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

Home-Rule Limit on Special Acts: Single-City, Single-Beneficiary Legislation Is Void Without Local Voter Approval (R.I. Const. art. 13, § 4)

Date: Jul 31, 2026

Home-Rule Limit on Special Acts: Single-City, Single-Beneficiary Legislation Is Void Without Local Voter Approval (R.I. Const. art. 13, § 4) 1. Introduction In Myles Standish Associates, LP v. The...

Insurer May Litigate Newly Pleaded Fraud in Declaratory Judgment; Appraisal Is Premature Until Coverage and Timing of Loss Are Proven

Date: Jul 31, 2026

Insurer May Litigate Newly Pleaded Fraud in Declaratory Judgment; Appraisal Is Premature Until Coverage and Timing of Loss Are Proven Introduction In Rhode Island Joint Reinsurance Association v....

People v Haupt: An Uncounseled Suppression Hearing Can Be a “Critical Stage” Triggering Automatic Reversal Absent a Valid MCR 6.005(D) Waiver

Date: Jul 31, 2026

People v Haupt: An Uncounseled Suppression Hearing Can Be a “Critical Stage” Triggering Automatic Reversal Absent a Valid MCR 6.005(D) Waiver Case: People of Michigan v. Alexander James Haupt (No....

Warrant Required for Forensic DNA Testing of an Arrestee’s Effects Held in Jail Custody When Sought for an Unrelated Crime

Date: Jul 31, 2026

Warrant Required for Forensic DNA Testing of an Arrestee’s Effects Held in Jail Custody When Sought for an Unrelated Crime Introduction People of Michigan v. David Henry Serges (Mich Sup Ct, July 30,...

Compelled Psychological Examinations at Michigan Miller Hearings: Permissible if Defense Offers Psychological Expert Evidence, but Admissible Only in Rebuttal

Date: Jul 31, 2026

Compelled Psychological Examinations at Michigan Miller Hearings: Permissible if Defense Offers Psychological Expert Evidence, but Admissible Only in Rebuttal I. Introduction People of Michigan v....

People v Eads: Categorical Ban (and Retroactivity) of 50–75 Year Second-Degree Murder Sentences for Youthful Offenders Under Const 1963, art 1, § 16

Date: Jul 31, 2026

People v Eads: Categorical Ban (and Retroactivity) of 50–75 Year Second-Degree Murder Sentences for Youthful Offenders Under Const 1963, art 1, § 16 1. Introduction People of Michigan v. James...

Mandatory Resentencing When an Inaccurate Guidelines Calculation Produces an Out-of-Range Sentence (Despite a “Same Sentence” Statement)

Date: Jul 31, 2026

Mandatory Resentencing When an Inaccurate Guidelines Calculation Produces an Out-of-Range Sentence (Despite a “Same Sentence” Statement) I. Introduction Case: People of Michigan v. Evan Taylor...

NOI Tolling Applies to the Wrongful-Death Saving Period Under MCL 600.5852 (Overruling Waltz v Wyse)

Date: Jul 31, 2026

NOI Tolling Applies to the Wrongful-Death Saving Period Under MCL 600.5852 (Overruling Waltz v Wyse) Introduction Estate of Maurice Ernest v. Paul W. Brown, Jr., M.D., et al. (Mich. July 29, 2026) is...

HADA Authorizes HOA “Implied-Warranty-Type” Construction-Defect Actions for Common Areas and Member-Owned Units

Date: Jul 31, 2026

HADA Authorizes HOA “Implied-Warranty-Type” Construction-Defect Actions for Common Areas and Member-Owned Units Introduction Gallery Community Association v. K. Hovnanian at Gallery, LLC, et al....

“Masturbation” in Wyoming Child Sexual Exploitation Includes Digital Penetration and Sex-Device Penetration; Unanimity Concerns Defeated by Count-Specific Instructions

Date: Jul 31, 2026

“Masturbation” in Wyoming Child Sexual Exploitation Includes Digital Penetration and Sex-Device Penetration; Unanimity Concerns Defeated by Count-Specific Instructions Introduction In William John...

