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

Nationstar Mortgage, LLC v Dimura: Separate RPAPL 1304 Notice for Each Borrower and Vacatur of Orders Entered Without Proper Motion Notice

Date: Sep 26, 2026

Separate RPAPL 1304 Notice Is Required for Each Borrower, and an Order Entered on an Improperly Served Motion Is a Nullity Case: Nationstar Mtge., LLC v Dimura Citation: 2026 NY Slip Op 05406 Court:...

Zoning Challenges Require Direct, Non-Speculative Injury Within the Protected Zone of Interests

Date: Sep 26, 2026

Zoning Challenges Require Direct, Non-Speculative Injury Within the Protected Zone of Interests Case: Matter of Kopald v Town of Highlands N.Y. Zoning Bd. of Appeals Citation: 2026 NY Slip Op 05396...

A General Appearance Waives Personal-Jurisdiction Defenses, and Untimely Note-of-Issue Challenges Require Exceptional Circumstances

Date: Sep 26, 2026

A General Appearance Waives Personal-Jurisdiction Defenses, and Untimely Note-of-Issue Challenges Require Exceptional Circumstances Case: Federal Natl. Mtge. Assn. v Cassis Citation: 2026 NY Slip Op...

Labor Law § 240(1): Conflicting Accident Accounts and Available Trench Bracing May Preclude Summary Judgment

Date: Sep 26, 2026

Labor Law § 240(1): Conflicting Accident Accounts and Available Trench Bracing May Preclude Summary Judgment Case: Veliu v Verizon N.Y. Inc. Citation: 2026 NY Slip Op 05374 Court: Appellate Division...

All Minnesota Cartways Must Be Two Rods Wide, and Towns May Condition Their Opening on Safe Construction at the Petitioner’s Expense

Date: Sep 26, 2026

All Minnesota Cartways Must Be Two Rods Wide, and Towns May Condition Their Opening on Safe Construction at the Petitioner’s Expense Case: Bryce Holstad, et al. v. Town of May Court: Supreme Court of...

Complete Assignment of Partnership Interests Terminates Partner Status Absent an Express Agreement to the Contrary

Date: Sep 26, 2026

Complete Assignment of Partnership Interests Terminates Partner Status Absent an Express Agreement to the Contrary Case: MAGINN, JR. v. MAGINN (FAMILY) Court: Supreme Court of Nevada | Date:...

Knowing Video-Recorded Assent Is an Electronic Signature Satisfying Kentucky’s Statute of Frauds

Date: Sep 26, 2026

Knowing Video-Recorded Assent Is an Electronic Signature Satisfying Kentucky’s Statute of Frauds Case: Jacob Dotson v. CIA Drug, LLC Court: Supreme Court of Kentucky Date: September 24, 2026...

Alcohol Use Does Not Bar Kentucky Workers’ Compensation Under KRS 342.610(4)

Date: Sep 26, 2026

Alcohol Use Does Not Bar Kentucky Workers’ Compensation Under KRS 342.610(4), and a Safety Reduction Requires Proof of Hazardous Conduct Case: Safe Zone v. Donnell Perry Court: Supreme Court of...

A Police Officer’s Plain Reading of a Cellebrite Report Is Lay Testimony and Requires No Digital-Forensics Expert Qualification

Date: Sep 26, 2026

A Police Officer’s Plain Reading of a Cellebrite Report Is Lay Testimony and Requires No Digital-Forensics Expert Qualification Case: Sylvanus Joseph McBride v. Commonwealth of Kentucky Court:...

Compliance Does Not Moot a Stay Request When Effective Relief Remains Available, but Speculative Harm Cannot Justify a Stay

Date: Sep 26, 2026

Compliance Does Not Moot a Stay Request When Effective Relief Remains Available, but Speculative Harm Cannot Justify a Stay Case: Commonwealth of Kentucky Ex Rel. Attorney General Russell Coleman v....

Acquittal-First Jury Instructions Are Plain Error and Warrant Retrial When They Obstruct a Supported Heat-of-Passion Defense

Date: Sep 26, 2026

Acquittal-First Jury Instructions Are Plain Error and Warrant Retrial When They Obstruct a Supported Heat-of-Passion Defense Case: State of Minnesota v. Michael Lee LaFlex Court: Supreme Court of...

Ignoring Discovery Orders, Misleading a Client and Tribunal, and Defaulting in Bar Discipline Warrants a 181-Day Suspension

Date: Sep 26, 2026

Ignoring Discovery Orders, Misleading a Client and Tribunal, and Defaulting in Bar Discipline Warrants a 181-Day Suspension Case: In Re: Jay Michael Dade Court: Supreme Court of Kentucky Date:...

Kidnapping Sufficiency Is Measured Against Statutory Intent Alternatives, Not Narrower Jury Instructions

Date: Sep 26, 2026

Kidnapping Sufficiency Is Measured Against Statutory Intent Alternatives, Not Narrower Jury Instructions Case: Tristan Mitchell v. Commonwealth of Kentucky Court: Supreme Court of Kentucky Date:...

Post-Judgment Finality and Satisfaction Do Not Divest a Kentucky Circuit Court of Subject-Matter Jurisdiction

Date: Sep 26, 2026

Post-Judgment Finality and Satisfaction Do Not Divest a Kentucky Circuit Court of Subject-Matter Jurisdiction Case: Shawn Huffman v. JHPDE Finance I, LLC Court: Supreme Court of Kentucky Date:...

Government Negligence Per Se Requires a Mandatory Statutory Duty Protecting a Particular Class

Date: Sep 26, 2026

Government Negligence Per Se Requires a Mandatory Statutory Duty Protecting a Particular Class Case: Infanger v. State of Idaho, Idaho Department of Transportation Court: Supreme Court of Idaho |...

Local Ballot Access May Be Preserved Pending Appeal When Exclusion Would Irremediably Deny Initiative Rights

Date: Sep 26, 2026

Local Ballot Access May Be Preserved Pending Appeal When Exclusion Would Irremediably Deny Initiative Rights Case: 406 People First v. County of Butte-Silver Bow Court: Supreme Court of Montana Date:...

Clear-Error Review Requires the BIA to Confront, Not Rewrite, an Immigration Judge’s CAT Findings

Date: Sep 26, 2026

Clear-Error Review Requires the BIA to Confront, Not Rewrite, an Immigration Judge’s CAT Findings Case: Jose Lorenzo Lemus Palma v. Attorney General United States of America Court: United States...

A Broad Litigation-Specific Indemnity Covers Post-Closing Patent Losses—and Willful Infringement Does Not Defeat It Absent Clear Public Policy

Date: Sep 26, 2026

A Broad Litigation-Specific Indemnity Covers Post-Closing Patent Losses—and Willful Infringement Does Not Defeat It Absent Clear Public Policy Case: Claude Gendreau v. Movora LLC Court: Supreme Court...

Undisclosed Defendant Statements Do Not Require a Mistrial Absent a Reasonable Probability of a Different Result

Date: Sep 26, 2026

Undisclosed Defendant Statements Do Not Require a Mistrial Absent a Reasonable Probability of a Different Result Case: Tyler Austin Jordan v. Commonwealth of Kentucky Court: Supreme Court of Kentucky...

Carter v. State: Identity May Be Proved by DNA and Corroborating Circumstantial Evidence

Date: Sep 26, 2026

Identity May Be Proved by DNA and Corroborating Circumstantial Evidence Without Proof of When the DNA Was Deposited Case: Carter v. State Court: Supreme Court of Delaware Decision Date: September 23,...