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  • Commentaries
  • Judgments

affirmation-of-district-court Case Commentaries

No Post‑Judgment Conversion to Concurrency: Eleventh Circuit Affirms That Only Statutory Mechanisms Permit Changing a Federal Sentence to Run Concurrently with a Later‑Imposed State Term

No Post‑Judgment Conversion to Concurrency: Eleventh Circuit Affirms That Only Statutory Mechanisms Permit Changing a Federal Sentence to Run Concurrently with a Later‑Imposed State Term

Date: Sep 27, 2025
No Post‑Judgment Conversion to Concurrency: Eleventh Circuit Affirms That Only Statutory Mechanisms Permit Changing a Federal Sentence to Run Concurrently with a Later‑Imposed State Term Introduction...
Post-Wade Deliberate Indifference: Knowingly Ineffective Treatment and Cancellation of IV Antibiotics Can Establish Subjective Recklessness — Commentary on Canyon Moye v. Pouparinas (11th Cir. 2025)

Post-Wade Deliberate Indifference: Knowingly Ineffective Treatment and Cancellation of IV Antibiotics Can Establish Subjective Recklessness — Commentary on Canyon Moye v. Pouparinas (11th Cir. 2025)

Date: Sep 27, 2025
Post-Wade Deliberate Indifference: Knowingly Ineffective Treatment and Cancellation of IV Antibiotics Can Establish Subjective Recklessness Case: Canyon Duff Moye v. Manuel Pouparinas Court: U.S....
Harmless-Error Rule in Supervised-Release Revocations: One Proven Violation Suffices, and Unnecessary Findings Do Not Upset Revocation or Sentence When the Guidelines Range Is Unchanged

Harmless-Error Rule in Supervised-Release Revocations: One Proven Violation Suffices, and Unnecessary Findings Do Not Upset Revocation or Sentence When the Guidelines Range Is Unchanged

Date: Sep 27, 2025
Harmless-Error Rule in Supervised-Release Revocations: One Proven Violation Suffices, and Unnecessary Findings Do Not Upset Revocation or Sentence When the Guidelines Range Is Unchanged Introduction...
No “In-for-One, In-for-All” Duty for Non‑Insurer Indemnitors Under Illinois Law: Second Circuit’s Predictive Ruling in BP Products North America Inc. v. ExxonMobil Corp. (Summary Order)

No “In-for-One, In-for-All” Duty for Non‑Insurer Indemnitors Under Illinois Law: Second Circuit’s Predictive Ruling in BP Products North America Inc. v. ExxonMobil Corp. (Summary Order)

Date: Sep 27, 2025
No “In-for-One, In-for-All” Duty for Non‑Insurer Indemnitors Under Illinois Law: Second Circuit’s Predictive Ruling in BP Products North America Inc. v. ExxonMobil Corp. (Summary Order) Introduction...
No Exhaustion Without Sworn Proof: Third Circuit Reinforces Declaration Requirement in PLRA Disputes (Payne v. Gourley)

No Exhaustion Without Sworn Proof: Third Circuit Reinforces Declaration Requirement in PLRA Disputes (Payne v. Gourley)

Date: Sep 26, 2025
No Exhaustion Without Sworn Proof: Third Circuit Reinforces Declaration Requirement in PLRA Disputes Commentary on Payne v. Gourley, No. 25-1765 (3d Cir. Sept. 24, 2025) (nonprecedential)...
Acceptance of Responsibility Cannot Be Denied Based Solely on Pre‑Notice Arrest Conduct: Third Circuit Vacates Sentence in United States v. Guerrero Grimaldos

Acceptance of Responsibility Cannot Be Denied Based Solely on Pre‑Notice Arrest Conduct: Third Circuit Vacates Sentence in United States v. Guerrero Grimaldos

Date: Sep 26, 2025
Acceptance of Responsibility Cannot Be Denied Based Solely on Pre‑Notice Arrest Conduct: Third Circuit Vacates Sentence in United States v. Guerrero Grimaldos Court: U.S. Court of Appeals for the...
Rebutting the SGA Presumption Requires Concrete Proof of Subsidy: Fourth Circuit Affirms Step-Four Denial Based on Religious Employment and “As Actually Performed” Past Work

