Case Law Wire
Daily summaries of newly decided state court opinions, organized by jurisdiction and topic.
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Browse by Topic
- Civil Procedure 2435
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Recent Cases
Rashada v. Ahmed — Radiologist Has No Duty to Recommend Biopsy After Identifying Mass, But Misinterpretation Claim Survives
The Fourth Department holds that a radiologist owes no duty to recommend a biopsy after identifying a hand mass on MRI — that obligation falls on the treating…
Montes v. City of Rochester — Municipal Road-Maintenance Duty Does Not Extend to Adjacent Homeowners Struck by Speeding Vehicle
The Fourth Department holds that Rochester’s proprietary duty to maintain safe roads runs only to the traveling public, not to homeowners whose property is struck by a speeding…
Thurston v. Howard — Police U-Turn Negligence Upheld; VTL § 1104 Reckless Disregard Defense Lost to Discovery Sanction
The Fourth Department affirms a $908,000 verdict against Erie County after a deputy’s incomplete U-turn blocks a bus lane, holding that the VTL § 1104 reckless disregard defense…
Busch v. County of Erie — Federal Hepatitis A Findings Bar State Jail Conditions Claim Via Collateral Estoppel
The Fourth Department bars a state premises-liability claim arising from hepatitis A contraction in Erie County jail under collateral estoppel, based on the federal court's explicit finding that…
Daly v. Rodrigues — DOC Cannot Ban Anti-Racist Book While Permitting Inflammatory Content Against Another Race
The Massachusetts Appeals Court vacated the Superior Court’s dismissal of a prisoner’s First Amendment claims, holding that Daly plausibly alleged that MCI-Shirley violated his constitutional rights by banning…
J.D. v. M.K. — 209A Extension Affirmed Where Stepfather Had Meaningful Hearing Despite One Evidence Exclusion
The Massachusetts Appeals Court affirmed a one-year extension of a G. L. c. 209A abuse prevention order, holding that the stepfather-defendant had a meaningful opportunity to be heard…
Polisoto v. St. Gregory the Great R.C. Church — Snow Removal Contractor’s Actual Salting Practice Revives Duty-of-Care Question Under Espinal
The Fourth Department reinstates a slip-and-fall complaint against a snow removal contractor, finding that contractor's actual salting practice on the day of the fall may have completely displaced…
Guardianship of Ezekiel — Mother Forfeits Unfitness Challenge by Failing to Raise It at Trial
The Massachusetts Appeals Court affirmed a Norfolk Juvenile Court guardianship decree appointing a maternal grandmother as guardian, holding that the mother waived her parental-unfitness challenge by failing to…
Sarah R. v. Crouse Health Hospital — Hospital-Issued Scrubs and Emergency Circumstances Create Apparent Agency Issue for Jury
The Fourth Department reinstates a medical malpractice complaint against a hospital, finding hospital-issued scrubs, a Medical Staff badge, and emergency neonatal circumstances raise a triable question of apparent…
Three Buds, LLC v. NCTBP Calabrese — Cannabis Dispensary Tenant Wins Partial Summary Judgment on Lease Breach After Floor Collapse
A cannabis dispensary tenant blocked from opening by a condemned building wins partial summary judgment on breach of contract against the landlord, while claims for corporate veil piercing,…
Robert Owen Lehman Foundation v. Israelitische Kultusgemeinde Wien — Court Confirms Title to Egon Schiele Portrait on Merits
The Fourth Department affirms on the merits that the Susan Zirkl Memorial Foundation Trust is the rightful owner of a 1917 Egon Schiele portrait, sidestepping laches and the…
NewCo Capital Group v. SPE Trading — Revenue Purchase Agreement Survives Usury Challenge Under NY Three-Factor Test
The Fourth Department affirms that a merchant cash advance structured as a revenue purchase agreement is not a usurious loan under New York law, applying the three-factor test…
Matter of Charter Communications v. NYSDHR — Arbitration Threat Letters Constitute Employment Retaliation
The Fourth Department confirms that Charter Communications unlawfully retaliated against a former employee by sending letters threatening attorneys’ fees if he pursued his age-discrimination complaint at SDHR rather…
County of Erie v. Selective Insurance — Professional Services Exclusion and Contract Ambiguity Divide Two Insurers
The Fourth Department upholds Zurich's duty to defend Erie County but reverses summary judgment against Selective Insurance, finding contract ambiguity about whether park paving work fell within the…
McDuffie v. Pennsylvania Human Relations Commission — PHRC Must Explain Attorney’s Fee Reduction Beyond Ratio to Damages Award
The Commonwealth Court of Pennsylvania reversed a Pennsylvania Human Relations Commission attorney’s fee award and remanded, holding that reducing a $108,868 fee application to $60,000 solely because the…
Wilkins v. Pennsylvania Office of Attorney General — OOR Lacks Jurisdiction Over RTKL Appeals from OAG Denials
The Commonwealth Court of Pennsylvania affirmed the dismissal of a Right-to-Know Law appeal from an OAG denial, holding that the Office of Open Records has no jurisdiction over…
Griffin v. Thompson — Trial Court Cannot Sua Sponte Dismiss Medical Malpractice Complaint With Prejudice for Certificate-of-Merit Failure
The Commonwealth Court of Pennsylvania reversed a trial court order dismissing a pro se prisoner’s medical malpractice complaint with prejudice, holding that courts lack authority to dismiss sua…
Applied Medico-Legal Solutions v. ProAssurance — MCARE Fund Indemnity and Coverage Claims Survive Preliminary Objections
The Commonwealth Court of Pennsylvania overruled preliminary objections by ProAssurance and the MCARE Fund in an original-jurisdiction insurance coverage dispute, holding that a risk-retention group’s indemnification and unjust-enrichment…
United States v. Williams — Enforced appeal waiver and dismissed sentencing challenge
CaseUnited States v. Angela Williams, also known as Angela Boston CourtUnited States Court of Appeals for the Eighth Circuit Date […]
United States v. Evans — Career-offender enhancement error harmless when district court would impose same sentence
CaseUnited States v. Del Martinez Evans, Jr. CourtU.S. Court of Appeals for the Eighth Circuit Date DecidedJune 8, 2026 Docket […]
United States v. Morris — Affirmed sentencing enhancements for multiple firearms and drug-related firearm possession
CaseUnited States v. Joshua Allen Morris CourtU.S. Court of Appeals for the Eighth Circuit Date DecidedJune 8, 2026 Docket No.24-3050 […]
United States v. Davis — Eighth Circuit affirms 180-month drug conspiracy sentence, finding no abuse of discretion
CaseUnited States v. Marquasia N. Davis, also known as Quay CourtU.S. Court of Appeals for the Eighth Circuit Date DecidedJune […]
United States v. Thorp — Affirmed conviction for felon in possession of firearm; rejected constitutional challenge
CaseUnited States of America v. Stephen Jay Thorp CourtU.S. Court of Appeals for the Eighth Circuit Date DecidedJune 8, 2026 […]
United States v. Gatkuoth — Affirmed conviction; defendant had no Fourth Amendment standing to challenge bedroom search
CaseUnited States of America v. Teslauch K. Gatkuoth CourtUnited States Court of Appeals for the Eighth Circuit Date DecidedJune 8, […]