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comprehensive-interpretation-of-& Case Commentaries

Post‑Commencement CARES Act Stimulus Is Separate Property and Not Child Support: Commentary on Ricky SS. v. Christine SS. (2025 NY Slip Op 04602)

Post‑Commencement CARES Act Stimulus Is Separate Property and Not Child Support: Commentary on Ricky SS. v. Christine SS. (2025 NY Slip Op 04602)

Date: Aug 8, 2025
Post‑Commencement CARES Act Stimulus Is Separate Property and Not Child Support: The Third Department’s Clarification in Ricky SS. v. Christine SS. Case: Ricky SS. v. Christine SS. (2025 NY Slip Op...
Covenant Not to Execute ≠ Release: First Department Adopts Majority Rule Preserving Insurer’s Indemnity Exposure After Consent Judgment with Assignment

Covenant Not to Execute ≠ Release: First Department Adopts Majority Rule Preserving Insurer’s Indemnity Exposure After Consent Judgment with Assignment

Date: Aug 8, 2025
Covenant Not to Execute ≠ Release: First Department Adopts Majority Rule Preserving Insurer’s Indemnity Exposure After Consent Judgment with Assignment Introduction In Geiger v. Hudson Excess...
Mere-Continuation Successor Liability Can Reach Multiple Asset Purchasers at the Pleading Stage: Commentary on Avamer 57 Fee LLC v. Hunter Boot USA LLC (2025 NY Slip Op 04607)

Mere-Continuation Successor Liability Can Reach Multiple Asset Purchasers at the Pleading Stage: Commentary on Avamer 57 Fee LLC v. Hunter Boot USA LLC (2025 NY Slip Op 04607)

Date: Aug 8, 2025
Mere-Continuation Successor Liability Can Reach Multiple Asset Purchasers at the Pleading Stage Commentary on Avamer 57 Fee LLC v. Hunter Boot USA LLC (App Div, 1st Dept, Aug. 7, 2025) Executive...

        Streamlining the “Vexatious Litigator” Designation in Ohio:
        An Analysis of the Supreme Court’s 08 / 05 / 2025 Case Announcements (2025-Ohio-2749)

Streamlining the “Vexatious Litigator” Designation in Ohio: An Analysis of the Supreme Court’s 08 / 05 / 2025 Case Announcements (2025-Ohio-2749)

Date: Aug 7, 2025
Streamlining the “Vexatious Litigator” Designation in Ohio: An Analysis of the Supreme Court’s 08 / 05 / 2025 Case Announcements (2025-Ohio-2749) Introduction The Supreme Court of Ohio’s Case...
State v. Rushing (2025): Clarifying Fundamental-Error Review for Visible Restraints in Capital Sentencing

State v. Rushing (2025): Clarifying Fundamental-Error Review for Visible Restraints in Capital Sentencing

Date: Aug 7, 2025
State v. Rushing (2025): Clarifying Fundamental-Error Review for Visible Restraints in Capital Sentencing Introduction State of Arizona v. Jasper Phillip Rushing is the Arizona Supreme Court’s most...
Voluntary Dismissal No Longer a “Failure”: Wyoming Supreme Court Narrows the Savings Statute in Ellis v. Hiser (2025 WY 87)

Voluntary Dismissal No Longer a “Failure”: Wyoming Supreme Court Narrows the Savings Statute in Ellis v. Hiser (2025 WY 87)

Date: Aug 7, 2025
Voluntary Dismissal No Longer a “Failure”: Wyoming Supreme Court Narrows the Savings Statute in Ellis v. Hiser (2025 WY 87) Dianna Ellis, as Wrongful Death Representative for the Estate of Burke...
“No-Waiver Veto”: The Supreme Court of Montana Affirms an Absolute Parental Veto over ICWA Transfer Requests

“No-Waiver Veto”: The Supreme Court of Montana Affirms an Absolute Parental Veto over ICWA Transfer Requests

