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

People v Perry: Traffic Violations and Shooting-Related Flight Support Police Pursuit; Visibility and DNA Support Knowing Firearm Possession

Date: Oct 31, 2026

People v Perry: Traffic Violations and Shooting-Related Flight Support Police Pursuit; Visibility and DNA Support Knowing Firearm Possession Court: Appellate Division, Supreme Court of New York,...

Title VII Pleading: Employer Liability, Comparator Facts, and Retaliatory Causation Must Be Plausibly Alleged

Date: Oct 31, 2026

Title VII Pleading: Employer Liability, Comparator Facts, and Retaliatory Causation Must Be Plausibly Alleged Case: Elijah Timothy Speed v. Reddy Ice LLC Court: United States Court of Appeals for the...

Recorded Anti-Nuisance Covenants Remain Enforceable Despite Overlapping Tort Duties: Contractual Fee Shifting Controls

Date: Oct 31, 2026

Recorded Anti-Nuisance Covenants Remain Enforceable Despite Overlapping Tort Duties: Contractual Fee Shifting Controls Case: BURKETT v. DRYJA Court: Supreme Court of the State of Arizona Decision:...

A Rule 83 Denial Starts Arizona’s Family-Law Appeal Clock Without Rule 78 Certification

Date: Oct 31, 2026

A Rule 83 Denial Starts Arizona’s Family-Law Appeal Clock Without Rule 78 Certification Case: MACDONALD v. MACDONALD, No. CV-25-0309-PR Court: Supreme Court of the State of Arizona Filed: October 28,...

Financially Based Withdrawal of Appointed Counsel Requires Judicial Findings and Substitute Counsel or a Knowing Waiver

Date: Oct 31, 2026

Financially Based Withdrawal of Appointed Counsel Requires Judicial Findings and Substitute Counsel or a Knowing Waiver Case: In re T.L.-1, T.L.-2, H.L., and A.L., No. 25-451 Court: Supreme Court of...

Drug Conspiracy Despite Acquittal of Possession: Circumstantial Agreement and a Co-Conspirator’s Overt Act

Date: Oct 31, 2026

Drug Conspiracy Despite Acquittal of Possession: Circumstantial Agreement and a Co-Conspirator’s Overt Act Case: State of West Virginia v. Jamil Adrian Cabral (Separate Included) Court: Supreme Court...

Negligent Warrant Errors and Unproven Prejudice Do Not Require Reversal of an Independent Obstruction Conviction

Date: Oct 31, 2026

Negligent Warrant Errors and Unproven Prejudice Do Not Require Reversal of an Independent Obstruction Conviction Case: State of West Virginia v. Michael Lane Pinkerman Court: Supreme Court of Appeals...

State v. Coffin: Familial Sexual-Assault Provision Does Not Extend to Stepsiblings Unrelated by Blood

Date: Oct 31, 2026

State v. Coffin: Familial Sexual-Assault Provision Does Not Extend to Stepsiblings Unrelated by Blood Case: State v. Coffin, 2026 N.H. 41 Court: Supreme Court of New Hampshire Opinion issued: October...

Nevada Reaffirms Pure Stream-of-Commerce Jurisdiction: Isolated Product Arrival and Unconnected Tradeshow Contacts Are Insufficient

Date: Oct 31, 2026

Nevada Reaffirms Pure Stream-of-Commerce Jurisdiction: Isolated Product Arrival and Unconnected Tradeshow Contacts Are Insufficient MORGAN v. ESSENCE USA, INC. (CIVIL) Supreme Court of Nevada, en...

Full Earned-Time Credit Must Be Applied Retroactively After Aggravated-Murder Release Review When Consecutive Sentences Remain

Date: Oct 31, 2026

Full Earned-Time Credit Must Be Applied Retroactively After Aggravated-Murder Release Review When Consecutive Sentences Remain Case: Barrett v. Board of Parole, 375 Or 750 (2026) Court: Supreme Court...

Virginia’s High-Voltage Line Safety Exemption Covers Work on Communications-Tower Supports

Date: Oct 31, 2026

Virginia’s High-Voltage Line Safety Exemption Covers Work on Communications-Tower Supports Case: A&N Electric Cooperative v. Dietzel Enterprises Court: Supreme Court of Virginia Date: October 29,...

State-Supported Cannabis Dispensary Financing Is Not Preempted by the CSA Absent an Actual Conflict

Date: Oct 31, 2026

State-Supported Cannabis Dispensary Financing Is Not Preempted by the CSA Absent an Actual Conflict Case: Cannabis Impact Prevention Coalition, LLC v New York State Cannabis Control Bd., 2026 NY Slip...

Full Foundation Aid Funding Supports a Rational Remedy but Does Not Permanently Establish Constitutional Compliance

Date: Oct 31, 2026

Full Foundation Aid Funding Supports a Rational Remedy but Does Not Permanently Establish Constitutional Compliance Case: Maisto v State of New York, 2026 NY Slip Op 06365 Court: Appellate Division,...

Rochester EEO Zoning Permits Limited Plan Reductions and Flexible Parking Standards

Date: Oct 31, 2026

Rochester EEO Zoning Permits Limited Plan Reductions and Flexible Parking Standards Case: Matter of Bruck v Town of Rochester Planning Bd., 2026 NY Slip Op 06370 Court: Appellate Division, Third...

People v Bradford: Contextual Evidence Can Establish Charged Time Frames in Child Sexual Abuse Prosecutions

Date: Oct 31, 2026

People v Bradford: Contextual Evidence Can Establish Charged Time Frames in Child Sexual Abuse Prosecutions Court: Appellate Division of the Supreme Court of New York, Third Department Citation: 2026...

People v Smith: Warrantless Police Access to Known Parole GPS Monitoring Data

Date: Oct 31, 2026

People v Smith: Warrantless Police Access to Known Parole GPS Monitoring Data Case: People v Smith, 2026 NY Slip Op 06356 Court: Supreme Court of New York, Appellate Division, Third Department...

Missing or Ineffective Smoke Detectors in Common Areas Can Defeat Fire Coverage as a Material Warranty Breach

Date: Oct 31, 2026

Missing or Ineffective Smoke Detectors in Common Areas Can Defeat Fire Coverage as a Material Warranty Breach Case: Seneca Ins. Co. Inc. v Cobleskill Enter., LLP, 2026 NY Slip Op 06366 Court:...

Community-Wide Landfill Impacts Do Not Warrant Premature Dismissal of Private Nuisance Claims

Date: Oct 31, 2026

Community-Wide Landfill Impacts Do Not Warrant Premature Dismissal of Private Nuisance Claims Constitutional limits on environmental enforcement claims and the continuing role of private nuisance...

Foreclosure Finality: Unsupported Law-Office Failure Cannot Reopen Liability or Defeat a Supported Referee’s Report

Date: Oct 31, 2026

Foreclosure Finality: Unsupported Law-Office Failure Cannot Reopen Liability or Defeat a Supported Referee’s Report Case: Wilmington Sav. Fund Socy., FSB v Laurino, 2026 NY Slip Op 06371 Court:...

Pre-Suit Payment Bars Stand-Alone WPCL Liquidated-Damages Claims: Justice Wecht’s Dissent

Date: Oct 31, 2026

Pre-Suit Payment Bars Stand-Alone WPCL Liquidated-Damages Claims: Justice Wecht’s Dissent Case: Aita, M. v. NCB Mgmt. Ser., Aplt. Court: Supreme Court of Pennsylvania Docket: No. 25 MAP 2025 Decision...