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  • Commentaries
  • Judgments

affirmation-of-district-court Case Commentaries

Political Dissent Is Not “Rebellion”: Seventh Circuit Confirms Judicial Review of Presidential § 12406 Call-Ups and Bars National Guard Deployment in Illinois

Political Dissent Is Not “Rebellion”: Seventh Circuit Confirms Judicial Review of Presidential § 12406 Call-Ups and Bars National Guard Deployment in Illinois

Date: Oct 18, 2025
Political Dissent Is Not “Rebellion”: Seventh Circuit Confirms Judicial Review of Presidential § 12406 Call-Ups and Bars National Guard Deployment in Illinois Introduction In State of Illinois v....
No Home Rule Bar to State‑Mandated Even‑Year Elections: New York Court of Appeals Confirms Legislature’s Plenary Power over Timing of County and Town Elections

No Home Rule Bar to State‑Mandated Even‑Year Elections: New York Court of Appeals Confirms Legislature’s Plenary Power over Timing of County and Town Elections

Date: Oct 18, 2025
No Home Rule Bar to State‑Mandated Even‑Year Elections: New York Court of Appeals Confirms Legislature’s Plenary Power over Timing of County and Town Elections Introduction In County of Onondaga v....
Special DAs Must Satisfy County Law § 701 Residency: A Nonwaivable, Jurisdictional Prerequisite (People v. Callara)

Special DAs Must Satisfy County Law § 701 Residency: A Nonwaivable, Jurisdictional Prerequisite (People v. Callara)

Date: Oct 18, 2025
Special DAs Must Satisfy County Law § 701 Residency: A Nonwaivable, Jurisdictional Prerequisite Case: People v. Callara, 2025 NY Slip Op 05739 (N.Y. Ct. App. Oct. 16, 2025) Author: Troutman, J.;...
People v. Everson: Summation Finger-Pointing, Without More, Does Not Compel Severance Under CPL 200.40

People v. Everson: Summation Finger-Pointing, Without More, Does Not Compel Severance Under CPL 200.40

Date: Oct 18, 2025
People v. Everson: Summation Finger-Pointing, Without More, Does Not Compel Severance Under CPL 200.40 Introduction In People v. Everson, 2025 NY Slip Op 05738 (N.Y. Oct. 16, 2025), the New York...
Child May Testify and Still Obtain First-and-Last Closing: Florida Supreme Court Modernizes Juvenile Procedure and Harmonizes Rules Statewide

Child May Testify and Still Obtain First-and-Last Closing: Florida Supreme Court Modernizes Juvenile Procedure and Harmonizes Rules Statewide

Date: Oct 18, 2025
Child May Testify and Still Obtain First-and-Last Closing: Florida Supreme Court Modernizes Juvenile Procedure and Harmonizes Rules Statewide Introduction In a significant rules decision, the Supreme...
Area Identification Signs Are Distinct from Billboards; Deference to Municipal Land-Use Interpretations and Beneficial-Interest Standing Clarified

Area Identification Signs Are Distinct from Billboards; Deference to Municipal Land-Use Interpretations and Beneficial-Interest Standing Clarified

Date: Oct 18, 2025
Area Identification Signs Are Distinct from Billboards; Deference to Municipal Land-Use Interpretations and Beneficial-Interest Standing Clarified Introduction In Reno Real Estate Development, LLC v....
Young v. State: Nevada Adopts a Unified Juror-Bias Standard Under NRS 16.050 and NRCrP 17(6), Partially Overruling Sayedzada; Clarifies “Larceny from the Person” Instruction

Young v. State: Nevada Adopts a Unified Juror-Bias Standard Under NRS 16.050 and NRCrP 17(6), Partially Overruling Sayedzada; Clarifies “Larceny from the Person” Instruction