Rebutting the SGA Presumption Requires Concrete Proof of Subsidy: Fourth Circuit Affirms Step-Four Denial Based on Religious Employment and “As Actually Performed” Past Work

Date: Sep 26, 2025
Rebutting the SGA Presumption Requires Concrete Proof of Subsidy: Fourth Circuit Affirms Step-Four Denial Based on Religious Employment and “As Actually Performed” Past Work Case: William Kinlaw v....
Available, Unused Safety Devices Create Triable Issues Under Labor Law § 240(1) in Roof‑Hatch Falls; Conclusory Motions to Strike Affirmative Defenses Rejected

Available, Unused Safety Devices Create Triable Issues Under Labor Law § 240(1) in Roof‑Hatch Falls; Conclusory Motions to Strike Affirmative Defenses Rejected

Date: Sep 26, 2025
Available, Unused Safety Devices Create Triable Issues Under Labor Law § 240(1) in Roof‑Hatch Falls; Conclusory Motions to Strike Affirmative Defenses Rejected Case: Blachowicz v. City of New York,...
Blank v. Acker: Emails and Revocable Wills Cannot Enforce Oral Promises to Devise Real Property; Lease Terms Defeat Unjust Enrichment; Subjective Performance Critiques Are Nonactionable Opinion

Blank v. Acker: Emails and Revocable Wills Cannot Enforce Oral Promises to Devise Real Property; Lease Terms Defeat Unjust Enrichment; Subjective Performance Critiques Are Nonactionable Opinion

Date: Sep 26, 2025
Blank v. Acker: Emails and Revocable Wills Cannot Enforce Oral Promises to Devise Real Property; Lease Terms Defeat Unjust Enrichment; Subjective Performance Critiques Are Nonactionable Opinion...
GBL § 349, Article 36‑A, and Lien Law Article 3‑A Do Not Create an Independent Tort Duty for Contractors: Second Department Refines Pleading Boundaries in Home-Renovation Disputes (Kovalenko v. Bhatti Gen. Contr. & Dev., LLC)

GBL § 349, Article 36‑A, and Lien Law Article 3‑A Do Not Create an Independent Tort Duty for Contractors: Second Department Refines Pleading Boundaries in Home-Renovation Disputes (Kovalenko v. Bhatti Gen. Contr. & Dev., LLC)

Date: Sep 26, 2025
GBL § 349, Article 36‑A, and Lien Law Article 3‑A Do Not Create an Independent Tort Duty for Contractors: Second Department Refines Pleading Boundaries in Home-Renovation Disputes Case: Kovalenko v....
When the Accident Itself Is in Dispute: Second Department Clarifies CPLR 4404(a) and Endorses Jury Instructions Allowing Non‑Occurrence Findings

When the Accident Itself Is in Dispute: Second Department Clarifies CPLR 4404(a) and Endorses Jury Instructions Allowing Non‑Occurrence Findings

Date: Sep 26, 2025
When the Accident Itself Is in Dispute: Second Department Clarifies CPLR 4404(a) and Endorses Jury Instructions Allowing Non‑Occurrence Findings Introduction In Krohn v. Schultz Ford Lincoln, Inc.,...
Matter of Brody: Disbarment by Consent with Restitution Convertible to a Civil Judgment under Judiciary Law § 90(6-a)

Matter of Brody: Disbarment by Consent with Restitution Convertible to a Civil Judgment under Judiciary Law § 90(6-a)

Date: Sep 26, 2025
Matter of Brody: Disbarment by Consent with Restitution Convertible to a Civil Judgment under Judiciary Law § 90(6-a) Introduction In Matter of Brody, 2025 NY Slip Op 05079 (Appellate Division,...
Consent Discipline for Neglect and Communication Failures: Second Department Affirms One‑Year Suspension and Underscores Bankruptcy Reporting Duties (Matter of Mulhearn, 2025)

Consent Discipline for Neglect and Communication Failures: Second Department Affirms One‑Year Suspension and Underscores Bankruptcy Reporting Duties (Matter of Mulhearn, 2025)

