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

CEEFPA Hardship Declarations Are Not an “Appearance”: Second Department Clarifies No Waiver of Personal Jurisdiction in Foreclosure Actions

CEEFPA Hardship Declarations Are Not an “Appearance”: Second Department Clarifies No Waiver of Personal Jurisdiction in Foreclosure Actions

Date: Aug 14, 2025
CEEFPA Hardship Declarations Are Not an “Appearance”: Second Department Clarifies No Waiver of Personal Jurisdiction in Foreclosure Actions Introduction In U.S. Bank Trust, N.A. v. Lane (2025 NY Slip...
Oversight Duties Defeat Common‑Law Indemnity and Contribution; Prime‑Contract Indemnity Does Not Flow Down Without Clear Incorporation — Town of Oyster Bay v. Peter Scalamandre & Sons, Inc. (2025 NY Slip Op 04679)

Oversight Duties Defeat Common‑Law Indemnity and Contribution; Prime‑Contract Indemnity Does Not Flow Down Without Clear Incorporation — Town of Oyster Bay v. Peter Scalamandre & Sons, Inc. (2025 NY Slip Op 04679)

Date: Aug 14, 2025
Oversight Duties Defeat Common‑Law Indemnity and Contribution; Prime‑Contract Indemnity Does Not Flow Down Without Clear Incorporation Case: Town of Oyster Bay v. Peter Scalamandre & Sons, Inc., 2025...
Functional Control at the Pleading Stage: New York’s Second Department Lowers the Barrier to Alleging Joint-Employer and Single-Enterprise Liability (Shujing Yu v. Mask Pot, Inc., 2025 NY Slip Op 04673)

Functional Control at the Pleading Stage: New York’s Second Department Lowers the Barrier to Alleging Joint-Employer and Single-Enterprise Liability (Shujing Yu v. Mask Pot, Inc., 2025 NY Slip Op 04673)

Date: Aug 14, 2025
Functional Control at the Pleading Stage: New York’s Second Department Lowers the Barrier to Alleging Joint-Employer and Single-Enterprise Liability Introduction In Shujing Yu v. Mask Pot, Inc. (2025...
Pre‑2019 NYSHRL Standards Reaffirmed; Legitimate Elimination of Administrative Stipends Defeats Gender Discrimination and Retaliation Claims — Commentary on Niemotko v. Mount Saint Mary College (2025 NY Slip Op 04658)

Pre‑2019 NYSHRL Standards Reaffirmed; Legitimate Elimination of Administrative Stipends Defeats Gender Discrimination and Retaliation Claims — Commentary on Niemotko v. Mount Saint Mary College (2025 NY Slip Op 04658)

Date: Aug 14, 2025
Pre‑2019 NYSHRL Standards Reaffirmed; Legitimate Elimination of Administrative Stipends Defeats Gender Discrimination and Retaliation Claims — Commentary on Niemotko v. Mount Saint Mary College (2025...
Settlement Allocution as Conclusive Documentary Evidence Defeating Post‑Settlement Malpractice Claims: Valentina v. Beckerman (2025)

Settlement Allocution as Conclusive Documentary Evidence Defeating Post‑Settlement Malpractice Claims: Valentina v. Beckerman (2025)

Date: Aug 14, 2025
Settlement Allocution as Conclusive Documentary Evidence Defeating Post‑Settlement Malpractice Claims: Valentina v. Beckerman Citation: Valentina v. Beckerman, 2025 NY Slip Op 04682 (App. Div. 2d...