Date: Aug 7, 2025
“No-Waiver Veto”: The Supreme Court of Montana Affirms an Absolute Parental Veto over ICWA Transfer Requests Introduction In Matter of J.B., YINC, 2025 MT 170 (DA 24-0516), the Supreme Court of...
State v. Alford (2025 MT 171): Montana Supreme Court Affirms the Constitutionality of Mandatory Minimum Custodial Sentences for 4th-and-Subsequent DUI Offenses

State v. Alford (2025 MT 171): Montana Supreme Court Affirms the Constitutionality of Mandatory Minimum Custodial Sentences for 4th-and-Subsequent DUI Offenses

Date: Aug 7, 2025
State v. Alford (2025 MT 171): Montana Supreme Court Affirms the Constitutionality of Mandatory Minimum Custodial Sentences for 4th-and-Subsequent DUI Offenses 1. Introduction The Montana Supreme...
Montana Supreme Court Reaffirms Need for Notice and Hearing Before Trial-Court Determination of Ineffective Assistance

Montana Supreme Court Reaffirms Need for Notice and Hearing Before Trial-Court Determination of Ineffective Assistance

Date: Aug 7, 2025
Montana Supreme Court Reaffirms Need for Notice and Hearing Before Trial-Court Determination of Ineffective Assistance Introduction Case: State v. B. Kelsey (2025 MT 173N, DA 23-0230) – non-citable...
State v. Vaska (2025): Consolidating Reasonable-Time Probable-Cause Determinations and Re-Anchoring the “Ability-to-Pay” Rule for Criminal Fines

State v. Vaska (2025): Consolidating Reasonable-Time Probable-Cause Determinations and Re-Anchoring the “Ability-to-Pay” Rule for Criminal Fines

Date: Aug 7, 2025
State v. Vaska (Mont. 2025): Consolidating Reasonable-Time Probable-Cause Determinations and Re-Anchoring the “Ability-to-Pay” Rule for Criminal Fines 1. Introduction In State v. Harlan G. Vaska,...

        “Scrupulous & Meticulous”: The Montana Supreme Court’s Re-affirmation of
        Ability-to-Pay Findings and Accurate Credit for Time Served in State v. M. Sullivan

“Scrupulous & Meticulous”: The Montana Supreme Court’s Re-affirmation of Ability-to-Pay Findings and Accurate Credit for Time Served in State v. M. Sullivan

Date: Aug 7, 2025
“Scrupulous & Meticulous”: The Montana Supreme Court’s Re-affirmation of Ability-to-Pay Findings and Accurate Credit for Time Served in State v. M. Sullivan 1. Introduction The appeal in State v....
State v. Keech (2025): Revocation Sentences, Concurrent–Consecutive Designations, and the “Facial Illegality” Escape Hatch from Res Judicata

State v. Keech (2025): Revocation Sentences, Concurrent–Consecutive Designations, and the “Facial Illegality” Escape Hatch from Res Judicata

Date: Aug 7, 2025
State v. Keech (2025): Revocation Sentences, Concurrent–Consecutive Designations, and the “Facial Illegality” Escape Hatch from Res Judicata Introduction State v. Keech, 2025 MT 169, is a sweeping...
The Implicit-Abandonment Rule in Credibility Appeals: A Commentary on Chen v. Bondi (2d Cir. 2025)

The Implicit-Abandonment Rule in Credibility Appeals: A Commentary on Chen v. Bondi (2d Cir. 2025)

Date: Aug 7, 2025
The Implicit-Abandonment Rule in Credibility Appeals: How Chen v. Bondi Strengthens Border-Interview Evidence and Clarifies Pattern-or-Practice Proof 1. Introduction Chen v. Bondi, No. 23-6508 (2d...
“Substantively-the-Same” State Tort Claims Survive: Second Circuit Narrows HMTA Pre-emption in DCC Propane LLC v. KMT Enterprises, Inc.

