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clarifying-the-& Case Commentaries

No Scienter Necessary: The Fourth Circuit’s Landmark Ruling on Civil RICO “Unlawful-Debt” Claims in Williams v. Martorello

No Scienter Necessary: The Fourth Circuit’s Landmark Ruling on Civil RICO “Unlawful-Debt” Claims in Williams v. Martorello

Date: Jul 22, 2025
No Scienter Necessary: The Fourth Circuit’s Landmark Ruling on Civil RICO “Unlawful-Debt” Claims in Williams v. Martorello Introduction Williams v. Martorello, decided on 16 July 2025 by the United...
Clarifying Primary vs. Secondary Fault: Fourth Circuit Recognizes Implied Indemnification Between Joint Tortfeasors in Maryland Strict-Liability Actions, But Reaffirms the American Rule on Attorneys’ Fees

Clarifying Primary vs. Secondary Fault: Fourth Circuit Recognizes Implied Indemnification Between Joint Tortfeasors in Maryland Strict-Liability Actions, But Reaffirms the American Rule on Attorneys’ Fees

Date: Jul 22, 2025
Clarifying Primary vs. Secondary Fault: Fourth Circuit Recognizes Implied Indemnification Between Joint Tortfeasors in Maryland Strict-Liability Actions, But Reaffirms the American Rule on Attorneys’...
Foreign Insolvency as a Decisive Factor:  Tiber Creek Partners, LLC v. Ellume USA LLC and the Fourth Circuit’s Refined Test for Dismissing a Citizen-Plaintiff’s Home-Forum Suit on Forum Non Conveniens Grounds

Foreign Insolvency as a Decisive Factor: Tiber Creek Partners, LLC v. Ellume USA LLC and the Fourth Circuit’s Refined Test for Dismissing a Citizen-Plaintiff’s Home-Forum Suit on Forum Non Conveniens Grounds

Date: Jul 22, 2025
Foreign Insolvency as a Decisive Factor: Tiber Creek Partners, LLC v. Ellume USA LLC and the Fourth Circuit’s Refined Test for Dismissing a Citizen-Plaintiff’s Home-Forum Suit on Forum Non Conveniens...
Probable Cause Through Layered Suspicion:  The “Vallejos Framework” for Warrantless Automobile Searches & Non-Custodial Traffic-Stop Questioning

Probable Cause Through Layered Suspicion: The “Vallejos Framework” for Warrantless Automobile Searches & Non-Custodial Traffic-Stop Questioning

Date: Jul 22, 2025
Probable Cause Through Layered Suspicion: The “Vallejos Framework” for Warrantless Automobile Searches & Non-Custodial Traffic-Stop Questioning Introduction United States v. Vallejos, No. 24-2065...
Clarifying the Burden of Proving Trademark-Use Authorization in Gray-Market Goods: A Commentary on AL Infinity LLC v. Spalter (2d Cir. 2025)

Clarifying the Burden of Proving Trademark-Use Authorization in Gray-Market Goods: A Commentary on AL Infinity LLC v. Spalter (2d Cir. 2025)

Date: Jul 22, 2025
Clarifying the Burden of Proving Trademark-Use Authorization in Gray-Market Goods: A Commentary on AL Infinity LLC v. Spalter (2d Cir. 2025) 1. Introduction The Second Circuit’s summary order in AL...
Clarifying the Futility Exception: Mukhtorova v. Bondi and the “Unwilling-or-Unable” Test in U.S. Asylum Law

Clarifying the Futility Exception: Mukhtorova v. Bondi and the “Unwilling-or-Unable” Test in U.S. Asylum Law

Date: Jul 22, 2025
Clarifying the Futility Exception: Mukhtorova v. Bondi and the “Unwilling-or-Unable” Test in U.S. Asylum Law 1. Introduction Mukhtorova v. Bondi, No. 24-279 (2d Cir. July 15, 2025) is a summary order...
“Beyond the Four Corners”: Florida Supreme Court Affirms Actionability of Implied Covenants in Public-University Contracts

