issue-Spotting and Confirms “Direction or Control” Survives Third-Party Parking Management Under R.C. 5709.121(A)(2) Case: RiverSouth Auth. v. Harris, Slip...

Conclusory Tolling Allegations Cannot Defeat Rule 91a Limitations Dismissal on the Pleadings

Date: Jun 27, 2026

Conclusory Tolling Allegations Cannot Defeat Rule 91a Limitations Dismissal on the Pleadings Case: AMBER CARDEN AND WILLIAM DUNCAN MCGEE v. MINTON, BASSETT, FLORES & CARSEY, P.C.; AND JOHN C. CARSEY,...

Texas “Red Flag” Reliance Rule: A Sophisticated Party’s Suspicion Triggers a Duty to Investigate (At Least by Asking)

Date: Jun 27, 2026

Texas “Red Flag” Reliance Rule: A Sophisticated Party’s Suspicion Triggers a Duty to Investigate (At Least by Asking) 1. Introduction In Maya Walnut LLC f/k/a Maya Foods, Inc. v. Bryan Ly, Walnut...

Peeler Is Not a Categorical Shield: Unexonerated Defendants and Third-Party Payors May Pursue Independent Fee-and-Accounting Claims

Date: Jun 27, 2026

Peeler Is Not a Categorical Shield: Unexonerated Defendants and Third-Party Payors May Pursue Independent Fee-and-Accounting Claims I. Introduction In Amber Carden and William Duncan McGee v. Minton,...

Injunctions Are Remedies, Not Claims: Limitations Bars Nuisance-Abatement Injunctions When the Underlying Cause of Action Is Time-Barred (and Express Finality Must Be Expressly Undone)

Date: Jun 27, 2026

Injunctions Are Remedies, Not Claims: Limitations Bars Nuisance-Abatement Injunctions When the Underlying Cause of Action Is Time-Barred (and Express Finality Must Be Expressly Undone) I....