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  • Commentaries
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clarifying-state-action-doctrine:-acgme&amp Case Commentaries

Strict Defamation Pleading and Litigation Privilege; NIED Duty Limits; and Timely CPLR 3211 Motions After Substituted Service — Orrego v. Knipfing (2025)

Strict Defamation Pleading and Litigation Privilege; NIED Duty Limits; and Timely CPLR 3211 Motions After Substituted Service — Orrego v. Knipfing (2025)

Date: Jul 10, 2025
Strict Defamation Pleading and Litigation Privilege; NIED Duty Limits; and Timely CPLR 3211 Motions After Substituted Service — Orrego v. Knipfing (2025) Introduction In Orrego v. Knipfing (2025 NY...

    Eleventh Circuit Narrows Grable:  State-Law Contract Claims Alleging Unregistered Broker-Dealer Activity Do Not “Substantially” Raise a Federal Question

Eleventh Circuit Narrows Grable: State-Law Contract Claims Alleging Unregistered Broker-Dealer Activity Do Not “Substantially” Raise a Federal Question

Date: Jul 10, 2025
Eleventh Circuit Narrows Grable: State-Law Contract Claims Alleging Unregistered Broker-Dealer Activity Do Not “Substantially” Raise a Federal Question Introduction AST & Science LLC (“AST”), a...
CPLR 306-b “Interest of Justice” Extensions After Defective Foreclosure Service; Borrower/Fee Owner’s Jurisdictional Absence Requires Dismissal of Remaining Parties

CPLR 306-b “Interest of Justice” Extensions After Defective Foreclosure Service; Borrower/Fee Owner’s Jurisdictional Absence Requires Dismissal of Remaining Parties

Date: Jul 10, 2025
Interest-of-Justice Extensions After Defective Foreclosure Service: Second Department Confirms CPLR 306-b Relief Absent Judgment and Reaffirms Necessity of Joining the Borrower/Fee Owner Introduction...
Temporal Proximity Alone Cannot Sustain a Pregnancy Discrimination Claim at the Pleading Stage When Employer Shows Contemporaneous Layoffs: Margarita v. Mountain Time Health, LLC

Temporal Proximity Alone Cannot Sustain a Pregnancy Discrimination Claim at the Pleading Stage When Employer Shows Contemporaneous Layoffs: Margarita v. Mountain Time Health, LLC

Date: Jul 10, 2025
Temporal Proximity Alone Cannot Sustain a Pregnancy Discrimination Claim at the Pleading Stage When Employer Shows Contemporaneous Layoffs: Margarita v. Mountain Time Health, LLC Introduction This...
Notice-of-Claim Prerequisite Extends to Economic Torts Against Village Officials Acting Within Scope; Donnelly Act and Tortious Interference Pleading Standards Reaffirmed — Commentary on Dibble v. Schroedel (2025 NY Slip Op 04083)

Notice-of-Claim Prerequisite Extends to Economic Torts Against Village Officials Acting Within Scope; Donnelly Act and Tortious Interference Pleading Standards Reaffirmed — Commentary on Dibble v. Schroedel (2025 NY Slip Op 04083)

Date: Jul 10, 2025
Notice-of-Claim Prerequisite Extends to Economic Torts Against Village Officials Acting Within Scope; Donnelly Act and Tortious Interference Pleading Standards Reaffirmed Commentary on Dibble v....
Anti‑SLAPP Is No Shield to Reciprocal Attorney Discipline; Non‑Relitigation and Rule 8.2(a) Reaffirmed — Matter of Jacobs (2025 NY Slip Op 04093)

Anti‑SLAPP Is No Shield to Reciprocal Attorney Discipline; Non‑Relitigation and Rule 8.2(a) Reaffirmed — Matter of Jacobs (2025 NY Slip Op 04093)

Date: Jul 10, 2025
Anti‑SLAPP Is No Shield to Reciprocal Attorney Discipline; Non‑Relitigation and Rule 8.2(a) Reaffirmed — Matter of Jacobs (2025 NY Slip Op 04093) Introduction Matter of Jacobs is a reciprocal...
Recasting Claims Cannot Evade Res Judicata: Dismissal With Prejudice Bars Later Money‑Had‑and‑Received, Conversion, and Interference Theories; No Fiduciary Duty Owed by Opposing Escrow Agent

