treatment-plan-waiver-and-no-duty-to-consider-guardianship-absent-a-petition-in-yinc-term... Case Commentaries

Death-Warrant Litigation Does Not Displace Clemency Discretion or Capital Postconviction Time Bars

Date: Oct 30, 2026

Death-Warrant Litigation Does Not Displace Clemency Discretion or Capital Postconviction Time Bars Case: Jesse Guardado v. State of Florida Court: Supreme Court of Florida Opinion date: October 29,...

Attorney’s Fee Clauses in Easements Do Not Run with the Land Under Florida Law

Date: Oct 30, 2026

Attorney’s Fee Clauses in Easements Do Not Run with the Land: Florida Requires a Meaningful Connection to Land Use Case: RJ's International Trading, LLC v. Crown Castle South, LLC Court: Supreme...

Candor to the Tribunal: Deliberate Filing Alone Does Not Establish Knowing Falsity

Date: Oct 30, 2026

Candor to the Tribunal: Deliberate Filing Alone Does Not Establish Knowing Falsity Case: The Florida Bar v. Omar Medina, Jr. Court: Supreme Court of Florida Case number: SC2024-0922 Opinion date:...

Open-and-Obvious Fire-Escape Openings: Summary Judgment Requires More Than Visibility

Date: Oct 30, 2026

Open-and-Obvious Fire-Escape Openings: Summary Judgment Requires More Than Visibility Case: Henshaw v Chelsea DHC, LLC, 2026 NY Slip Op 06285 Court: Supreme Court of the State of New York, Appellate...

Article 17-A Guardianship Does Not Bar the Right to Freely and Independently Choose Counsel

Date: Oct 30, 2026

Article 17-A Guardianship Does Not Bar the Right to Freely and Independently Choose Counsel Case: Matter of Jessica L.M. (Deborah M.) Citation: 2026 NY Slip Op 06306 Court: Appellate Division, Second...

Supervisory Authority, Not Job Title, Governs Construction-Manager Liability Under New York Labor Law

Date: Oct 30, 2026

Supervisory Authority, Not Job Title, Governs Construction-Manager Liability Under New York Labor Law Case: Rajpaulsingh v Hidden Pond at Old Westbury, LLC, 2026 NY Slip Op 06337 Court: Supreme Court...

FAPA Permits Renewal Despite a Prior Appellate Ruling: Voluntary Discontinuance Does Not Reset Foreclosure Limitations

Date: Oct 30, 2026

FAPA Permits Renewal Despite a Prior Appellate Ruling: Voluntary Discontinuance Does Not Reset Foreclosure Limitations Case: U.S. Bank Natl. Assn. v Ford, 2026 NY Slip Op 06343 Court: Supreme Court...

Post-Removal Mootness and the Limits of Suspension Clause Review of Expedited Removal

Date: Oct 30, 2026

Post-Removal Mootness and the Limits of Suspension Clause Review of Expedited Removal Case: Yoel Pitaluga Nunez v. Field Office Director of U.S. Immigration and Customs Enforcement Miami Field Office...

Rule 60(b): New Evidence Must Address the Grounds for Dismissal, and the Catch-All Provision Cannot Duplicate Specific Grounds

Date: Oct 30, 2026

Rule 60(b): New Evidence Must Address the Grounds for Dismissal, and the Catch-All Provision Cannot Duplicate Specific Grounds Case: Cyrille Kouambo Beckodro v. John Doe 1 Court: United States Court...

A Religious Vaccine Exemption Does Not Alone Establish a Religious Objection to Workplace Testing

Date: Oct 30, 2026

A Religious Vaccine Exemption Does Not Alone Establish a Religious Objection to Workplace Testing Case: Kelvin Smith v. Kohler Co. Court: United States Court of Appeals for the Seventh Circuit...

City-Owned Homeless Shelters Qualify as Public Utilities for Majority-Vote Bond Financing

Date: Oct 30, 2026

City-Owned Homeless Shelters Qualify as Public Utilities for Majority-Vote Bond Financing Case: HUTZEL v. CITY OF NORMAN, 2026 OK 77 Court: Supreme Court of Oklahoma Date: October 27, 2026...

State Law, Not the Federal Filed Rate Doctrine, Governs Challenges to Massachusetts-Approved Auto Insurance Rates

Date: Oct 29, 2026

State Law, Not the Federal Filed Rate Doctrine, Governs Challenges to Massachusetts-Approved Auto Insurance Rates Case: Wright v. United Services Automobile Association Court: United States Court of...

Plausible Racial Intent and Separate Consideration of Retaliation Under §§ 1981 and 1982

Date: Oct 29, 2026

Plausible Racial Intent and Separate Consideration of Retaliation Under §§ 1981 and 1982 Case: Josue Batista v. Michael Saba Court: United States Court of Appeals for the Eleventh Circuit Date:...

Observed Criminal Ordinance Violations Can Make Repleading Futile; Later Filing Restrictions Require a Timely Appeal

Date: Oct 29, 2026

Observed Criminal Ordinance Violations Can Make Repleading Futile; Later Filing Restrictions Require a Timely Appeal Case: Ramon Ruiz v. City of Miami Beach Court: United States Court of Appeals for...

Physical-Restraint Enhancement Requires Resentencing Under the Clarified Contact-or-Confinement Standard

Date: Oct 29, 2026

Physical-Restraint Enhancement Requires Resentencing Under the Clarified Contact-or-Confinement Standard Case: United States v. Johnson Saint-Louis, No. 24-13084 Court: United States Court of Appeals...

Withholding of Removal Requires a Protected-Ground Nexus, and Pro Se Litigants Must Verify Legal Citations

Date: Oct 29, 2026

Withholding of Removal Requires a Protected-Ground Nexus, and Pro Se Litigants Must Verify Legal Citations Case: Contreras Ramirez v. Blanche, No. 25-9577 Court: United States Court of Appeals for...

Invoking an Appeal Waiver Through Adoption of an Anders Brief: Enforcement and Federal Drug Jurisdiction in Indian Country

Date: Oct 29, 2026

Invoking an Appeal Waiver Through Adoption of an Anders Brief: Enforcement and Federal Drug Jurisdiction in Indian Country Case: United States v. Lerblance Court: United States Court of Appeals for...

Pro Se Appellants Must Challenge the Grounds for Dismissal: Wilson v. Wallace

Date: Oct 29, 2026

Pro Se Appellants Must Challenge the Grounds for Dismissal: Wilson v. Wallace Court: United States Court of Appeals for the Tenth Circuit Decision date: October 28, 2026 Case number: No. 25-3197...

Deliberate Indifference Requires More Than Disagreement With a Prisoner’s Dietary Treatment

Date: Oct 29, 2026

Deliberate Indifference Requires More Than Disagreement With a Prisoner’s Dietary Treatment Case: Steven Ingalls, Jr. v. Centurion Health of Indiana, LLC, et al., No. 25-2597 Court: United States...

Anders Review of Sentencing: Supported Firearm Findings and Reasoned Within-Guidelines Sentences

Date: Oct 29, 2026

Anders Review of Sentencing: Supported Firearm Findings and Reasoned Within-Guidelines Sentences Case: United States v. Everett Pullett Court: United States Court of Appeals for the Seventh Circuit...