        Offence-Date Baseline Reaffirmed for Ex-Post-Facto Parole Challenges:
        Commentary on Fred Krug v. New Jersey State Parole Board

Offence-Date Baseline Reaffirmed for Ex-Post-Facto Parole Challenges: Commentary on Fred Krug v. New Jersey State Parole Board

Date: Aug 13, 2025
Offence-Date Baseline Reaffirmed for Ex-Post-Facto Parole Challenges: A Structured Commentary on Fred Krug v. New Jersey State Parole Board (N.J. 2025) 1. Introduction In Fred Krug v. New Jersey...
“One Year to Sue”: The New Jersey Supreme Court Aligns False-Light Privacy Claims with Defamation for Statute-of-Limitations Purposes

“One Year to Sue”: The New Jersey Supreme Court Aligns False-Light Privacy Claims with Defamation for Statute-of-Limitations Purposes

Date: Aug 13, 2025
“One Year to Sue”: The New Jersey Supreme Court Aligns False-Light Privacy Claims with Defamation for Statute-of-Limitations Purposes Introduction On 7 August 2025, the Supreme Court of New Jersey...
From “Patent and Gross” to “Ordinary”: State v. Taylor Jr. Redefines Judicial Review of Graves Act Waiver Denials

From “Patent and Gross” to “Ordinary”: State v. Taylor Jr. Redefines Judicial Review of Graves Act Waiver Denials

Date: Aug 13, 2025
From “Patent and Gross” to “Ordinary”: State v. Taylor Jr. Establishes the Abuse-of-Discretion Standard for Graves Act Waiver Reviews Introduction State v. Delshon J. Taylor Jr., 259 N.J. ___ (2025),...
“Beyond the Final Whistle” – Nevada Clarifies Post-Employment Arbitrability and Unconscionability in The National Football League v. Gruden

“Beyond the Final Whistle” – Nevada Clarifies Post-Employment Arbitrability and Unconscionability in The National Football League v. Gruden

Date: Aug 13, 2025
“Beyond the Final Whistle” – Nevada Clarifies Post-Employment Arbitrability and Unconscionability in The National Football League v. Gruden I. Introduction On 11 August 2025 the Supreme Court of...
No Stand-Alone “Community Caretaking” Exception:  State v. Adams and the Constitutional Limits on Searching Civilly-Committed Patients

No Stand-Alone “Community Caretaking” Exception: State v. Adams and the Constitutional Limits on Searching Civilly-Committed Patients

Date: Aug 13, 2025
No Stand-Alone “Community Caretaking” Exception: State v. Adams and the Constitutional Limits on Searching Civilly-Committed Patients Introduction State v. Adams, 50841 (Idaho Aug. 11 2025), squarely...
Reaffirming the Economic-Motive Exception:  Cardenas-Zepeda v. Bondi and the Nexus Requirement in Gang-Extortion Asylum Claims

Reaffirming the Economic-Motive Exception: Cardenas-Zepeda v. Bondi and the Nexus Requirement in Gang-Extortion Asylum Claims

Date: Aug 13, 2025
Reaffirming the Economic-Motive Exception: Cardenas-Zepeda v. Bondi and the Nexus Requirement in Gang-Extortion Asylum Claims 1. Introduction Cardenas-Zepeda v. Bondi, decided by the United States...
Tiered Partnerships and the Two-Year Disguised-Sale Presumption: Lessons from PIMLICO, LLC v. Commissioner (2d Cir. 2025)

Tiered Partnerships and the Two-Year Disguised-Sale Presumption: Lessons from PIMLICO, LLC v. Commissioner (2d Cir. 2025)

Date: Aug 13, 2025
Tiered Partnerships and the Two-Year Disguised-Sale Presumption: Lessons from PIMLICO, LLC v. Commissioner of Internal Revenue (2d Cir. 2025) 1. Introduction The Second Circuit’s summary order in...
“Seeing” Is Still Believing: Clear-Error Review of District-Court Findings Based on Video Evidence after United States v. Espinal (2d Cir. 2025)

“Seeing” Is Still Believing: Clear-Error Review of District-Court Findings Based on Video Evidence after United States v. Espinal (2d Cir. 2025)

Date: Aug 13, 2025
“Seeing” Is Still Believing: Clear-Error Review of District-Court Findings Based on Video Evidence after United States v. Espinal (2d Cir. 2025) 1. Introduction The Second Circuit’s summary order in...
United States v. Figueroa: Sharpening the Limits of the Cronic Presumption and Client-Autonomy Claims in the Second Circuit

