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

“Say It or Lose It” – The Supreme Court of Georgia Clarifies the Statutory Notice Requirement for Abusive-Litigation Claims under OCGA § 51-7-84(a)

“Say It or Lose It” – The Supreme Court of Georgia Clarifies the Statutory Notice Requirement for Abusive-Litigation Claims under OCGA § 51-7-84(a)

Date: Aug 14, 2025
“Say It or Lose It” – The Supreme Court of Georgia Clarifies the Statutory Notice Requirement for Abusive-Litigation Claims under OCGA § 51-7-84(a) 1. Introduction P&J Beverage Corporation v. The...
“The Reynolds Principle”: Sufficiency of Evidence Without Particular Proof Types & Judicial Duty to Prevent Post-Conviction Delay

“The Reynolds Principle”: Sufficiency of Evidence Without Particular Proof Types & Judicial Duty to Prevent Post-Conviction Delay

Date: Aug 14, 2025
“The Reynolds Principle” Sufficiency of Evidence Without Particular Proof Types & Judicial Duty to Prevent Post-Conviction Delay Introduction Reynolds v. State, Supreme Court of Georgia, decided 12...
The “Rhodes Rule” – Admissibility of Self-Incriminating Social-Media Posts with Religious or Satanic Content under OCGA §24-4-403

The “Rhodes Rule” – Admissibility of Self-Incriminating Social-Media Posts with Religious or Satanic Content under OCGA §24-4-403

Date: Aug 14, 2025
The “Rhodes Rule” – Admissibility of Self-Incriminating Social-Media Posts with Religious or Satanic Content under OCGA §24-4-403 1. Introduction Rhodes v. State, decided by the Supreme Court of...
Robinson v. State (2025): Limiting Cronic-Based Presumptions and Reinforcing Waiver of Un-Preserved Sentencing Errors in Georgia

Robinson v. State (2025): Limiting Cronic-Based Presumptions and Reinforcing Waiver of Un-Preserved Sentencing Errors in Georgia

Date: Aug 14, 2025
Robinson v. State (Supreme Court of Georgia, 2025) “No Presumed Prejudice for Silent Counsel at Non-Capital Sentencing & Strict Waiver of Un-Preserved Sentencing Claims” 1. Introduction Robinson v....
“Moment-of-Plea Competence” Rule Confirmed: Robinson v. State (Ga. 2025)

“Moment-of-Plea Competence” Rule Confirmed: Robinson v. State (Ga. 2025)

Date: Aug 14, 2025
“Moment-of-Plea Competence” Rule Confirmed: Robinson v. State (Supreme Court of Georgia, 2025) 1. Introduction Robinson v. State presented the Supreme Court of Georgia with a recurring question in...
Rouse v. State: Georgia Supreme Court Solidifies the Intrinsic-Evidence Exception and Endorses Strategic Non-Publication of Trial Exhibits

Rouse v. State: Georgia Supreme Court Solidifies the Intrinsic-Evidence Exception and Endorses Strategic Non-Publication of Trial Exhibits

Date: Aug 14, 2025
Rouse v. State: Georgia Supreme Court Solidifies the Intrinsic-Evidence Exception and Endorses Strategic Non-Publication of Trial Exhibits Introduction In Rouse v. State, S25A0959 (Ga. Aug. 12 2025),...
Whisnant v. State: Georgia Supreme Court Limits the Use of Battered Person Syndrome at Self-Defense Immunity Hearings

Whisnant v. State: Georgia Supreme Court Limits the Use of Battered Person Syndrome at Self-Defense Immunity Hearings

Date: Aug 14, 2025
Whisnant v. State: Georgia Supreme Court Limits the Use of Battered Person Syndrome at Self-Defense Immunity Hearings 1. Introduction On 12 August 2025 the Supreme Court of Georgia released its...
Williams v. State (2025): Preservation of Ineffective-Assistance Claims and the Prejudice Prong Clarified