“Substantively-the-Same” State Tort Claims Survive: Second Circuit Narrows HMTA Pre-emption in DCC Propane LLC v. KMT Enterprises, Inc.

Date: Aug 7, 2025
“Substantively-the-Same” State Tort Claims Survive: Second Circuit Narrows HMTA Pre-emption in DCC Propane LLC v. KMT Enterprises, Inc. 1. Introduction The United States Court of Appeals for the...
“Fairfield Sentry” and the Extraterritorial Safe-Harbor: The Second Circuit Extends § 546(e) to Foreign-Law and Common-Law Claims in Chapter 15 Proceedings

“Fairfield Sentry” and the Extraterritorial Safe-Harbor: The Second Circuit Extends § 546(e) to Foreign-Law and Common-Law Claims in Chapter 15 Proceedings

Date: Aug 7, 2025
“Fairfield Sentry” and the Extraterritorial Safe-Harbor: The Second Circuit Extends § 546(e) to Foreign-Law and Common-Law Claims in Chapter 15 Proceedings Introduction The decision in In re...
Higgins v. SSA: Eleventh Circuit Clarifies ALJ Discretion in Quantifying Off-Task Limits and Assessing Fibromyalgia Claims Under SSR 12-2p

Higgins v. SSA: Eleventh Circuit Clarifies ALJ Discretion in Quantifying Off-Task Limits and Assessing Fibromyalgia Claims Under SSR 12-2p

Date: Aug 7, 2025
Higgins v. Commissioner of Social Security Eleventh Circuit (2025) Introduction The Eleventh Circuit’s non-published decision in Melanie Higgins v. Commissioner of Social Security ushers in a...
Eleventh Circuit Mandates Strict Particularity in Medicare Appeals Council Requests for Review under 42 C.F.R. § 405.1112(b)

Eleventh Circuit Mandates Strict Particularity in Medicare Appeals Council Requests for Review under 42 C.F.R. § 405.1112(b)

Date: Aug 7, 2025
Eleventh Circuit Mandates Strict Particularity in Medicare Appeals Council Requests for Review under 42 C.F.R. § 405.1112(b) Introduction In Rehabilitation Hospital of Phenix City, LLC v. Secretary,...
The “Jackson Investigation Doctrine” – When an Employer’s Good-Faith, Employee-Requested Investigation Defeats Retaliation Claims

The “Jackson Investigation Doctrine” – When an Employer’s Good-Faith, Employee-Requested Investigation Defeats Retaliation Claims

Date: Aug 7, 2025
The “Jackson Investigation Doctrine” Eleventh Circuit clarifies that discipline flowing from an employee-requested, good-faith investigation constitutes a legitimate, non-retaliatory basis for...
Clarifying Standing and Upholding Consent-Conditioned Rental Inspections: The Sixth Circuit’s Decision in Herschfus v. City of Oak Park (2025)

Clarifying Standing and Upholding Consent-Conditioned Rental Inspections: The Sixth Circuit’s Decision in Herschfus v. City of Oak Park (2025)

Date: Aug 7, 2025
Clarifying Standing and Upholding Consent-Conditioned Rental Inspections: The Sixth Circuit’s Decision in Herschfus v. City of Oak Park (2025) 1. Introduction In Brian H. Herschfus v. City of Oak...

        “No Implied Release without Express Words”: Sixth Circuit Clarifies UCC § 9-315 and 
        the Buyer-in-Ordinary-Course Defense in HBKY, LLC v. Elk River Export, LLC

“No Implied Release without Express Words”: Sixth Circuit Clarifies UCC § 9-315 and the Buyer-in-Ordinary-Course Defense in HBKY, LLC v. Elk River Export, LLC

Date: Aug 7, 2025
“No Implied Release without Express Words”: Sixth Circuit Clarifies UCC § 9-315 and the Buyer-in-Ordinary-Course Defense in HBKY, LLC v. Elk River Export, LLC I. Introduction HBKY, LLC v. Elk River...
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