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

Municipal PFAS Claims May Seek Alternative Clean Water and Stigma Damages Despite DEC Remediation—No CPLR 3211 Dismissal on Double Recovery, Speculation, or Primary Jurisdiction

Date: Jun 26, 2026

Municipal PFAS Claims May Seek Alternative Clean Water and Stigma Damages Despite DEC Remediation—No CPLR 3211 Dismissal on Double Recovery, Speculation, or Primary Jurisdiction 1. Introduction In...

Matter of Chu: Serious-Crime Status Requires a Statutory “Necessary Element” or Plea-Record Facts; Foreign Discipline Still Supports New York Disbarment

Date: Jun 26, 2026

Matter of Chu: Serious-Crime Status Requires a Statutory “Necessary Element” or Plea-Record Facts; Foreign Discipline Still Supports New York Disbarment 1. Introduction Matter of Chu (2026 NY Slip Op...

FOIL After § 50-a Repeal: No Blanket Privacy Redactions for Unsubstantiated Officer-Complaint Names; Remedy Is Individualized Review on a Definite Timeline

Date: Jun 26, 2026

FOIL After § 50-a Repeal: No Blanket Privacy Redactions for Unsubstantiated Officer-Complaint Names; Remedy Is Individualized Review on a Definite Timeline 1. Introduction Matter of New York Civ....

Zeledon v. Zeledon: Unserved Pro Se Letters Do Not Toll CPLR 5015(a)(1) and Lengthy Delay Defeats Vacatur Even in Matrimonial Defaults

Date: Jun 26, 2026

Zeledon v. Zeledon: Unserved Pro Se Letters Do Not Toll CPLR 5015(a)(1) and Lengthy Delay Defeats Vacatur Even in Matrimonial Defaults 1. Introduction Case: Zeledon v Zeledon, 2026 NY Slip Op 04022...

Competitive-Bidding Disputes Are Reviewable After Project Completion Under the Public-Interest Mootness Exception; Trade Associations Have Standing to Pre-Enforce Challenge Municipal Ordinances Threatening Members

Date: Jun 26, 2026

Competitive-Bidding Disputes Are Reviewable After Project Completion Under the Public-Interest Mootness Exception; Trade Associations Have Standing to Pre-Enforce Challenge Municipal Ordinances...

CEQA Class 1 “Negligible Expansion of Use” Measures Change in Use, Not Environmental Risk

Date: Jun 26, 2026

CEQA Class 1 “Negligible Expansion of Use” Measures Change in Use, Not Environmental Risk I. Introduction Sunflower Alliance v. Dept. of Conservation (Cal. June 25, 2026) addresses how courts and...

PUCO Discretion to Raise Residential Fixed Charges and End Non‑Low‑Income DSM Under SFV (with Strict Rehearing Issue Preservation)

Date: Jun 26, 2026

PUCO Discretion to Raise Residential Fixed Charges and End Non‑Low‑Income DSM Under SFV (with Strict Rehearing Issue Preservation) I. Introduction Case: In re Application of Columbia Gas of Ohio,...

Assigned Counsel in Family Ct Act Article 6 Visitation: No Denial Absent Knowing Waiver or Egregious Forfeiture

Date: Jun 26, 2026

Assigned Counsel in Family Ct Act Article 6 Visitation: No Denial Absent Knowing Waiver or Egregious Forfeiture 1. Introduction Matter of Carlene R. v Heather A. (2026 NY Slip Op 04015 [3d Dept June...

Judicial Estoppel Does Not Bar WSI’s Statutory Subrogation Under N.D.C.C. § 65-01-09

Date: Jun 26, 2026

Judicial Estoppel Does Not Bar WSI’s Statutory Subrogation Under N.D.C.C. § 65-01-09 Case: Moos v. WSI, 2026 ND 119 (N.D. June 25, 2026) 1. Introduction In Moos v. WSI, the North Dakota Supreme Court...

Santacruz v. 58 Gerry St. LLC — Conflicting Accident Accounts Defeat Labor Law § 240(1) Summary Judgment and Anti-Subrogation Limits Additional-Insured Indemnity (with a Potential Excess-Coverage Exception)

Date: Jun 26, 2026

Santacruz v. 58 Gerry St. LLC — Conflicting Accident Accounts Defeat Labor Law § 240(1) Summary Judgment and Anti-Subrogation Limits Additional-Insured Indemnity (with a Potential Excess-Coverage...

