removal-of-aliens-without-advance-government-consent-under-8-u.s.c.-§1231(b Case Commentaries

Officer Testimony May Establish a Prison Shank as Dangerous Contraband Without Written Prison Rules

Date: Oct 24, 2026

Officer Testimony May Establish a Prison Shank as Dangerous Contraband Without Written Prison Rules Case: People v Morrishaw, 2026 NY Slip Op 06173 Court: Appellate Division, Third Department...

People v Winston: Strategic Defense Choices and Disproportionate Sentencing

Date: Oct 24, 2026

People v Winston: Strategic Defense Choices Can Provide Meaningful Representation, but Sentencing Disparities Require Independent Review Case: People v Winston, 2026 NY Slip Op 06174 Court: Appellate...

Conflicting Boundary Surveys and Intrusive Backyard Surveillance Can Preclude Summary Judgment

Date: Oct 24, 2026

Conflicting Boundary Surveys and Intrusive Backyard Surveillance Can Preclude Summary Judgment Case: Riley v Daly, 2026 NY Slip Op 06178 Court: Appellate Division, Third Department, Supreme Court of...

Approval-Conditioned Settlements: Malpractice Accrues When Judicial Approval Makes the Adverse Resolution Binding

Date: Oct 24, 2026

Approval-Conditioned Settlements: Malpractice Accrues When Judicial Approval Makes the Adverse Resolution Binding Case: Morgan & Pottinger, P.S.C. v. Millers Lane Center, LLC, a Kentucky Limited...

Cepero Review: Material Historical Errors, Not Medical Disagreement, Determine Evidentiary Sufficiency

Date: Oct 24, 2026

Cepero Review: Material Historical Errors, Not Medical Disagreement, Determine Evidentiary Sufficiency Case: Scott Waste Service v. Joshua Eaton Court: Supreme Court of Kentucky Decision: October 22,...

Supported Credibility Findings Defeat Jailhouse-Recantation Claims in Capital Postconviction Review

Date: Oct 24, 2026

Supported Credibility Findings Defeat Jailhouse-Recantation Claims in Capital Postconviction Review Case: Richard Wallace Rhodes v. State of Florida, No. SC2024-1099, Supreme Court of Florida....

Florida’s Property-Insurance Presuit Notice Requirement Does Not Apply Retroactively to Earlier-Issued Policies

Date: Oct 24, 2026

Florida’s Property-Insurance Presuit Notice Requirement Does Not Apply Retroactively to Earlier-Issued Policies Case: Universal Property & Casualty Insurance Company v. Rebecca Hughes Court: Supreme...

Probate Fund Mismanagement and Prolonged Neglect: Substantial Mitigation Supports a Fully Stayed Suspension

Date: Oct 24, 2026

Probate Fund Mismanagement and Prolonged Neglect: Substantial Mitigation Supports a Fully Stayed Suspension Case: Butler Cty. Bar Assn. v. Conrad, Slip Opinion No. 2026-Ohio-4115 Court: Supreme Court...

Hilton v. Lorain: Rigorous Class-Certification Review Permits Conditional Analysis After a Prerequisite Fails

Date: Oct 24, 2026

Rigorous Class-Certification Review Permits Conditional Analysis After a Prerequisite Fails Case: Hilton v. Lorain, Slip Opinion No. 2026-Ohio-4114 Court: Supreme Court of Ohio Decided: October 22,...

Substantial Case-Plan Compliance Does Not Bar Termination When Parenting Risks Persist

Date: Oct 24, 2026

Substantial Case-Plan Compliance Does Not Bar Termination When Parenting Risks Persist Case: Middleton, Deshaun v. Department of Services for Children Youth and Their Families (DSCYF) TPR Court:...

Non-Note-Signing Borrowers Are Entitled to RPAPL 1304 Notice: Foreclosure Requires Competent Proof of Mailing and Standing

Date: Oct 24, 2026

Non-Note-Signing Borrowers Are Entitled to RPAPL 1304 Notice: Foreclosure Requires Competent Proof of Mailing and Standing Case: Bank of Am., N.A. v Maddox, 2026 NY Slip Op 06084 Court: Supreme Court...

Expiration of a Temporary Exemption Restores Rent Stabilization but Does Not Defeat Lawful Pre-2019 Deregulation

Date: Oct 24, 2026

Expiration of a Temporary Exemption Restores Rent Stabilization but Does Not Defeat Lawful Pre-2019 Deregulation Case: Connors v Kushner Cos., LLC, 2026 NY Slip Op 06092 Court: Appellate Division,...

Defendants Seeking Dismissal of Mixed-Theory Labor Law § 200 Claims Must Address Both Liability Standards

Date: Oct 24, 2026

Defendants Seeking Dismissal of Mixed-Theory Labor Law § 200 Claims Must Address Both Liability Standards Case: Da Silva v Delshah-OTL-Start 22 Chapel Prop. Owner, LLC, 2026 NY Slip Op 06094 Court:...

FAPA Supports Prejudgment Renewal and Bars Foreclosure Limitations Resets by Voluntary Discontinuance

Date: Oct 24, 2026

FAPA Supports Prejudgment Renewal and Bars Foreclosure Limitations Resets by Voluntary Discontinuance Case: HSBC Bank USA, N.A. v Min Young You, 2026 NY Slip Op 06102 Court: Appellate Division,...

Foreclosure Accounting Requires Admissible Records, and Unexplained Delay Can Warrant Interest Tolling

Date: Oct 24, 2026

Foreclosure Accounting Requires Admissible Records, and Unexplained Delay Can Warrant Interest Tolling Case: HSBC Bank USA, N.A. v Mohassib, 2026 NY Slip Op 06103 Court: Appellate Division, Second...

Matter of Gonzalez: Immediate Disbarment on Disciplinary Resignation, Without Retroactive Effect, and Enforceable Restitution

Date: Oct 24, 2026

Matter of Gonzalez: Immediate Disbarment on Disciplinary Resignation, Without Retroactive Effect, and Enforceable Restitution Case: Matter of Gonzalez, 2026 NY Slip Op 06116 Court: Supreme Court of...

Waterfront-Park Condemnation Upheld on Public-Purpose Findings, SEQRA Compliance, and Written Waterfront-Consistency Review

Date: Oct 24, 2026

Waterfront-Park Condemnation Upheld on Public-Purpose Findings, SEQRA Compliance, and Written Waterfront-Consistency Review Case: Matter of Red Hook Boat Club, Inc. v Town Bd. of Town of Red Hook,...

Matter of Wolf: Escrow Abuse and Client-Fund Misappropriation Warrant Disbarment Despite Claimed Gambling Recovery

Date: Oct 24, 2026

Matter of Wolf: Escrow Abuse and Client-Fund Misappropriation Warrant Disbarment Despite Claimed Gambling Recovery Case: Matter of Wolf, 2026 NY Slip Op 06125 Court: Appellate Division of the Supreme...

Uninterrupted Prewarning Interrogation Can Require Suppression Despite a Later Miranda Waiver

Date: Oct 24, 2026

Uninterrupted Prewarning Interrogation Can Require Suppression Despite a Later Miranda Waiver Case: People v Jackson, 2026 NY Slip Op 06139 Court: Supreme Court of the State of New York, Appellate...

A Lawful Protective Frisk Does Not Justify an Unsupported Pocket Search: People v Sanchez

Date: Oct 24, 2026

A Lawful Protective Frisk Does Not Justify an Unsupported Pocket Search: People v Sanchez Case: People v Sanchez, 2026 NY Slip Op 06146 Court: Appellate Division, Second Department, Supreme Court of...