Williams v. State (2025): Preservation of Ineffective-Assistance Claims and the Prejudice Prong Clarified

Date: Aug 14, 2025
Williams v. State (2025): Preservation of Ineffective-Assistance Claims and the Prejudice Prong Clarified Introduction On 12 August 2025, the Supreme Court of Georgia delivered its decision in...
United States v. Dobbin: Third Circuit Authorizes Use of Non-Shepard Records to Prove the Fact—Though Not the Nature—of Prior Convictions in Career-Offender Sentencing

United States v. Dobbin: Third Circuit Authorizes Use of Non-Shepard Records to Prove the Fact—Though Not the Nature—of Prior Convictions in Career-Offender Sentencing

Date: Aug 14, 2025
United States v. Dobbin: Third Circuit Authorizes Use of Non-Shepard Records to Prove the Fact—Though Not the Nature—of Prior Convictions in Career-Offender Sentencing Introduction United States v....
“Discovery Sanctions in § 1782 Proceedings: The Fifth Circuit Clarifies No Mandatory Conference Is Required Before Rule 37(b) Relief”

“Discovery Sanctions in § 1782 Proceedings: The Fifth Circuit Clarifies No Mandatory Conference Is Required Before Rule 37(b) Relief”

Date: Aug 14, 2025
Discovery Sanctions in § 1782 Proceedings: The Fifth Circuit Clarifies No Mandatory Conference Is Required Before Rule 37(b) Relief Introduction Banco Mercantil v. Paramo (No. 24-20375, 5th Cir. Aug....
Palms v. Texas Children’s Hospital:  The Fifth Circuit’s New Rule on Appellate Forfeiture of Post-Accommodation Title VII Religious-Discrimination Claims

Palms v. Texas Children’s Hospital: The Fifth Circuit’s New Rule on Appellate Forfeiture of Post-Accommodation Title VII Religious-Discrimination Claims

Date: Aug 14, 2025
Palms v. Texas Children’s Hospital: The Fifth Circuit’s New Rule on Appellate Forfeiture of Post-Accommodation Title VII Religious-Discrimination Claims 1. Introduction In Palms v. Texas Children’s...
Gardner v. IAM: The Fourth Circuit Adopts a “Reasonable-Notice” Test for § 501(b) Union-Member Demands

Gardner v. IAM: The Fourth Circuit Adopts a “Reasonable-Notice” Test for § 501(b) Union-Member Demands

Date: Aug 14, 2025
Gardner v. International Association of Machinists (4th Cir. 2025) Establishing the “Reasonable-Notice” Standard for § 501(b) Demands I. Introduction In Sandra Gardner v. International Association of...
Second Department Clarifies “Reasonable Time” for Substitution Under CPLR 1021 Amid Insurer Liquidation Stays: Dagastino v. Crown Container, Inc. (2025 NY Slip Op 04627)

Second Department Clarifies “Reasonable Time” for Substitution Under CPLR 1021 Amid Insurer Liquidation Stays: Dagastino v. Crown Container, Inc. (2025 NY Slip Op 04627)

Date: Aug 14, 2025
Second Department Clarifies “Reasonable Time” for Substitution Under CPLR 1021 Amid Insurer Liquidation Stays Dagastino v. Crown Container, Inc. (2025 NY Slip Op 04627) Introduction In Dagastino v....
Negligent Escrow Misappropriation and Failure to Reconcile Warrant Suspension Despite Remedial Steps: Commentary on Matter of Stutman (2025 NY Slip Op 04655)

Negligent Escrow Misappropriation and Failure to Reconcile Warrant Suspension Despite Remedial Steps: Commentary on Matter of Stutman (2025 NY Slip Op 04655)

