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  • Commentaries
  • Judgments

clarifying-the-&amp Case Commentaries

“Written-Terms Trump Hand-to-Hand Cash” – The Second Circuit’s Clarification of
U.C.C. §2-201/2-209, Apparent Authority and Foreseeability in Vista Food Exchange, Inc. v. Comercial De Alimentos Sanchez (2025)

“Written-Terms Trump Hand-to-Hand Cash” – The Second Circuit’s Clarification of U.C.C. §2-201/2-209, Apparent Authority and Foreseeability in Vista Food Exchange, Inc. v. Comercial De Alimentos Sanchez (2025)

Date: Jul 26, 2025
“Written-Terms Trump Hand-to-Hand Cash” – The Second Circuit’s Clarification of U.C.C. §§ 2-201 & 2-209, Apparent Authority and Foreseeability in Vista Food Exchange, Inc. v. Comercial De Alimentos...
No Shortcuts Around Medicare’s Administrative Review Scheme: The Eleventh Circuit Fortifies § 405(g) Exclusivity in Bishins v. HHS

No Shortcuts Around Medicare’s Administrative Review Scheme: The Eleventh Circuit Fortifies § 405(g) Exclusivity in Bishins v. HHS

Date: Jul 26, 2025
No Shortcuts Around Medicare’s Administrative Review Scheme: The Eleventh Circuit Fortifies § 405(g) Exclusivity in Bishins v. HHS 1. Introduction Larry V. Bishins, a Medicare beneficiary and...
Exclusive Economic Zones Are “High Seas” for MDLEA Purposes: United States v. Quijije Mero, 22-11929 (11th Cir. 2025)

Exclusive Economic Zones Are “High Seas” for MDLEA Purposes: United States v. Quijije Mero, 22-11929 (11th Cir. 2025)

Date: Jul 26, 2025
Exclusive Economic Zones Are “High Seas” for MDLEA Purposes: United States v. Quijije Mero, 22-11929 (11th Cir. 2025) Introduction In United States v. Nilson Olaya Grueso, José Junior Bailon Franco,...
Everson: No Per Se Adjournment for Late Discovery Under CPL 245.80(1)(a); Out‑of‑Order Peremptory Strike of an Alternate Is Moot Absent Alternate Deliberations

Everson: No Per Se Adjournment for Late Discovery Under CPL 245.80(1)(a); Out‑of‑Order Peremptory Strike of an Alternate Is Moot Absent Alternate Deliberations

Date: Jul 26, 2025
Everson: No Per Se Adjournment for Late Discovery Under CPL 245.80(1)(a); Out‑of‑Order Peremptory Strike of an Alternate Is Moot Absent Alternate Deliberations Introduction In People v. Everson (2025...
Erlinger Challenges Must Be Preserved, and Officer Responses to “What Are My Charges?” Are Not Interrogation: Commentary on People v. Emanuel (2025)

Erlinger Challenges Must Be Preserved, and Officer Responses to “What Are My Charges?” Are Not Interrogation: Commentary on People v. Emanuel (2025)

Date: Jul 26, 2025
Erlinger Challenges Must Be Preserved, and Officer Responses to “What Are My Charges?” Are Not Interrogation: Commentary on People v. Emanuel (2025) Case: People v. Emanuel, 2025 NY Slip Op 04354...
Inferring Shared Intent in Unidentified‑Shooter Cases: People v. Brown (2025) Clarifies Accomplice Liability and Coconspirator Text Admissibility in New York

Inferring Shared Intent in Unidentified‑Shooter Cases: People v. Brown (2025) Clarifies Accomplice Liability and Coconspirator Text Admissibility in New York

Date: Jul 26, 2025
Inferring Shared Intent in Unidentified‑Shooter Cases: People v. Brown (2025) Clarifies Accomplice Liability and Coconspirator Text Admissibility in New York Introduction In People v. Brown (2025 NY...
Parsons v. County of Steuben: Ladder Removal Held Outside Labor Law § 240(1) Where Securing Would Contradict the Work Plan; Slippery Crushed‑Gravel Pad Recognized as an Enumerated Work Surface Under § 241(6)

Parsons v. County of Steuben: Ladder Removal Held Outside Labor Law § 240(1) Where Securing Would Contradict the Work Plan; Slippery Crushed‑Gravel Pad Recognized as an Enumerated Work Surface Under § 241(6)

