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

Maui BVA’s 45-Day Decision Deadline Is Directory: Reversal Requires Prejudice Caused by Procedural Delay

Date: Oct 17, 2026

Maui BVA’s 45-Day Decision Deadline Is Directory: Reversal Requires Prejudice Caused by Procedural Delay Case: Norrie v. Maui County Board of Variances and Appeals Court: Supreme Court of Hawaiʻi...

Coached Abuse Allegations Can Establish Emotional Abuse and Support Termination When Conditions Cannot Be Corrected

Date: Oct 17, 2026

Coached Abuse Allegations Can Establish Emotional Abuse and Support Termination When Conditions Cannot Be Corrected Case: In re E.C. and E.M., No. 25-613 Court: Supreme Court of Appeals of West...

Adjudicated Substance Abuse and Related Noncompliance Can Support Termination Without Lesser Alternatives

Date: Oct 17, 2026

Adjudicated Substance Abuse and Related Noncompliance Can Support Termination Without Lesser Alternatives Case: In re E.M. and K.M., No. 25-849 Court: Supreme Court of Appeals of West Virginia...

Failed Improvement Periods Support Parental-Rights Termination When Correction Is Unlikely and Child Welfare Requires It

Date: Oct 17, 2026

Failed Improvement Periods Support Parental-Rights Termination When Correction Is Unlikely and Child Welfare Requires It Case: In re G.H. and B.Q., No. 25-609 Court: Supreme Court of Appeals of West...

Repeat Neglect and Incomplete Treatment: When Limited Reunification Efforts Support Termination of Parental Rights

Date: Oct 17, 2026

Repeat Neglect and Incomplete Treatment: When Limited Reunification Efforts Support Termination of Parental Rights Case: In re J.C., No. 25-603 Court: Supreme Court of Appeals of West Virginia...

Drug-Impaired Parenting Can Establish Neglect Without Drug Use in a Child’s Presence

Date: Oct 17, 2026

Drug-Impaired Parenting Can Establish Neglect Without Drug Use in a Child’s Presence Case: In re K.M.-1 and K.M.-2, No. 25-766 Court: Supreme Court of Appeals of West Virginia Decided: October 14,...

In re L.L. and H.L.: Persistent Nonparticipation Supports Denial of Further Delay and Termination Without Lesser Alternatives

Date: Oct 17, 2026

Persistent Nonparticipation Supports Denial of Further Delay and Termination Without Lesser Alternatives Case: In re L.L. and H.L., No. 25-778 Court: Supreme Court of Appeals of West Virginia...

Parental Noncompliance Can Support Denial of a Continuance and Termination Without Lesser Alternatives

Date: Oct 17, 2026

Parental Noncompliance Can Support Denial of a Continuance and Termination Without Lesser Alternatives Case: In re L.L. and H.L.-1, No. 25-799 Court: Supreme Court of Appeals of West Virginia...

Neglect Cannot Be Automatically Imputed to Siblings: Child-Specific Findings Must Precede Disposition

Date: Oct 17, 2026

Neglect Cannot Be Automatically Imputed to Siblings: Child-Specific Findings Must Precede Disposition Case: In re M.C., C.C., and M.P., No. 25-501 Court: Supreme Court of Appeals of West Virginia...

Repeated Substance-Abuse Relapse After Successful Improvement Periods Can Justify Denial of Further Services and Termination of Parental Rights

Date: Oct 17, 2026

Repeated Substance-Abuse Relapse After Successful Improvement Periods Can Justify Denial of Another Improvement Period and Termination of Parental Rights Case: In re M.M., No. 25-835, Supreme Court...

Mental Health Treatment Alone Does Not Bar Termination of Parental Rights

Date: Oct 17, 2026

Mental Health Treatment Alone Does Not Bar Termination of Parental Rights Case: In re P.C.-1 and D.C., No. 25-841 Court: Supreme Court of Appeals of West Virginia Decision date: October 14, 2026...

Prior Failed Services and Persistent Denial May Justify Termination Without Further Reunification Efforts

Date: Oct 17, 2026

Prior Failed Services and Persistent Denial May Justify Termination Without Further Reunification Efforts Case: In re T.C.-1 and T.C.-2, No. 25-858 Court: Supreme Court of Appeals of West Virginia...

Ohio’s Saving Statute Permits Successive Qualifying Refilings After the Original Limitations Period Expires

Date: Oct 17, 2026

Ohio’s Saving Statute Permits Successive Qualifying Refilings After the Original Limitations Period Expires Case: Kohn v. Glenmede Trust Co., N.A., Slip Opinion No. 2026-Ohio-4001 Court: Supreme...

Repeated Bankruptcy Neglect and Conflicted Representation: Voluntary Surrender as Disbarment in Georgia

Date: Oct 17, 2026

Repeated Bankruptcy Neglect and Conflicted Representation: Voluntary Surrender as Disbarment in Georgia Case: In the Matter of Stanley J. Kakol, Jr. Court: Supreme Court of Georgia Docket: S26Y1842...

Untimely Answers: Waiver of CPLR 3215(c) Dismissal Without Vacatur of Default

Date: Oct 17, 2026

Untimely Answers: Waiver of CPLR 3215(c) Dismissal Without Vacatur of Default Case: Christiana Trust v Victor, 2026 NY Slip Op 05930 Court: Supreme Court of the State of New York, Appellate Division,...

Unsecured Scaffold-Stored Blocks Can Establish Labor Law § 240(1) Liability to Workers Below

Date: Oct 17, 2026

Unsecured Scaffold-Stored Blocks Can Establish Labor Law § 240(1) Liability to Workers Below Case: Hernandez v Board of Mgrs. of the NOMA Condominium, 2026 NY Slip Op 05942 Court: Supreme Court of...

Requester Characteristics Cannot Determine Disclosure Under Nevada’s Public-Records Balancing Tests

Date: Oct 17, 2026

Requester Characteristics Cannot Determine Disclosure Under Nevada’s Public-Records Balancing Tests Case: CITY OF SPARKS v. BLUTH (CIVIL), 142 Nev., Advance Opinion 65 Court: Supreme Court of Nevada,...

Nevada Premises Liability: Foreseeable Hazards Can Establish Constructive Notice Without a Mode-of-Operation Theory

Date: Oct 17, 2026

Nevada Premises Liability: Foreseeable Hazards Can Establish Constructive Notice Without a Mode-of-Operation Theory Case: MOORE v. PRIMADONNA CO., LLC (CIVIL) Citation: 142 Nev., Advance Opinion 64...

Workers’ Compensation After Death: An Adequate Record Can Preserve the Claim

Date: Oct 17, 2026

Workers’ Compensation After Death: An Adequate Record Can Preserve the Claim Matter of Greek v Dansville Cent. Sch. Dist. 2026 NY Slip Op 06044 Appellate Division, Third Department — October 15, 2026...

Discontinuance with Prejudice Against a Fee Owner Can Defeat Property Claims and Related Defenses

Date: Oct 17, 2026

Discontinuance with Prejudice Against a Fee Owner Can Defeat Property Claims and Related Defenses Case: Wallkill Val. Land Trust, Inc. v Richards, 2026 NY Slip Op 06047 Court: Appellate Division,...