Date: Oct 18, 2025
Young v. State: Nevada Adopts a Unified Juror-Bias Standard Under NRS 16.050 and NRCrP 17(6), Partially Overruling Sayedzada; Clarifies “Larceny from the Person” Instruction Introduction In Young...
Explicit Pleading Required: Generic "Failure to State a Claim" Does Not Preserve R.C. 2744 Political-Subdivision Immunity; Late Amendments May Be Denied for Unjustified, Prejudicial Delay

Explicit Pleading Required: Generic "Failure to State a Claim" Does Not Preserve R.C. 2744 Political-Subdivision Immunity; Late Amendments May Be Denied for Unjustified, Prejudicial Delay

Date: Oct 18, 2025
Explicit Pleading Required: Generic "Failure to State a Claim" Does Not Preserve R.C. 2744 Political-Subdivision Immunity; Late Amendments May Be Denied for Unjustified, Prejudicial Delay...
Finality Is Factual, Not Legal: Ohio Supreme Court Ends Deference to Industrial Commission’s Legal Interpretations of VSSR Rules and Clarifies “Other Heavy Objects” Under Adm.Code 4123:1-3-13(E)(7)

Finality Is Factual, Not Legal: Ohio Supreme Court Ends Deference to Industrial Commission’s Legal Interpretations of VSSR Rules and Clarifies “Other Heavy Objects” Under Adm.Code 4123:1-3-13(E)(7)

Date: Oct 18, 2025
Finality Is Factual, Not Legal: Ohio Supreme Court Ends Deference to Industrial Commission’s Legal Interpretations of VSSR Rules and Clarifies “Other Heavy Objects” Under Adm.Code 4123:1-3-13(E)(7)...
Diagnosis-Based Accrual and Good-Cause Excusal for Minor Delay in GML § 207‑c Applications: Matter of Babcock v. Village of Walton

Diagnosis-Based Accrual and Good-Cause Excusal for Minor Delay in GML § 207‑c Applications: Matter of Babcock v. Village of Walton

Date: Oct 18, 2025
Diagnosis-Based Accrual and Good-Cause Excusal for Minor Delay in GML § 207‑c Applications Matter of Babcock v. Village of Walton (2025 NY Slip Op 05734, App Div, Third Dept) Introduction In Matter...
Documentary Proof Can Establish “Diligent Efforts” and Consent-Based Combined Hearings Upheld in Permanent Neglect Terminations

Documentary Proof Can Establish “Diligent Efforts” and Consent-Based Combined Hearings Upheld in Permanent Neglect Terminations

Date: Oct 18, 2025
Documentary Proof Can Establish “Diligent Efforts” and Consent-Based Combined Hearings Upheld in Permanent Neglect Terminations Introduction In Matter of Gina P. (Shannon O.), 2025 NY Slip Op 05726...
Consumer Purchase Records and Coercive-Control Evidence as Substantial Proof Supporting Supervised Visitation in New York Best-Interests Custody Determinations

Consumer Purchase Records and Coercive-Control Evidence as Substantial Proof Supporting Supervised Visitation in New York Best-Interests Custody Determinations

Date: Oct 18, 2025
Consumer Purchase Records and Coercive-Control Evidence as Substantial Proof Supporting Supervised Visitation in New York Best-Interests Custody Determinations Introduction In Matter of Mackenzie OO....
Unsecured Narcotics + Vulnerable Children: Prima Facie Abuse, Derivative Abuse, and Neglect; Venue Objections Are Waived if Not Timely Raised

Unsecured Narcotics + Vulnerable Children: Prima Facie Abuse, Derivative Abuse, and Neglect; Venue Objections Are Waived if Not Timely Raised

Date: Oct 18, 2025
Unsecured Narcotics + Vulnerable Children: Prima Facie Abuse, Derivative Abuse, and Neglect; Venue Objections Are Waived if Not Timely Raised Introduction In Matter of N'Thai N. (Mali N.), 2025 NY...
Best Interests, Not Punishment: Third Department Confirms Flexible Relocation Analysis in Initial Custody Determinations and Treats Self-Help Relocation as a Factor, Not a Bar