Date: Aug 14, 2025
Negligent Escrow Misappropriation and Failure to Reconcile Warrant Suspension Despite Remedial Steps: Matter of Stutman Introduction Matter of Stutman (2025 NY Slip Op 04655) is a per curiam...
Nonpayment of Binding Part 137 Fee Arbitration Awards as Professional Misconduct Under Rules 1.15(c)(4) and 8.4: Matter of O’Brien

Nonpayment of Binding Part 137 Fee Arbitration Awards as Professional Misconduct Under Rules 1.15(c)(4) and 8.4: Matter of O’Brien

Date: Aug 14, 2025
Nonpayment of Binding Part 137 Fee Arbitration Awards as Professional Misconduct Under Rules 1.15(c)(4) and 8.4: Matter of O’Brien Introduction In Matter of O’Brien (2025 NY Slip Op 04651), the...
Completion of Services Is Not Enough: Second Department Clarifies “Diligent Efforts” and the “Insight” Requirement in Permanent Neglect Terminations

Completion of Services Is Not Enough: Second Department Clarifies “Diligent Efforts” and the “Insight” Requirement in Permanent Neglect Terminations

Date: Aug 14, 2025
Completion of Services Is Not Enough: Second Department Clarifies “Diligent Efforts” and the “Insight” Requirement in Permanent Neglect Terminations Case: Matter of Benz G. (Nadia B.) — In the...
Supervisory Liability of Individual Clinicians Survives While Corporate Negligent Hiring Claims Fall Under Respondeat Superior: Commentary on Garcia v. Hollander (2025 NY Slip Op 04634)

Supervisory Liability of Individual Clinicians Survives While Corporate Negligent Hiring Claims Fall Under Respondeat Superior: Commentary on Garcia v. Hollander (2025 NY Slip Op 04634)

Date: Aug 14, 2025
Supervisory Liability of Individual Clinicians Survives While Corporate Negligent Hiring Claims Fall Under Respondeat Superior: Garcia v. Hollander (2025 NY Slip Op 04634) Introduction In Garcia v....
Encounter‑Specific EDTPA Immunity: Sapienza v. Tromba Clarifies the “Impact” Requirement and Reaffirms Non‑Retroactivity of EDTPA Repeal

Encounter‑Specific EDTPA Immunity: Sapienza v. Tromba Clarifies the “Impact” Requirement and Reaffirms Non‑Retroactivity of EDTPA Repeal

Date: Aug 14, 2025
Encounter‑Specific EDTPA Immunity: Sapienza v. Tromba Clarifies the “Impact” Requirement and Reaffirms Non‑Retroactivity of EDTPA Repeal Introduction Sapienza v. Tromba (2025 NY Slip Op 04672) is a...
Cooperative Corporations as “Owners” for Labor Law §§ 240(1) and 241(6): Proprietary-Lease Nexus Confirmed; Device-Quality Regulations (12 NYCRR 23-1.15, 23-1.16) Inapplicable When No Device Is Supplied

Cooperative Corporations as “Owners” for Labor Law §§ 240(1) and 241(6): Proprietary-Lease Nexus Confirmed; Device-Quality Regulations (12 NYCRR 23-1.15, 23-1.16) Inapplicable When No Device Is Supplied

Date: Aug 14, 2025
Cooperative Corporations as “Owners” for Labor Law §§ 240(1) and 241(6): Proprietary-Lease Nexus Confirmed; Device-Quality Regulations (12 NYCRR 23-1.15, 23-1.16) Inapplicable When No Device Is...
Including Children in Orders of Protection Requires Demonstrable Exposure or Endangerment: Second Department’s Clarification in Laura W. v. John U. (2025)

Including Children in Orders of Protection Requires Demonstrable Exposure or Endangerment: Second Department’s Clarification in Laura W. v. John U. (2025)

Date: Aug 14, 2025
Including Children in Orders of Protection Requires Demonstrable Exposure or Endangerment: Second Department’s Clarification in Laura W. v. John U. (2025) Court: Appellate Division, Second...
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