“Beyond the Four Corners”: Florida Supreme Court Affirms Actionability of Implied Covenants in Public-University Contracts

Date: Jul 19, 2025
“Beyond the Four Corners”: Florida Supreme Court Affirms Actionability of Implied Covenants in Public-University Contracts 1. Introduction Anthony Rojas, a graduate student at the University of...
Post-Reprimand Statements and the Duty of Candor: The New Rokita Rule

Post-Reprimand Statements and the Duty of Candor: The New Rokita Rule

Date: Jul 19, 2025
Post-Reprimand Statements and the Duty of Candor: The Indiana Supreme Court’s “Rokita II” Framework for Attorney Discipline Introduction In In the Matter of Theodore Edward Rokita (“Rokita II”), the...
Matter of Santos: Second Department Reaffirms Consent Discipline Parameters and a One‑Year Suspension Baseline for Attorney Neglect Coupled with Client Deception

Matter of Santos: Second Department Reaffirms Consent Discipline Parameters and a One‑Year Suspension Baseline for Attorney Neglect Coupled with Client Deception

Date: Jul 17, 2025
Matter of Santos: Second Department Reaffirms Consent Discipline Parameters and a One‑Year Suspension Baseline for Attorney Neglect Coupled with Client Deception Introduction In Matter of Santos...
Interplay of SSL §409‑h and FCA §1055‑c Clarified: Courts Must Prove Actual Unavailability of Less Restrictive Placements Before Approving QRTPs

Interplay of SSL §409‑h and FCA §1055‑c Clarified: Courts Must Prove Actual Unavailability of Less Restrictive Placements Before Approving QRTPs

Date: Jul 17, 2025
Interplay of SSL §409‑h and FCA §1055‑c Clarified: Courts Must Prove Actual Unavailability of Less Restrictive Placements Before Approving QRTPs Introduction This commentary analyzes the Appellate...
Angel v. Strulovich: Three-Year Conversion Limitations Controls Conversion‑Based Constructive Trust Claims; Accrual at Initial Withholding of Investment Funds

Angel v. Strulovich: Three-Year Conversion Limitations Controls Conversion‑Based Constructive Trust Claims; Accrual at Initial Withholding of Investment Funds

Date: Jul 17, 2025
Angel v. Strulovich: Three-Year Conversion Limitations Controls Conversion‑Based Constructive Trust Claims; Accrual at Initial Withholding of Investment Funds Introduction In Angel v. Strulovich...
Eleventh Circuit Validates “Good-Cause” Tenure for Administrative Law Judges – Commentary on Walmart, Inc. v. King (2025)

Eleventh Circuit Validates “Good-Cause” Tenure for Administrative Law Judges – Commentary on Walmart, Inc. v. King (2025)

Date: Jul 17, 2025
Eleventh Circuit Validates “Good-Cause” Tenure for Administrative Law Judges A Commentary on Walmart, Inc. v. Chief ALJ (OCAHO), 24-11733 (11th Cir. 2025) 1. Introduction In Walmart, Inc. v. King,...
“No Taking in Treating the Indigent” – The New Jersey Supreme Court Affirms that Mandatory Charity-Care Is Not a Compensable Taking

“No Taking in Treating the Indigent” – The New Jersey Supreme Court Affirms that Mandatory Charity-Care Is Not a Compensable Taking

Date: Jul 17, 2025
“No Taking in Treating the Indigent”: Englewood Hospital & Medical Center v. State Sets the Modern Boundary Between Public-Health Obligations and Property Rights 1. Introduction On 16 July 2025 the...
USPS Change‑of‑Address as Due Diligence: Second Department Clarifies CPLR 308(4) “Affix-and-Mail” and the Burden to Rebut Proper Service

USPS Change‑of‑Address as Due Diligence: Second Department Clarifies CPLR 308(4) “Affix-and-Mail” and the Burden to Rebut Proper Service

Date: Jul 17, 2025
USPS Change‑of‑Address as Due Diligence: Second Department Clarifies CPLR 308(4) “Affix-and-Mail” and the Burden to Rebut Proper Service Case: PNMAC Mortgage Opportunity Fund Investors, LLC v....
School-Observed Injury as Corroboration and Untreated Mental Illness as Independent Grounds for Neglect: Second Department’s Dual-Track Affirmance in Matter of Zaria P. (Sade G.)