Best Interests, Not Punishment: Third Department Confirms Flexible Relocation Analysis in Initial Custody Determinations and Treats Self-Help Relocation as a Factor, Not a Bar

Date: Oct 18, 2025
Best Interests, Not Punishment: Third Department Confirms Flexible Relocation Analysis in Initial Custody Determinations and Treats Self-Help Relocation as a Factor, Not a Bar Introduction In Matter...
Broad-Issue Notice Suffices and No Second OPMC Interview Required After Amended Charges Under Public Health Law § 230(10)(a)(iii)

Broad-Issue Notice Suffices and No Second OPMC Interview Required After Amended Charges Under Public Health Law § 230(10)(a)(iii)

Date: Oct 18, 2025
Broad-Issue Notice Suffices and No Second OPMC Interview Required After Amended Charges Under Public Health Law § 230(10)(a)(iii) Case: Matter of Weiner v. New York State Bd. for Professional Med....
No Inventory Search Without Lawful Impoundment: Third Department Suppresses Firearm and Reaffirms Good‑Faith Discovery Readiness in People v. Grandoit

No Inventory Search Without Lawful Impoundment: Third Department Suppresses Firearm and Reaffirms Good‑Faith Discovery Readiness in People v. Grandoit

Date: Oct 18, 2025
No Inventory Search Without Lawful Impoundment: Third Department Suppresses Firearm and Reaffirms Good‑Faith Discovery Readiness in People v. Grandoit Case: People v. Grandoit, 2025 NY Slip Op 05720...
People v. Rasul: CPL 440.10 Hearing Required on Nonrecord Conflict-of-Interest Allegations Involving Shared Practice and Coordinated Strategy

People v. Rasul: CPL 440.10 Hearing Required on Nonrecord Conflict-of-Interest Allegations Involving Shared Practice and Coordinated Strategy

Date: Oct 18, 2025
People v. Rasul: CPL 440.10 Hearing Required on Nonrecord Conflict-of-Interest Allegations Involving Shared Practice and Coordinated Strategy Court: Appellate Division, Third Department, New York...
Molineux in the Interview Room: Prior-Act Admissions to Prove Intent Are Permissible, But Propensity-Laden Officer “Pattern” Statements Must Be Redacted

Molineux in the Interview Room: Prior-Act Admissions to Prove Intent Are Permissible, But Propensity-Laden Officer “Pattern” Statements Must Be Redacted

Date: Oct 18, 2025
Molineux in the Interview Room: Prior-Act Admissions to Prove Intent Are Permissible, But Propensity-Laden Officer “Pattern” Statements Must Be Redacted Introduction People v. Siciliano, 2025 NY Slip...
Not “Ordinary Course”: Post‑Commencement Transfers of Marital Property to a Newly Formed LLC Violate New York’s Automatic Orders; Monetary Equalization via Maintenance Arrears Approved

Not “Ordinary Course”: Post‑Commencement Transfers of Marital Property to a Newly Formed LLC Violate New York’s Automatic Orders; Monetary Equalization via Maintenance Arrears Approved

Date: Oct 18, 2025
Not “Ordinary Course”: Post‑Commencement Transfers of Marital Property to a Newly Formed LLC Violate New York’s Automatic Orders; Monetary Equalization via Maintenance Arrears Approved Introduction...
Willful Blindness Can Establish Scienter—But Not Here: Third Circuit Tightens Pleading for 10b‑5 Opinion, Diligence, and Omission Claims in Handal v. Innovative Industrial Properties

Willful Blindness Can Establish Scienter—But Not Here: Third Circuit Tightens Pleading for 10b‑5 Opinion, Diligence, and Omission Claims in Handal v. Innovative Industrial Properties

Date: Oct 18, 2025
Willful Blindness Can Establish Scienter—But Not Here: Third Circuit Tightens Pleading for 10b‑5 Opinion, Diligence, and Omission Claims in Handal v. Innovative Industrial Properties Introduction...
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