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  • Commentaries
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clarifying-the-& Case Commentaries

Legislative Funding Marks the End-Point of the Deliberative Process Exemption – Comment on Citizen Action Defense Fund v. Office of Financial Management (Wash. 2025)

Legislative Funding Marks the End-Point of the Deliberative Process Exemption – Comment on Citizen Action Defense Fund v. Office of Financial Management (Wash. 2025)

Date: Jun 27, 2025
Legislative Funding Marks the End-Point of the Deliberative Process Exemption A Commentary on Citizen Action Defense Fund v. Office of Financial Management, Supreme Court of Washington, No. 103370-2...
“Quash and Control”: New Mexico Affirms District Courts’ Inherent Power to Nullify Post-Indictment Warrants Issued by Inferior Courts

“Quash and Control”: New Mexico Affirms District Courts’ Inherent Power to Nullify Post-Indictment Warrants Issued by Inferior Courts

Date: Jun 27, 2025
“Quash and Control”: New Mexico Affirms District Courts’ Inherent Power to Nullify Post-Indictment Warrants Issued by Inferior Courts 1. Introduction State v. Chavez, 2025-NMSC-___, stands at the...
The “Democratic-Integrity” Disbarment Standard:  Matter of Chesebro (2025) and Its Enduring Legacy

The “Democratic-Integrity” Disbarment Standard: Matter of Chesebro (2025) and Its Enduring Legacy

Date: Jun 27, 2025
The “Democratic-Integrity” Disbarment Standard Matter of Chesebro (2025 NY Slip Op 03855) Introduction Matter of Chesebro is the first reported New York disciplinary opinion to identify an attorney’s...
No Waiver of the Cost-Recovery Prohibition for Storm-Outage Credits: Central Hudson Gas & Electric Corp. v. N.Y. Public Service Commission

No Waiver of the Cost-Recovery Prohibition for Storm-Outage Credits: Central Hudson Gas & Electric Corp. v. N.Y. Public Service Commission

Date: Jun 27, 2025
No Waiver of the Cost-Recovery Prohibition for Storm-Outage Credits: Central Hudson Gas & Electric Corp. v. New York Public Service Commission 1. Introduction In Matter of Central Hudson Gas &...
Sharpe v. Evans (2025 WY 70): Wyoming Supreme Court Reinforces the
    Limits on Collateral Attacks in Domestic Relations Appeals and Signals a
    Firm Stance Against Frivolous Litigation

Sharpe v. Evans (2025 WY 70): Wyoming Supreme Court Reinforces the Limits on Collateral Attacks in Domestic Relations Appeals and Signals a Firm Stance Against Frivolous Litigation

Date: Jun 26, 2025
Sharpe v. Evans (2025 WY 70): Wyoming Supreme Court Reinforces the Limits on Collateral Attacks in Domestic Relations Appeals and Signals a Firm Stance Against Frivolous Litigation Introduction...
Rule 55(c) Prevails: CNMI Supreme Court Affirms Trial-Court Discretion to Set Aside Defaults and Clarifies “Finality” for Issue-Preclusion

Rule 55(c) Prevails: CNMI Supreme Court Affirms Trial-Court Discretion to Set Aside Defaults and Clarifies “Finality” for Issue-Preclusion

Date: Jun 26, 2025
Rule 55(c) Prevails: CNMI Supreme Court Affirms Trial-Court Discretion to Set Aside Defaults and Clarifies “Finality” for Issue-Preclusion Introduction Pangelinan v. Pangelinan (2025 MP 3) emanates...