Recasting Claims Cannot Evade Res Judicata: Dismissal With Prejudice Bars Later Money‑Had‑and‑Received, Conversion, and Interference Theories; No Fiduciary Duty Owed by Opposing Escrow Agent

Date: Jul 10, 2025
Recasting Claims Cannot Evade Res Judicata: Dismissal With Prejudice Bars Later Money‑Had‑and‑Received, Conversion, and Interference Theories; No Fiduciary Duty Owed by Opposing Escrow Agent Case:...
Evers v. Marklein: Wisconsin Adopts the Chadha Standard— Legislative Vetoes of Administrative Rules Declared Unconstitutional

Evers v. Marklein: Wisconsin Adopts the Chadha Standard— Legislative Vetoes of Administrative Rules Declared Unconstitutional

Date: Jul 9, 2025
Evers v. Marklein: Wisconsin Adopts the Chadha Standard— Legislative Vetoes of Administrative Rules Declared Unconstitutional 1. Introduction In Evers v. Marklein, 2025 WI 36, the Supreme Court of...
Mandatory Attorney’s-Fee Awards in Certificate-of-Need Litigation Confined to Chancery-Court Appeals: Commentary on Mississippi Methodist Hosp. & Rehab. Ctr. v. MSDH (Miss. 2025)

Mandatory Attorney’s-Fee Awards in Certificate-of-Need Litigation Confined to Chancery-Court Appeals: Commentary on Mississippi Methodist Hosp. & Rehab. Ctr. v. MSDH (Miss. 2025)

Date: Jul 9, 2025
Mandatory Attorney’s-Fee Awards in Certificate-of-Need Litigation Confined to Chancery-Court Appeals A Comprehensive Commentary on Mississippi Methodist Hospital & Rehabilitation Center Inc. v. MSDH...

        “No Fee Without Privity” – Mississippi Supreme Court Forecloses
        Third-Party-Beneficiary, Quantum-Meruit and Common-Fund Claims by
        Associated Counsel against the State

“No Fee Without Privity” – Mississippi Supreme Court Forecloses Third-Party-Beneficiary, Quantum-Meruit and Common-Fund Claims by Associated Counsel against the State

Date: Jul 9, 2025
“No Fee Without Privity” – Mississippi Supreme Court Forecloses Third-Party-Beneficiary, Quantum-Meruit and Common-Fund Claims by Associated Counsel against the State Introduction In Roedel Parsons...
The “Depicted-Access Facilities” Doctrine: Alabama Supreme Court Clarifies When Easement Alterations Require Unanimous Consent

The “Depicted-Access Facilities” Doctrine: Alabama Supreme Court Clarifies When Easement Alterations Require Unanimous Consent

Date: Jul 9, 2025
The “Depicted-Access Facilities” Doctrine: Alabama Supreme Court Clarifies When Easement Alterations Require Unanimous Consent Introduction 790 Montclair, LLC v. The Station at Crestline Heights, LLC...
No Personal Jurisdiction Through Plaintiff-Selected Counsel: An Analysis of ECB USA, Inc. v. Savencia Cheese USA, LLC

No Personal Jurisdiction Through Plaintiff-Selected Counsel: An Analysis of ECB USA, Inc. v. Savencia Cheese USA, LLC

Date: Jul 9, 2025
No Personal Jurisdiction Through Plaintiff-Selected Counsel: ECB USA, Inc. v. Savencia Cheese USA, LLC Introduction On 8 July 2025 the United States Court of Appeals for the Eleventh Circuit decided...
Adverse Possession Uninterrupted by Federal Forfeiture: Commentary on New Phase Realty, LLC v. Fournier

Adverse Possession Uninterrupted by Federal Forfeiture: Commentary on New Phase Realty, LLC v. Fournier

