Giving Legal Effect to “Clarifying” Orders: A Dissent’s Rule Against Treating Court Orders as Surplusage in Finality and Appellate-Jurisdiction Disputes I. Introduction This Supreme Court of Texas...
Independent Contractors Cannot Invoke the Necessary-Use Exception for Open-and-Obvious Jobsite Hazards I. Introduction In JMI Contractors, LLC v. Jose Manuel Medellin (Tex. June 26, 2026), the...
Limitations Bar Injunctions to Abate Nuisance Absent a Timely Cause of Action Introduction In FAMILY DOLLAR STORES OF TEXAS, LLC, ARCP FDCCC1403 LLC, 7B BUILDING & DEVELOPMENT, LLC, TRIPLE C...
TMLA Limitations: “Occurrence of the Tort” Requires Injury; Completion-of-Treatment Triggers When Injury Follows Treatment Case: Soren Aldaco v. Barbara Rose Wood and Three Oaks Counseling Group, LLC...
Multiple Plausible Statutory Readings Create a “Substantial Ground for Difference of Opinion” Under Texas CPRC § 51.014(d) Case: MCKESSON MEDICAL-SURGICAL INC. v. BRIAN CLEVELAND, INDIVIDUALLY AND ON...
Former Family Code § 161.001(b)(1)(O): Termination Cannot Rest on Vague Service-Plan Clauses, Post-Order Provider Recommendations, or Trivial Noncompliance Introduction In In the Interest of J.Z.A.,...
Late Access to Chapter 51 Examiner Reports Does Not Defeat Competency; Error Reviewed for Harmlessness I. Introduction In Outagamie County v. M.J.B., 2026 WI 23, the Supreme Court of Wisconsin...
Radiologist’s Limited Duty on Follow-Up Testing: No General Obligation to Recommend a Biopsy Absent an Assumed Duty Case: Rashada v Ahmed, 2026 NY Slip Op 04061 (App. Div., 4th Dep’t June 26, 2026)...
Grand Jury Integrity Standard: No Justification Charge Without Supporting Evidence; Prior-Conviction Element May Be Presented for Penal Law § 265.03 (3) 1. Introduction In People v Anderson (2026 NY...
People v. Crews: Holistic “Bay Factors” Due-Diligence Review Sustains Discovery Compliance and CPL 30.30 Readiness Despite Belated BWC Disclosure 1. Introduction In People v Crews (2026 NY Slip Op...
Ambiguous Additional-Insured Contract Scope Bars Summary Judgment and Requires Discovery Rulings Before Determining the Duty to Defend 1. Introduction In County of Erie v Selective Ins. Co. of Am.,...
Post‑Crime Psychiatric Diagnosis Is Relevant to Penal Law § 40.15 and Cannot Be Precluded as “Speculative” When Grounded in Pre‑Incident Records 1. Introduction In People v Williams, 2026 NY Slip Op...
R.C. 5717.03(G) Limits the BTA’s Sua Sponte Issue-Spotting and Confirms “Direction or Control” Survives Third-Party Parking Management Under R.C. 5709.121(A)(2) Case: RiverSouth Auth. v. Harris, Slip...
Post-Judgment “Clarifying” Orders and Finality: No Loss of Appellate Jurisdiction Absent an Express, Specific Written Modification 1) Introduction This Texas Supreme Court matter arises from a...
Conclusory Tolling Allegations Cannot Defeat Rule 91a Limitations Dismissal on the Pleadings Case: AMBER CARDEN AND WILLIAM DUNCAN MCGEE v. MINTON, BASSETT, FLORES & CARSEY, P.C.; AND JOHN C. CARSEY,...
Texas “Red Flag” Reliance Rule: A Sophisticated Party’s Suspicion Triggers a Duty to Investigate (At Least by Asking) 1. Introduction In Maya Walnut LLC f/k/a Maya Foods, Inc. v. Bryan Ly, Walnut...
Peeler Is Not a Categorical Shield: Unexonerated Defendants and Third-Party Payors May Pursue Independent Fee-and-Accounting Claims I. Introduction In Amber Carden and William Duncan McGee v. Minton,...
Injunctions Are Remedies, Not Claims: Limitations Bars Nuisance-Abatement Injunctions When the Underlying Cause of Action Is Time-Barred (and Express Finality Must Be Expressly Undone) I....
Texas Medical-Liability Limitations: For Relationship-Based Counseling, § 74.251(a) Runs from the End of the Counselor–Patient Relationship Introduction In Soren Aldaco v. Barbara Rose Wood and Three...
People v. Shaw: People v Gonzalez Governs Third-Party Consent Voluntariness After a Payton Arrest; People v Borges Attenuation Can Purge the Taint 1. Introduction In People v Shaw (2026 NY Slip Op...