        Garcia v. Fed LI, LLC: 
        Clarifying Ladder-Fall Liability under Labor Law §240(1) 
        and Rejecting Retroactive Incorporation-by-Reference Indemnity

Garcia v. Fed LI, LLC: Clarifying Ladder-Fall Liability under Labor Law §240(1) and Rejecting Retroactive Incorporation-by-Reference Indemnity

Date: Jun 26, 2025
Garcia v. Fed LI, LLC (2025): A Dual Precedent on Ladder Safety and Post-Accident Indemnity Clauses Introduction In Garcia v. Fed LI, LLC, 2025 NY Slip Op 03795, the New York Appellate Division,...
People v. Cooper (2025): Post-Indictment Recantations, Grand-Jury Disclosure & The Boundaries of Brady Obligations

People v. Cooper (2025): Post-Indictment Recantations, Grand-Jury Disclosure & The Boundaries of Brady Obligations

Date: Jun 26, 2025
People v. Cooper (2025): Post-Indictment Recantations, Grand-Jury Disclosure & The Boundaries of Brady Obligations Introduction People v. Cooper (2025 NY Slip Op 03816) presented the Appellate...
Accusing a Business of “Money Laundering” Is Not Mere Opinion: Moonbeam Gateway Marina, LLC v. Tai Chan

Accusing a Business of “Money Laundering” Is Not Mere Opinion: Moonbeam Gateway Marina, LLC v. Tai Chan

Date: Jun 26, 2025
Accusing a Business of “Money Laundering” Is Not Mere Opinion: Moonbeam Gateway Marina, LLC v. Tai Chan (2025 NY Slip Op 03802) 1. Introduction Moonbeam Gateway Marina, LLC (“Moonbeam” or...
“Repainting as Notice” –  Gass v. County of Rockland (2025):  Constructive Notice Triggered by Routine Road-Marking Maintenance

“Repainting as Notice” – Gass v. County of Rockland (2025): Constructive Notice Triggered by Routine Road-Marking Maintenance

Date: Jun 26, 2025
“Repainting as Notice” – Gass v. County of Rockland (2025): Constructive Notice Triggered by Routine Road-Marking Maintenance 1. Introduction Gass v. County of Rockland, 2025 NY Slip Op 03796,...
Milus v. Sun Valley Company: Clarifying the Standard of Care and the Assumption-of-Risk Bar under Idaho’s Ski Area Liability Act

Milus v. Sun Valley Company: Clarifying the Standard of Care and the Assumption-of-Risk Bar under Idaho’s Ski Area Liability Act

Date: Jun 26, 2025
Milus v. Sun Valley Company: Clarifying the Standard of Care and the Assumption-of-Risk Bar under Idaho’s Ski Area Liability Act Introduction On 25 June 2025 the Idaho Supreme Court issued its...
Unrecorded, Yet Unquestionably Public: Jutila v. Shoshone County Clarifies Idaho’s Road-Creation Rules and the Scope of “Public-Interest” Validation

Unrecorded, Yet Unquestionably Public: Jutila v. Shoshone County Clarifies Idaho’s Road-Creation Rules and the Scope of “Public-Interest” Validation

Date: Jun 26, 2025
Unrecorded, Yet Unquestionably Public: Jutila v. Shoshone County Clarifies Idaho’s Road-Creation Rules and the Scope of “Public-Interest” Validation Introduction In Jutila v. County of Shoshone, No....
No Rescission Without an Illegal Obligation ‑ The Second Circuit Clarifies Section 29(b) in Xeriant, Inc. v. Auctus Fund LLC

No Rescission Without an Illegal Obligation ‑ The Second Circuit Clarifies Section 29(b) in Xeriant, Inc. v. Auctus Fund LLC

Date: Jun 26, 2025
No Rescission Without an Illegal Obligation: The Second Circuit Clarifies Section 29(b) in Xeriant, Inc. v. Auctus Fund LLC Introduction The United States Court of Appeals for the Second Circuit has...
Strategic Delay Is Not Excusable: Rhode Island Supreme Court Fortifies Trial-Court Power to Dismiss Appeals for Intentional Non-Compliance with Transcript Deadlines