School-Observed Injury as Corroboration and Untreated Mental Illness as Independent Grounds for Neglect: Second Department’s Dual-Track Affirmance in Matter of Zaria P. (Sade G.)

Date: Jul 17, 2025
School-Observed Injury as Corroboration and Untreated Mental Illness as Independent Grounds for Neglect: Second Department’s Dual-Track Affirmance in Matter of Zaria P. (Sade G.) Introduction In...
Issue Preclusion in New York Attorney Discipline: Out‑of‑State Probate Findings (Including Intent and Bad Faith) Bind the Respondent, But Rule Violations Remain for the Court

Issue Preclusion in New York Attorney Discipline: Out‑of‑State Probate Findings (Including Intent and Bad Faith) Bind the Respondent, But Rule Violations Remain for the Court

Date: Jul 17, 2025
Issue Preclusion in New York Attorney Discipline: Out‑of‑State Probate Findings (Including Intent and Bad Faith) Bind the Respondent, But Rule Violations Remain for the Court Introduction Matter of...
Confirmed Chapter 13 “Surrender/Release” Judicially Estops FAPA and Other Nonjurisdictional Foreclosure Defenses; Referee’s Amount-Due Findings Must Be Supported by Produced Business Records

Confirmed Chapter 13 “Surrender/Release” Judicially Estops FAPA and Other Nonjurisdictional Foreclosure Defenses; Referee’s Amount-Due Findings Must Be Supported by Produced Business Records

Date: Jul 17, 2025
Confirmed Chapter 13 “Surrender/Release” Judicially Estops FAPA and Other Nonjurisdictional Foreclosure Defenses; Referee’s Amount-Due Findings Must Be Supported by Produced Business Records...
No Constructive Trust Without a Property‑Specific Promise: The Second Department limits constructive trusts where diverted funds merely improve unrelated properties

No Constructive Trust Without a Property‑Specific Promise: The Second Department limits constructive trusts where diverted funds merely improve unrelated properties

Date: Jul 17, 2025
No Constructive Trust Without a Property‑Specific Promise: The Second Department limits constructive trusts where diverted funds merely improve unrelated properties Introduction In Angel v....
United States v. Mikkelson: Eleventh Circuit Clarifies Harmless-Error Treatment of Criminal-History Miscalculations and Re-affirms Broad Judicial Discretion for Upward Variances in Violent RICO Sentencings

United States v. Mikkelson: Eleventh Circuit Clarifies Harmless-Error Treatment of Criminal-History Miscalculations and Re-affirms Broad Judicial Discretion for Upward Variances in Violent RICO Sentencings

Date: Jul 16, 2025
United States v. Mikkelson: Eleventh Circuit Clarifies Harmless-Error Treatment of Criminal-History Miscalculations and Re-affirms Broad Judicial Discretion for Upward Variances in Violent RICO...
HomeRiver v. Anders Business Solutions: Reaffirming the Strict Majority-Member Exception for LLC Self-Representation in Montana Justice Courts

HomeRiver v. Anders Business Solutions: Reaffirming the Strict Majority-Member Exception for LLC Self-Representation in Montana Justice Courts

Date: Jul 16, 2025
HomeRiver v. Anders Business Solutions: Reaffirming the Strict Majority-Member Exception for LLC Self-Representation in Montana Justice Courts Supreme Court of Montana – 2025 MT 154N Appeal No. DA...
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