Date: Jul 26, 2025
Parsons v. County of Steuben: Ladder Removal Held Outside Labor Law § 240(1) Where Securing Would Contradict the Work Plan; Slippery Crushed‑Gravel Pad Recognized as an Enumerated Work Surface Under...
Apparent Authority as a Dual Gateway: Fraud Pleading and CPLR 302 Jurisdiction; Six‑Year Cutoff for Serial Misrepresentations; Strict Propensity Notice for Negligent Supervision

Apparent Authority as a Dual Gateway: Fraud Pleading and CPLR 302 Jurisdiction; Six‑Year Cutoff for Serial Misrepresentations; Strict Propensity Notice for Negligent Supervision

Date: Jul 26, 2025
Apparent Authority as a Dual Gateway: Fraud Pleading and CPLR 302 Jurisdiction; Six‑Year Cutoff for Serial Misrepresentations; Strict Propensity Notice for Negligent Supervision Introduction In...
“The Prevention Doctrine Meets Auto-Insurance”: A Commentary on Mario De Los Santos v. Allstate Property & Casualty Insurance Co.

“The Prevention Doctrine Meets Auto-Insurance”: A Commentary on Mario De Los Santos v. Allstate Property & Casualty Insurance Co.

Date: Jul 26, 2025
“The Prevention Doctrine Meets Auto-Insurance” Delaware Supreme Court Clarifies Section 3915 and Blocks Insurers from Benefiting from Their Own Premium-Collection Errors Introduction In Mario De Los...
“Same-Gun Nexus” as Significant Common Evidence: People v. Spinks Clarifies Joinder Under CPL 200.20(2)(b) and (c)

“Same-Gun Nexus” as Significant Common Evidence: People v. Spinks Clarifies Joinder Under CPL 200.20(2)(b) and (c)

Date: Jul 26, 2025
“Same-Gun Nexus” as Significant Common Evidence: People v. Spinks Clarifies Joinder Under CPL 200.20(2)(b) and (c) Introduction People v. Spinks (2025 NY Slip Op 04303) arises from two violent...

      Rule of Completeness Can Permit Testimonial Hearsay to Correct Defense Misrepresentation; Security-Guard 911 Calls Are Non-Anonymous for Reasonable Suspicion: Commentary on People v. Peterson (2025)

Rule of Completeness Can Permit Testimonial Hearsay to Correct Defense Misrepresentation; Security-Guard 911 Calls Are Non-Anonymous for Reasonable Suspicion: Commentary on People v. Peterson (2025)

Date: Jul 26, 2025
Rule of Completeness Can Permit Testimonial Hearsay to Correct Defense Misrepresentation; Security-Guard 911 Calls Are Non-Anonymous for Reasonable Suspicion Introduction In People v. Peterson (2025...
Fourth Department Recognizes Nonwaivable Appellate Authority to Reduce Sentences in the Interest of Justice, Even After a Valid Appeal Waiver — People v. Hannah T. (2025)

Fourth Department Recognizes Nonwaivable Appellate Authority to Reduce Sentences in the Interest of Justice, Even After a Valid Appeal Waiver — People v. Hannah T. (2025)

Date: Jul 26, 2025
Fourth Department Recognizes Nonwaivable Appellate Authority to Reduce Sentences in the Interest of Justice, Even After a Valid Appeal Waiver — People v. Hannah T. (2025) Introduction In People v....
Preserving CPL 30.30 Claims Despite Withdrawal of a Renewal Motion: The Fourth Department’s Clarification in People v. Banks

Preserving CPL 30.30 Claims Despite Withdrawal of a Renewal Motion: The Fourth Department’s Clarification in People v. Banks

Date: Jul 26, 2025
Preserving CPL 30.30 Claims Despite Withdrawal of a Renewal Motion: The Fourth Department’s Clarification in People v. Banks Introduction In People v. Banks, 2025 NY Slip Op 04346 (App Div 4th Dept...
Emergency Doctrine and Sudden Non‑Vehicular Highway Obstructions: Rear‑End Presumption Rebuttal, Police‑Report Hearsay, and Abandonment Clarified in Gallt v. Nelk (2025)

