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comprehensive-interpretation-of-& Case Commentaries

Independent Knowledge of Alternatives Defeats Causation in Informed Consent: Kormusis v. Goldenberg (2025)

Independent Knowledge of Alternatives Defeats Causation in Informed Consent: Kormusis v. Goldenberg (2025)

Date: Jul 31, 2025
Independent Knowledge of Alternatives Defeats Causation in Informed Consent: Kormusis v. Goldenberg (2025) Introduction In Kormusis v. Goldenberg (2025 NY Slip Op 04462), the Appellate Division,...
Pillco v. 160 Dikeman St., LLC: Second Department Clarifies Admissibility of Mechanism-of-Injury Statements in Medical Records and Rejects a Per Se Requirement of Provider Testimony

Pillco v. 160 Dikeman St., LLC: Second Department Clarifies Admissibility of Mechanism-of-Injury Statements in Medical Records and Rejects a Per Se Requirement of Provider Testimony

Date: Jul 31, 2025
Mechanism-of-Injury Statements in Medical Records Are Admissible When Germane and Attributable to the Patient — No Per Se Requirement of Provider Testimony (Pillco v. 160 Dikeman St., LLC)...
Failure to Make a Youthful Offender Determination Renders a Post‑Rudolph Sentence “Invalid as a Matter of Law” and Is Correctable via CPL 440.20 Even Without a Direct Appeal

Failure to Make a Youthful Offender Determination Renders a Post‑Rudolph Sentence “Invalid as a Matter of Law” and Is Correctable via CPL 440.20 Even Without a Direct Appeal

Date: Jul 31, 2025
Failure to Make a Youthful Offender Determination Renders a Post‑Rudolph Sentence “Invalid as a Matter of Law” and Is Correctable via CPL 440.20 Even Without a Direct Appeal Introduction This...
Volitional Misrepresentation to an Out‑of‑State Court Warrants One‑Year Suspension: The Second Department’s Benchmark in Matter of Yu

Volitional Misrepresentation to an Out‑of‑State Court Warrants One‑Year Suspension: The Second Department’s Benchmark in Matter of Yu

Date: Jul 31, 2025
Volitional Misrepresentation to an Out‑of‑State Court Warrants One‑Year Suspension: The Second Department’s Benchmark in Matter of Yu This commentary analyzes Matter of Yu, 2025 NY Slip Op 04487 (App...
Individualized Review Required: Second Circuit Affirms First-Amendment Right of Public Access to Sentencing Memoranda and Exhibits

Individualized Review Required: Second Circuit Affirms First-Amendment Right of Public Access to Sentencing Memoranda and Exhibits

Date: Jul 30, 2025
Individualized Review Required: Second Circuit Affirms First-Amendment Right of Public Access to Sentencing Memoranda and Exhibits Introduction Lee v. Greenwood, No. 23-7432-cr (2d Cir. July 28,...
Clarifying Constructive Flight: The Second Circuit’s Totality-of-the-Circumstances Test for Fugitive Disentitlement – A Commentary on United States v. Bardakova (2025)

Clarifying Constructive Flight: The Second Circuit’s Totality-of-the-Circumstances Test for Fugitive Disentitlement – A Commentary on United States v. Bardakova (2025)

Date: Jul 30, 2025
Clarifying Constructive Flight: The Second Circuit’s Totality-of-the-Circumstances Test for Fugitive Disentitlement Comprehensive Commentary on United States v. Bardakova, 24-2038-cr (2d Cir. 2025)...
Reinforcing Federal Court Discretion Under the Declaratory Judgment Act in the Face of Conclusory Pleadings and Parallel State Proceedings – Commentary on Michael Miller v. County of Lancaster (3d Cir. 2025)

Reinforcing Federal Court Discretion Under the Declaratory Judgment Act in the Face of Conclusory Pleadings and Parallel State Proceedings – Commentary on Michael Miller v. County of Lancaster (3d Cir. 2025)

Date: Jul 30, 2025
Reinforcing Federal Court Discretion Under the Declaratory Judgment Act in the Face of Conclusory Pleadings and Parallel State Proceedings Commentary on Michael Miller v. County of Lancaster, No....
“Pro Bono Representation as Political Contribution”: The Fifth Circuit Clarifies Pre-Enforcement Standing and Immunity in Institute for Free Speech v. Johnson

“Pro Bono Representation as Political Contribution”: The Fifth Circuit Clarifies Pre-Enforcement Standing and Immunity in Institute for Free Speech v. Johnson

Date: Jul 30, 2025
“Pro Bono Representation as Political Contribution”: The Fifth Circuit Clarifies Pre-Enforcement Standing and Immunity in Institute for Free Speech v. Johnson 1. Introduction The United States Court...
“The Walton Standard” – Abuse-of-Discretion Review of Self-Representation in Supervised-Release Revocations

“The Walton Standard” – Abuse-of-Discretion Review of Self-Representation in Supervised-Release Revocations

Date: Jul 30, 2025
“The Walton Standard” – Abuse-of-Discretion Review of Self-Representation in Supervised-Release Revocations 1. Introduction United States v. Eric Arthur Walton, No. 23-4314 (4th Cir. Jul. 28, 2025),...
Post-Chevron Persuasive Deference & Transient Residency under SORNA: A Commentary on United States v. Jason Kokinda (4th Cir. 2025)

Post-Chevron Persuasive Deference & Transient Residency under SORNA: A Commentary on United States v. Jason Kokinda (4th Cir. 2025)