R.C. 4928.148 OVEC Rider Audits: No Presumption of Prudence Shifting the Initial Proof Burden; PUCO Must Make a Prudence Determination Even When Utilities Lack Unilateral Control

Date: Jun 26, 2026

R.C. 4928.148 OVEC Rider Audits: No Presumption of Prudence Shifting the Initial Proof Burden; PUCO Must Make a Prudence Determination Even When Utilities Lack Unilateral Control Introduction In In...

Retrial After a Fundamentally Defective First Trial Is Not Barred by Double Jeopardy When the First-Trial Evidence Was Legally Sufficient

Date: Jun 26, 2026

Retrial After a Fundamentally Defective First Trial Is Not Barred by Double Jeopardy When the First-Trial Evidence Was Legally Sufficient Introduction In People v Hoffler (2026 NY Slip Op 04004), the...

Joint Legal Custody Preserved, But One Parent May Receive Tie-Breaking Authority After Good-Faith Impasse

Date: Jun 26, 2026

Joint Legal Custody Preserved, But One Parent May Receive Tie-Breaking Authority After Good-Faith Impasse Introduction In Matter of Alyssa P. v Jeffrey P. (2026 NY Slip Op 04017), the Appellate...

Statutory Zoning Appeal Is the Exclusive Remedy for Procedural and Conflict-of-Interest Challenges to County Rezoning Decisions

Date: Jun 26, 2026

Statutory Zoning Appeal Is the Exclusive Remedy for Procedural and Conflict-of-Interest Challenges to County Rezoning Decisions 1. Introduction Case: Danduran v. Eddy Cty. Zoning Bd., 2026 ND 125...

People v. Trowell — Search-Warrant Particularity in Multi-Unit Buildings: Apartment-Number Omission Not Fatal Where Target Premises Are Otherwise Identifiable

Date: Jun 26, 2026

People v. Trowell — Search-Warrant Particularity in Multi-Unit Buildings: Apartment-Number Omission Not Fatal Where Target Premises Are Otherwise Identifiable 1. Introduction In People v Trowell...

Prospective Suspension of Pendente Lite Child Support for Parental Alienation Under Judge-Made Law (Not DRL § 241)

Date: Jun 26, 2026

Prospective Suspension of Pendente Lite Child Support for Parental Alienation Under Judge-Made Law (Not DRL § 241) 1. Introduction Rosenfeld v Rosenfeld (2026 NY Slip Op 04048 [1st Dept June 25,...

Rule 60(b)(1) Cannot Reopen Jurisdictional Findings After the Time to Appeal, or Serve as a Vehicle to Relitigate Admiralty Jurisdiction

Date: Jun 25, 2026

Rule 60(b)(1) Cannot Reopen Jurisdictional Findings After the Time to Appeal, or Serve as a Vehicle to Relitigate Admiralty Jurisdiction Introduction Thibodeaux v. Bernhard (5th Cir. June 22, 2026)...

Fifth Circuit Narrows “Benefits-on-Pause” Threat Theory and Reaffirms Limits on Animus Inferences and Election-Order Review

Date: Jun 25, 2026

Fifth Circuit Narrows “Benefits-on-Pause” Threat Theory and Reaffirms Limits on Animus Inferences and Election-Order Review I. Introduction Starbucks Corporation petitioned for review of an order of...

Addressing the “Central Thesis” of Mitigation Suffices for Procedural Reasonableness of an Upward-Variance Sentence

Date: Jun 25, 2026

Addressing the “Central Thesis” of Mitigation Suffices for Procedural Reasonableness of an Upward-Variance Sentence Introduction In United States v. Kovacs Kieron Troutman (4th Cir. June 23, 2026)...

Peacock Applied to WARN Act and ERISA: No Federal Jurisdiction for Post‑Judgment Veil‑Piercing Against a Non‑Liable Third Party

Date: Jun 25, 2026

Peacock Applied to WARN Act and ERISA: No Federal Jurisdiction for Post‑Judgment Veil‑Piercing Against a Non‑Liable Third Party I. Introduction Tony Messer v. Garrison Investment Group, LP is a...