Date: Sep 26, 2025
Consent Discipline for Neglect and Communication Failures: Second Department Affirms One‑Year Suspension and Underscores Bankruptcy Reporting Duties Matter of Mulhearn, 2025 NY Slip Op 05086 (App....
Misdemeanor Tax Fraud as a “Serious Crime” Meriting a Prospective Six‑Month Suspension: Matter of Ortega

Misdemeanor Tax Fraud as a “Serious Crime” Meriting a Prospective Six‑Month Suspension: Matter of Ortega

Date: Sep 26, 2025
Misdemeanor Tax Fraud as a “Serious Crime” Meriting a Prospective Six‑Month Suspension: Matter of Ortega Court: Appellate Division of the Supreme Court, Second Department (Per Curiam) Decision Date:...
Only the CBA’s Named Parties May Demand Arbitration: Representative’s Signature Alone Does Not Confer Party Status

Only the CBA’s Named Parties May Demand Arbitration: Representative’s Signature Alone Does Not Confer Party Status

Date: Sep 26, 2025
Only the CBA’s Named Parties May Demand Arbitration: Representative’s Signature Alone Does Not Confer Party Status Introduction In Matter of Village of Walden v. Teamsters Local Union No. 445, the...
Meikle v. Medcare, LLC: Permanent Disability Allegations Open HIV, Mental Health, and Substance-Use Records to Discovery, With Mandatory Public Health Law § 2785(3) Protections

Meikle v. Medcare, LLC: Permanent Disability Allegations Open HIV, Mental Health, and Substance-Use Records to Discovery, With Mandatory Public Health Law § 2785(3) Protections

Date: Sep 26, 2025
Meikle v. Medcare, LLC: Permanent Disability Allegations Open HIV, Mental Health, and Substance-Use Records to Discovery, With Mandatory Public Health Law § 2785(3) Protections Introduction In Meikle...
People v. Reaves: New York Tightens Admissibility of Rap Lyrics—Qualified Expertise, Specific Nexus, and Molineux Balancing Required

People v. Reaves: New York Tightens Admissibility of Rap Lyrics—Qualified Expertise, Specific Nexus, and Molineux Balancing Required

Date: Sep 26, 2025
People v. Reaves: New York Tightens Admissibility of Rap Lyrics—Qualified Expertise, Specific Nexus, and Molineux Balancing Required Introduction In People v. Reaves, 2025 NY Slip Op 05107 (App Div,...
Second Department Clarifies: Waiving a Deficiency Judgment Does Not Eliminate the Borrower as a Necessary Party in Foreclosure

Second Department Clarifies: Waiving a Deficiency Judgment Does Not Eliminate the Borrower as a Necessary Party in Foreclosure

Date: Sep 26, 2025
Second Department Clarifies: Waiving a Deficiency Judgment Does Not Eliminate the Borrower as a Necessary Party in Foreclosure Introduction In Wilmington Savings Fund Society, FSB v. Loubriel, 2025...
Eligibility Confirmation Under §16.63 Is Not Newly Discovered Evidence: Florida Supreme Court Tightens Successive Mitigation and Post‑Warrant Records Practice in Capital Cases

Eligibility Confirmation Under §16.63 Is Not Newly Discovered Evidence: Florida Supreme Court Tightens Successive Mitigation and Post‑Warrant Records Practice in Capital Cases

Date: Sep 26, 2025
Eligibility Confirmation Under §16.63 Is Not Newly Discovered Evidence: Florida Supreme Court Tightens Successive Mitigation and Post‑Warrant Records Practice in Capital Cases Introduction In Victor...
Second Circuit reaffirms: Gang defection is not “political opinion” and CAT relief demands individualized proof and government acquiescence

Second Circuit reaffirms: Gang defection is not “political opinion” and CAT relief demands individualized proof and government acquiescence

Date: Sep 26, 2025
Second Circuit reaffirms: Gang defection is not “political opinion” and CAT relief demands individualized proof and government acquiescence Introduction In Ramirez Alvarado v. Bondi (No. 21-6603,...
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