Date: Jul 9, 2025
Adverse Possession Uninterrupted by Federal Forfeiture: A Comprehensive Commentary on New Phase Realty, LLC v. Jeremy J. Fournier (R.I. 2025) 1. Introduction In New Phase Realty, LLC v. Fournier, the...
Evers v. Marklein: Wisconsin Supreme Court Abolishes the Legislative Veto over Administrative Rules

Evers v. Marklein: Wisconsin Supreme Court Abolishes the Legislative Veto over Administrative Rules

Date: Jul 9, 2025
Evers v. Marklein (2025 WI 36): Wisconsin Supreme Court Abolishes the Legislative Veto over Administrative Rules 1  Introduction Case name: Tony Evers v. Howard Marklein Court: Supreme Court of...
Acevedo Does Not Curtail Bankruptcy Courts’ Power to Retroactively Annul Automatic Stays – A Commentary on Rajesh C. Patel v. Rishi M. Patel (11th Cir. 2025)

Acevedo Does Not Curtail Bankruptcy Courts’ Power to Retroactively Annul Automatic Stays – A Commentary on Rajesh C. Patel v. Rishi M. Patel (11th Cir. 2025)

Date: Jul 9, 2025
Acevedo Does Not Curtail Bankruptcy Courts’ Power to Retroactively Annul Automatic Stays (Commentary on Rajesh C. Patel v. Rishi M. Patel, 23-12847, 11th Cir., 8 July 2025) I. Introduction The...
“Concrete Proof, Not Conclusory Allegations” – The Eleventh Circuit Tightens the Bad-Faith Exception to Younger Abstention

“Concrete Proof, Not Conclusory Allegations” – The Eleventh Circuit Tightens the Bad-Faith Exception to Younger Abstention

Date: Jul 8, 2025
“Concrete Proof, Not Conclusory Allegations” – The Eleventh Circuit Tightens the Bad-Faith Exception to Younger Abstention Introduction Belinda Anglon Wells, Calvin Dewayne Wells, and their daughter...
Collateral Estoppel and the Finality of Court-Approved Settlement Agreements:  A Commentary on Martha C. Harris v. Wells Fargo Bank, N.A.

Collateral Estoppel and the Finality of Court-Approved Settlement Agreements: A Commentary on Martha C. Harris v. Wells Fargo Bank, N.A.

Date: Jul 8, 2025
Collateral Estoppel and the Finality of Court-Approved Settlement Agreements: A Commentary on Martha C. Harris v. Wells Fargo Bank, N.A. Introduction The Eleventh Circuit’s unpublished per curiam...
“Time-of-State-Conviction” Reaffirmed: Career-Offender Predicates and United States v. Alacaliph Woodard

“Time-of-State-Conviction” Reaffirmed: Career-Offender Predicates and United States v. Alacaliph Woodard

Date: Jul 8, 2025
“Time-of-State-Conviction” Reaffirmed: Career-Offender Predicates and United States v. Alacaliph Woodard 1. Introduction The Eleventh Circuit’s unpublished decision in United States v. Alacaliph...
United States v. Angelo Williams: Terse Sentencing Explanations Suffice for Within-Guidelines Sentences under Steiger

United States v. Angelo Williams: Terse Sentencing Explanations Suffice for Within-Guidelines Sentences under Steiger

Date: Jul 8, 2025
United States v. Angelo Williams: Terse Sentencing Explanations Suffice for Within-Guidelines Sentences under Steiger Introduction United States v. Angelo Williams, No. 24-11023 (11th Cir. July 7,...
United States v. Whidden – Eleventh Circuit Re-Affirms Kushmaul and Clarifies the Categorical Test for § 2252A Recidivist Enhancements

United States v. Whidden – Eleventh Circuit Re-Affirms Kushmaul and Clarifies the Categorical Test for § 2252A Recidivist Enhancements

Date: Jul 8, 2025
United States v. Whidden – Eleventh Circuit Re-Affirms Kushmaul and Clarifies the Categorical Test for § 2252A Recidivist Enhancements Introduction In United States v. Donovan E. Whidden, the...
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