Emergency Doctrine and Sudden Non‑Vehicular Highway Obstructions: Rear‑End Presumption Rebuttal, Police‑Report Hearsay, and Abandonment Clarified in Gallt v. Nelk (2025)

Date: Jul 26, 2025
Emergency Doctrine and Sudden Non‑Vehicular Highway Obstructions: Rear‑End Presumption Rebuttal, Police‑Report Hearsay, and Abandonment Clarified in Gallt v. Nelk (2025) Introduction In Gallt v....
Precision in Damages and a New Lens on Merchant Cash Advances: Bridge Funding Cap LLC v. SimonExpress Pizza, LLC (AD4th 2025)

Precision in Damages and a New Lens on Merchant Cash Advances: Bridge Funding Cap LLC v. SimonExpress Pizza, LLC (AD4th 2025)

Date: Jul 26, 2025
Precision in Damages and a New Lens on Merchant Cash Advances: Bridge Funding Cap LLC v. SimonExpress Pizza, LLC (AD4th 2025) Introduction In Bridge Funding Cap LLC v. SimonExpress Pizza, LLC (2025...
Flight After a Level‑Two Inquiry in a “Shots‑Fired” Investigation Can Ripen Founded Suspicion into Reasonable Suspicion; Consent‑to‑Frisk Requests Permissible at Level Two — Commentary on People v. Smith (2025 NY Slip Op 04317)

Flight After a Level‑Two Inquiry in a “Shots‑Fired” Investigation Can Ripen Founded Suspicion into Reasonable Suspicion; Consent‑to‑Frisk Requests Permissible at Level Two — Commentary on People v. Smith (2025 NY Slip Op 04317)

Date: Jul 26, 2025
Flight After a Level‑Two Inquiry in a “Shots‑Fired” Investigation Can Ripen Founded Suspicion into Reasonable Suspicion; Consent‑to‑Frisk Requests Permissible at Level Two — Commentary on People v....
No Attenuation Without Preservation: Fourth Department Suppresses Station-House Statements After Unlawful Handcuffing During Traffic Stop

No Attenuation Without Preservation: Fourth Department Suppresses Station-House Statements After Unlawful Handcuffing During Traffic Stop

Date: Jul 26, 2025
No Attenuation Without Preservation: Fourth Department Suppresses Station-House Statements After Unlawful Handcuffing During Traffic Stop Introduction In People v. Hernandez (2025 NY Slip Op 04315),...
Patterson v. Meta: No Products‑Liability Workaround to Section 230; Algorithmic Recommendation Is a Protected Editorial Function (and Alternatively First‑Amendment‑Protected)

Patterson v. Meta: No Products‑Liability Workaround to Section 230; Algorithmic Recommendation Is a Protected Editorial Function (and Alternatively First‑Amendment‑Protected)

Date: Jul 26, 2025
Patterson v. Meta: No Products‑Liability Workaround to Section 230; Algorithmic Recommendation Is a Protected Editorial Function (and Alternatively First‑Amendment‑Protected) Introduction This...
Fourth Department Clarifies PLCAA Boundaries: Aftermarket Magazine Locks Are “Component Parts,” But New York’s Deceptive Marketing Statutes (GBL §§ 349–350) And Aiding-and-Abetting SAFE Act Violations Can Trigger the Predicate Exception

Fourth Department Clarifies PLCAA Boundaries: Aftermarket Magazine Locks Are “Component Parts,” But New York’s Deceptive Marketing Statutes (GBL §§ 349–350) And Aiding-and-Abetting SAFE Act Violations Can Trigger the Predicate Exception

Date: Jul 26, 2025
Fourth Department Clarifies PLCAA Boundaries: Aftermarket Magazine Locks Are “Component Parts,” But New York’s Deceptive Marketing Statutes (GBL §§ 349–350) And Aiding-and-Abetting SAFE Act...
Refining Equivocal Self‑Representation Requests After People v Lewis: The Fourth Department’s Framework in People v Davis (2025)

Refining Equivocal Self‑Representation Requests After People v Lewis: The Fourth Department’s Framework in People v Davis (2025)

Date: Jul 26, 2025
Refining Equivocal Self‑Representation Requests After People v Lewis: The Fourth Department’s Framework in People v Davis (2025) Introduction People v. Davis (2025 NY Slip Op 04300) is a Fourth...
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