United States v. Figueroa: Sharpening the Limits of the Cronic Presumption and Client-Autonomy Claims in the Second Circuit

Date: Aug 13, 2025
United States v. Figueroa: Sharpening the Limits of the Cronic Presumption and Client-Autonomy Claims in the Second Circuit Introduction On 11 August 2025 the United States Court of Appeals for the...
The Gardner-Alfred Doctrine: Second Circuit Defines When Courts May Resolve Religious-Accommodation Claims at Summary Judgment and Upholds Robust Discovery-Sanctions Powers

The Gardner-Alfred Doctrine: Second Circuit Defines When Courts May Resolve Religious-Accommodation Claims at Summary Judgment and Upholds Robust Discovery-Sanctions Powers

Date: Aug 13, 2025
The Gardner-Alfred Doctrine: Second Circuit Defines When Courts May Resolve Religious-Accommodation Claims at Summary Judgment and Upholds Robust Discovery-Sanctions Powers Introduction In...
When Assets and Liabilities Transfer, So Does Jurisdiction: The Second Circuit’s Landmark Successor-Jurisdiction Doctrine in Lelchook v. Société Générale de Banque au Liban S.A.L. (2025)

When Assets and Liabilities Transfer, So Does Jurisdiction: The Second Circuit’s Landmark Successor-Jurisdiction Doctrine in Lelchook v. Société Générale de Banque au Liban S.A.L. (2025)

Date: Aug 13, 2025
When Assets and Liabilities Transfer, So Does Jurisdiction: The Second Circuit’s Landmark Successor-Jurisdiction Doctrine in Lelchook v. Société Générale de Banque au Liban S.A.L. (2025) Introduction...
United States v. Rodriguez: Mandatory Dismissal of Frivolous In-Forma-Pauperis Appeals From Compassionate-Release Denials

United States v. Rodriguez: Mandatory Dismissal of Frivolous In-Forma-Pauperis Appeals From Compassionate-Release Denials

Date: Aug 13, 2025
United States v. Rodriguez: The Second Circuit’s New Directive on Dismissing Frivolous IFP Appeals in the Compassionate-Release Context Court of Appeals for the Second Circuit | August Term 2024 |...
“Dangerousness as a Historical Constant” – The Second Circuit Upholds 18 U.S.C. § 922(g)(9) in United States v. Simmons

“Dangerousness as a Historical Constant” – The Second Circuit Upholds 18 U.S.C. § 922(g)(9) in United States v. Simmons

Date: Aug 13, 2025
“Dangerousness as a Historical Constant” – The Second Circuit Upholds 18 U.S.C. § 922(g)(9) in United States v. Simmons 1. Introduction On 11 August 2025 the United States Court of Appeals for the...
Elevating Indirect and Psychological Harm: The Eleventh Circuit’s Expanded Interpretation of the “Grave-Risk” Defense under the Hague Convention

Elevating Indirect and Psychological Harm: The Eleventh Circuit’s Expanded Interpretation of the “Grave-Risk” Defense under the Hague Convention

Date: Aug 13, 2025
Elevating Indirect and Psychological Harm: The Eleventh Circuit’s Expanded Interpretation of the “Grave-Risk” Defense under the Hague Convention Introduction In Israel Bassat v. Sapir Swissa Dana,...
“From Ancient Warrants to Modern Torture Claims” – The Eleventh Circuit Clarifies the Evidentiary Threshold for CAT Protection When Persecution Occurred Decades Ago

“From Ancient Warrants to Modern Torture Claims” – The Eleventh Circuit Clarifies the Evidentiary Threshold for CAT Protection When Persecution Occurred Decades Ago

Date: Aug 13, 2025
“From Ancient Warrants to Modern Torture Claims” – The Eleventh Circuit Clarifies the Evidentiary Threshold for CAT Protection When Persecution Occurred Decades Ago Introduction In Olakunle A. Oshodi...
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