Labor Law § 240(1) May Reach Falls on Permanent Stairways Used as Work Access (Including Lighting-Based Safety-Device Theories), and “Arising Out Of” Indemnity Is Triggered by Injury Tied to...
COVID Executive-Order Tolling Preserves Motion Deadlines; Fraud and Judiciary Law § 487 Claims Against Adversary Counsel Require Justifiable Reliance and Intent to Deceive Introduction In Williams v...
Automatic Surveillance Deletion Without Litigation Notice Bars CPLR 3126 Spoliation Sanctions; Unforeseeable Bar Assault Warrants Summary Judgment 1. Introduction Toal v DJB Tap, Inc. (2026 NY Slip...
Cannabis Law § 72 School-Setback Is a Statewide Ceiling: Municipalities May Not Expand the Distance or Alter Measurement for Licensed Dispensaries 1. Introduction In Matter of 1086 OCR, LLC v Town of...
Nonservice of Protection-Order Hearing Notice and On-the-Record Omissions as Potential MRPC 3.4 and 8.4 Misconduct (Matter of Hilary J. Oitzinger) 1. Introduction The provided text is not a merits...
State v. Castillo (2026 UT 26): Abandonment Waives Rule 702 Reliability Objections; Generic “Victim” References and Unpreserved Robbins Claims Do Not Support Reversal I. Introduction In State v....
Rule 65C(h)(3) Is Not a “New-Claim” Gateway: PCRA Amendments After One Year Must Satisfy Rule 15(c) Relation Back I. Introduction In Nunez v. State, 2026 UT 25, the Utah Supreme Court addressed...
Finality Forecloses Later Jurisdiction Challenges to a Prior Appellate Remand; Second Appeal Review Is Limited to Post-Remand Error Introduction Case: In re J.A.C., 2026 UT 27 (Utah Supreme Court)....
Extraordinary Relief Discretion: Utah Supreme Court May Deny Rule 19 Petitions Without Reaching Constitutional Merits When Relief Is Unlikely to Be Meaningful Introduction Adams v. Hon. Robison, 2026...
Orleans Parish Courts “Subject to Change by Law”: La. Const. art. V, § 32 Displaces art. V, § 15(D)’s Supermajority for Judgeship Reductions 1. Introduction In John T. Fuller v. State of Louisiana;...
Gowdy v. University Hospitals Cleveland: Clear Video Can Defeat § 1983 Retaliation/Seizure Claims on the Pleadings and Officers May Briefly Detain Bystanders to Secure an Arrest Scene 1. Introduction...
Preponderance of the Evidence Is Constitutionally Sufficient in South Carolina Children’s Code Intervention Proceedings (S.C. Code § 63-7-1650(E)) 1. Introduction In SCDSS v. Gerardo Pimienta (S.C....
Confirmed Arbitral Awards Preclude Most Injunction-Undertaking Damages, but Not Fees to Dissolve the Injunction (Nebraska) Case: Big Iron Auction Co. v. Harder Capital, 321 Neb. 918 (July 31, 2026)...
Burden-Shifting and Objective Harmless-Error Review for Extraneous Juror Information in Tennessee Civil Jury Trials I. Introduction In Kendall Collier ex rel. Chayce C. v. Periclis Roussis, M.D....
Discovery Motions Toll Nebraska’s Statutory Speedy-Trial Clock Until a Court Order Grants or Denies Them 1. Introduction State v. Walker, 321 Neb. 940 (2026), arises from an unusual procedural...
Mandatory On-the-Record Indian Child Inquiry and Presumptive ICWA Treatment Pending Due Diligence (Pa.R.O.C.P. 15.24) 1. Introduction In this rulemaking Order dated July 29, 2026, the Supreme Court...
Plea-Colloquy Deference: When a Defendant’s Sworn Admissions Defeat a Pre-Sentencing Motion to Withdraw Guilty Pleas Under Rule 32(e) 1. Introduction In State of West Virginia v. Edward Dore Beckett...
Deadly Weapon Enhancements Are Waived When a Mental Health Sentencing Alternative Is Imposed Case: State v. Perrin (Wash. July 30, 2026) Court: Supreme Court of Washington (En Banc) Core Holding:...
University Duty to Control Recognized Fraternities Under Restatement (Second) of Torts § 315(a) to Prevent Foreseeable Hazing and Alcohol Harm I. Introduction Martinez v. Wash. State Univ. (Wash....
Hawaiʻi PIP Benefits Require Proof of Prepaid-Plan Comparability; Statutory Definitions Defeat “Ambiguity” I. Introduction Case: In the Matter of the Request for Payment of, Christopher Lawinski,...