General Release Bars Unknown Fraud Claims Absent “Separate Fraud”; Capital Contributions Do Not Create Shareholder Fiduciary Duties

Date: Jul 31, 2026

General Release Bars Unknown Fraud Claims Absent “Separate Fraud”; Capital Contributions Do Not Create Shareholder Fiduciary Duties 1. Introduction Crane v. WP Strategic Holdings, LLC (2026 NY Slip...

Village Chief Executive May Unilaterally Agree to Accretion; Unit Clarification Cannot Be Used to Remove an Accreted Title as “Managerial”

Date: Jul 31, 2026

Village Chief Executive May Unilaterally Agree to Accretion; Unit Clarification Cannot Be Used to Remove an Accreted Title as “Managerial” 1. Introduction Matter of Village of Monticello v AFSCME...

Anti-Assignment Clauses Void Unauthorized Transfers Beyond Payment Rights and Bar Pro Se Assignees From Suing on Corporate Contracts

Date: Jul 31, 2026

Anti-Assignment Clauses Void Unauthorized Transfers Beyond Payment Rights and Bar Pro Se Assignees From Suing on Corporate Contracts Introduction Staubs v State of New York (2026 NY Slip Op 04804 [3d...

People v. Barber: Miranda Custody in Prison When Officers Impose “Added Restraint” (Frisk Room/Keep-Lock Questioning)

Date: Jul 31, 2026

People v. Barber: Miranda Custody in Prison When Officers Impose “Added Restraint” (Frisk Room/Keep-Lock Questioning) 1. Introduction People v Barber (2026 NY Slip Op 04796 [3d Dept July 30, 2026])...

NYCHHC Employees Must Prove General Municipal Law § 50-k(4) Compliance Before Winning Notice-of-Claim Dismissal

Date: Jul 31, 2026

NYCHHC Employees Must Prove General Municipal Law § 50-k(4) Compliance Before Winning Notice-of-Claim Dismissal Introduction Williams v Biggs (2026 NY Slip Op 04791 [2d Dept July 29, 2026]) arises...

Reasoned Commercial-Corridor Zoning Exceptions for Cannabis Dispensaries Satisfy Town Law § 262 Uniformity; Preemption Challenges Are Academic Absent Entitlement

Date: Jul 31, 2026

Reasoned Commercial-Corridor Zoning Exceptions for Cannabis Disensaries Satisfy Town Law § 262 Uniformity; Preemption Challenges Are Academic Absent Entitlement 1. Introduction Matter of Tink & E....

Matter of Cela: Federal Marijuana Distribution Felony Warrants Three-Year Attorney Suspension Under “Serious Crime” Discipline Framework

Date: Jul 31, 2026

Matter of Cela: Federal Marijuana Distribution Felony Warrants Three-Year Attorney Suspension Under “Serious Crime” Discipline Framework 1. Introduction Matter of Cela (2026 NY Slip Op 04766) is an...

Termination for Failure to Provide a Return-to-Work Date Defeats NYSHRL/NYCHRL Pregnancy-Discrimination and Retaliation Claims on Summary Judgment

Date: Jul 31, 2026

Termination for Failure to Provide a Return-to-Work Date Defeats NYSHRL/NYCHRL Pregnancy-Discrimination and Retaliation Claims on Summary Judgment 1. Introduction In Leibowitz v New York County...

Labor Law Verdict Consistency: Industrial Code Violations Without Proximate Cause Stand When Negligence and Causation Are Not “Inextricably Interwoven”

Date: Jul 31, 2026

Labor Law Verdict Consistency: Industrial Code Violations Without Proximate Cause Stand When Negligence and Causation Are Not “Inextricably Interwoven” 1. Introduction Gomez v City of New York (2026...

Personal-Participation Pleading Required to Sue an LLC Managing Member; Conclusory Remediation Negligence and Negligent Hiring Claims Dismissed at CPLR 3211 Stage

Date: Jul 31, 2026

Personal-Participation Pleading Required to Sue an LLC Managing Member; Conclusory Remediation Negligence and Negligent Hiring Claims Dismissed at CPLR 3211 Stage Introduction In D & A Grandview, LLC...