Date: Jul 30, 2025
Post-Chevron Persuasive Deference & Transient Residency under SORNA Comprehensive Commentary on United States v. Jason Kokinda, 4th Cir., 28 July 2025 1. Introduction United States v. Jason Kokinda...
Clarifying Risk Allocation in Appeal Waivers after Guideline Amendments – A Commentary on United States v. Tovis Richardson (4th Cir. 2025)

Clarifying Risk Allocation in Appeal Waivers after Guideline Amendments – A Commentary on United States v. Tovis Richardson (4th Cir. 2025)

Date: Jul 30, 2025
Clarifying Risk Allocation in Appeal Waivers after Guideline Amendments – A Commentary on United States v. Tovis Richardson (4th Cir. 2025) 1. Introduction The Fourth Circuit’s published decision in...
Representative-Taxpayer Doctrine and the Tax Injunction Act:  CO2 Committee v. Montezuma County (10th Cir. 2025)

Representative-Taxpayer Doctrine and the Tax Injunction Act: CO2 Committee v. Montezuma County (10th Cir. 2025)

Date: Jul 30, 2025
Representative-Taxpayer Doctrine and the Tax Injunction Act: CO2 Committee v. Montezuma County (10th Cir. 2025) 1. Introduction In CO2 Committee, Inc. v. Montezuma County, the United States Court of...
Ross v. Kracht (2025 UT 22) –  Immediate Appealability of District-Court Termination Orders under Utah Code § 78B-6-112(3)

Ross v. Kracht (2025 UT 22) – Immediate Appealability of District-Court Termination Orders under Utah Code § 78B-6-112(3)

Date: Jul 30, 2025
Ross v. Kracht (2025 UT 22) Immediate Appealability of District-Court Termination Orders under Utah Code § 78B-6-112(3) 1. Introduction Ross v. Kracht is a landmark decision of the Utah Supreme Court...
Implicit Remand and Mandatory Restitution: The Precedential Impact of State v. Blake (2025 UT 21)

Implicit Remand and Mandatory Restitution: The Precedential Impact of State v. Blake (2025 UT 21)

Date: Jul 30, 2025
Implicit Remand and Mandatory Restitution: The Precedential Impact of State v. Blake (2025 UT 21) Introduction In State v. Blake, the Utah Supreme Court resolved a recurrent procedural quandary: When...
“Spousal-Imputed Domicile” Survives Constitutional Review: Commentary on Tischmak v. Utah State Tax Commission, 2025 UT 24

“Spousal-Imputed Domicile” Survives Constitutional Review: Commentary on Tischmak v. Utah State Tax Commission, 2025 UT 24

Date: Jul 30, 2025
“Spousal-Imputed Domicile” Survives Constitutional Review: Commentary on Tischmak v. Utah State Tax Commission, 2025 UT 24 1. Introduction Utah’s Supreme Court, in Tischmak v. Utah State Tax...
United States v. Sims: Eleventh Circuit Solidifies “Crime-of-Violence” Status for Georgia Aggravated Assault and Clarifies Loss of Acceptance-of-Responsibility Credits for In-Custody Misconduct

United States v. Sims: Eleventh Circuit Solidifies “Crime-of-Violence” Status for Georgia Aggravated Assault and Clarifies Loss of Acceptance-of-Responsibility Credits for In-Custody Misconduct

Date: Jul 30, 2025
United States v. Sims: Eleventh Circuit Solidifies “Crime-of-Violence” Status for Georgia Aggravated Assault and Clarifies Loss of Acceptance-of-Responsibility Credits for In-Custody Misconduct...
Establishing Constructive Assent in Click-Wrap Agreements: Newton v. Experian Clarifies the Evidentiary Burden to Compel Arbitration

Establishing Constructive Assent in Click-Wrap Agreements: Newton v. Experian Clarifies the Evidentiary Burden to Compel Arbitration

Date: Jul 30, 2025
Establishing Constructive Assent in Click-Wrap Agreements: Newton v. Experian Information Solutions, Inc. I. Introduction The United States Court of Appeals for the Eleventh Circuit, in Laura Lane...
Eleventh Circuit Clarifies Limits on Dismissing “Shotgun Pleadings” with Prejudice: Re-Emphasising the Futility Standard for Pro Se Litigants

Eleventh Circuit Clarifies Limits on Dismissing “Shotgun Pleadings” with Prejudice: Re-Emphasising the Futility Standard for Pro Se Litigants

Date: Jul 30, 2025
Eleventh Circuit Clarifies Limits on Dismissing “Shotgun Pleadings” with Prejudice: Re-Emphasising the Futility Standard for Pro Se Litigants Introduction In Marc Dulcio v. Arcadis U.S. Inc., Nos....
“Generosity in Futility”: The Eleventh Circuit Narrows Dismissals-With-Prejudice After a Shotgun Pleading Finding

“Generosity in Futility”: The Eleventh Circuit Narrows Dismissals-With-Prejudice After a Shotgun Pleading Finding

Date: Jul 30, 2025
“Generosity in Futility” Eleventh Circuit Clarifies the Limits on Dismissing Claims With Prejudice After Finding a Shotgun Pleading Introduction The United States Court of Appeals for the Eleventh...
Finder’s Fee Exception Clarified: Eleventh Circuit Confirms Mere Introductions Do Not Trigger Broker Registration Requirements

Finder’s Fee Exception Clarified: Eleventh Circuit Confirms Mere Introductions Do Not Trigger Broker Registration Requirements

Date: Jul 30, 2025
Finder’s Fee Exception Clarified: Eleventh Circuit Confirms Mere Introductions Do Not Trigger Broker Registration Requirements Introduction Matthew Hayden v. Steven F. Urvan (11th Cir. July 28, 2025,...
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