Strategic Delay Is Not Excusable: Rhode Island Supreme Court Fortifies Trial-Court Power to Dismiss Appeals for Intentional Non-Compliance with Transcript Deadlines

Date: Jun 26, 2025
Strategic Delay Is Not Excusable: Rhode Island Supreme Court Fortifies Trial-Court Power to Dismiss Appeals for Intentional Non-Compliance with Transcript Deadlines 1. Introduction The Rhode Island...
Synchronizing Compliance: Deutsche Bank v. Goetz Establishes a Zero-Tolerance Timeline for RPAPL 1304 & 1306 in New York Foreclosures

Synchronizing Compliance: Deutsche Bank v. Goetz Establishes a Zero-Tolerance Timeline for RPAPL 1304 & 1306 in New York Foreclosures

Date: Jun 26, 2025
Synchronizing Compliance: Deutsche Bank v. Goetz Establishes a Zero-Tolerance Timeline for RPAPL 1304 & 1306 in New York Foreclosures Introduction On 25 June 2025, the Appellate Division, Second...
Maliah-Dupass v. Dupass: Refined Rules on Disability Pensions, Educational Add-Ons, and Enhanced-Earnings Claims

Maliah-Dupass v. Dupass: Refined Rules on Disability Pensions, Educational Add-Ons, and Enhanced-Earnings Claims

Date: Jun 26, 2025
Maliah-Dupass v. Dupass (2025) — Refined Rules on Disability Pensions, Educational Add-Ons, and Enhanced-Earnings Claims 1. Introduction Maliah-Dupass v. Dupass, 2025 NY Slip Op 03801, is a Second...
JPMorgan Chase Bank, N.A. v. Stern (2025): Clarifying the Dual-Burden Framework for RPAPL §1304 Compliance in Mortgage-Foreclosure Summary-Judgment Motions

JPMorgan Chase Bank, N.A. v. Stern (2025): Clarifying the Dual-Burden Framework for RPAPL §1304 Compliance in Mortgage-Foreclosure Summary-Judgment Motions

Date: Jun 26, 2025
JPMorgan Chase Bank, N.A. v. Stern (2025): Clarifying the Dual-Burden Framework for RPAPL §1304 Compliance in Mortgage-Foreclosure Summary-Judgment Motions Introduction The Second Department’s...
The Reinforced “Four-Corners” Doctrine: Wisconsin Supreme Court Re-limits the Governor’s Partial-Veto Power (Wisconsin State Legislature v. DPI, 2025 WI 27)

The Reinforced “Four-Corners” Doctrine: Wisconsin Supreme Court Re-limits the Governor’s Partial-Veto Power (Wisconsin State Legislature v. DPI, 2025 WI 27)

Date: Jun 26, 2025
The Reinforced “Four-Corners” Doctrine: Wisconsin Supreme Court Re-limits the Governor’s Partial-Veto Power Commentary on Wisconsin State Legislature v. Wisconsin Department of Public Instruction,...
Clarifying the Admissibility of Lay Non-Eyewitness Identification Testimony: A Commentary on People v. Cannon (2025)

Clarifying the Admissibility of Lay Non-Eyewitness Identification Testimony: A Commentary on People v. Cannon (2025)

Date: Jun 26, 2025
Clarifying the Admissibility of Lay Non-Eyewitness Identification Testimony: A Commentary on People v. Cannon (2025 NY Slip Op 03814) 1. Introduction People v. Cannon (2025) presented the New York...
Assistant Superintendents Are “School Officers”: Aideyan v. Mount Vernon City School District (2025) and Its Precedential Reach

Assistant Superintendents Are “School Officers”: Aideyan v. Mount Vernon City School District (2025) and Its Precedential Reach

Date: Jun 26, 2025
Assistant Superintendents Are “School Officers”: Aideyan v. Mount Vernon City School District (2025) and Its Precedential Reach Introduction A retaining-wall collapse and subsequent flooding sparked...
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