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comprehensive-interpretation-of-& Case Commentaries

No “Lucid Purpose” Filter: Delaware Supreme Court Re-Affirms the Low “Credible-Basis” Threshold Under 8 Del. C. § 220

No “Lucid Purpose” Filter: Delaware Supreme Court Re-Affirms the Low “Credible-Basis” Threshold Under 8 Del. C. § 220

Date: Jul 29, 2025
No “Lucid Purpose” Filter: Delaware Supreme Court Re-Affirms the Low “Credible-Basis” Threshold Under 8 Del. C. § 220 Introduction In Roberta Ann K.W. Wong Leung Revocable Trust U/A Dated 03/09/2018...
“Probing, Public & Particular” – The New Jersey Supreme Court’s Mandatory Protocol for Mid-Trial Juror-Misconduct Inquiries

“Probing, Public & Particular” – The New Jersey Supreme Court’s Mandatory Protocol for Mid-Trial Juror-Misconduct Inquiries

Date: Jul 27, 2025
“Probing, Public & Particular” – The New Jersey Supreme Court’s Mandatory Protocol for Mid-Trial Juror-Misconduct Inquiries 1. Introduction State v. Ebenezer Byrd; Jerry J. Spraulding; Gregory A....
“No Finality, No Appeal” – The Guam Supreme Court Confirms that a Dismissal Without Prejudice is Not Immediately Appealable by a Criminal Defendant

“No Finality, No Appeal” – The Guam Supreme Court Confirms that a Dismissal Without Prejudice is Not Immediately Appealable by a Criminal Defendant

Date: Jul 26, 2025
“No Finality, No Appeal” – The Guam Supreme Court Confirms that a Dismissal Without Prejudice is Not Immediately Appealable by a Criminal Defendant 1. Introduction The People of Guam v. Bruno Frankie...
“From Fixed-Term to At-Will”: Wyoming Supreme Court Declares Post-Term Family Partnerships At-Will and Subject to Automatic Dissolution on Partner Withdrawal

“From Fixed-Term to At-Will”: Wyoming Supreme Court Declares Post-Term Family Partnerships At-Will and Subject to Automatic Dissolution on Partner Withdrawal

Date: Jul 26, 2025
“From Fixed-Term to At-Will”: Wyoming Supreme Court Declares Post-Term Family Partnerships At-Will and Subject to Automatic Dissolution on Partner Withdrawal Introduction The Wyoming Supreme Court’s...
Mandatory Issue Exhaustion and the Serious-Nonpolitical-Crime Bar Extending to CAT Relief – Commentary on Anaya v. Bondi (2d Cir. 2025)

Mandatory Issue Exhaustion and the Serious-Nonpolitical-Crime Bar Extending to CAT Relief – Commentary on Anaya v. Bondi (2d Cir. 2025)

Date: Jul 26, 2025
Mandatory Issue Exhaustion and the Serious-Nonpolitical-Crime Bar Extending to CAT Relief – Commentary on Anaya v. Bondi (2d Cir. 2025) Introduction Anaya v. Bondi is a July 24, 2025 summary order of...
Aucacama-Azogue v. Bondi: Reaffirming the Nexus Parity and Government-Protection Thresholds in Asylum, Withholding, and CAT Claims

Aucacama-Azogue v. Bondi: Reaffirming the Nexus Parity and Government-Protection Thresholds in Asylum, Withholding, and CAT Claims

Date: Jul 26, 2025
Aucacama-Azogue v. Bondi: Reaffirming the Nexus Parity and Government-Protection Thresholds in Asylum, Withholding, and CAT Claims 1. Introduction Aucacama-Azogue v. Bondi is a 2025 summary order of...
“Rough Justice, Not Auditing Perfection” – The Second Circuit’s Robust Deference to District-Court Fee Awards under the IDEA

“Rough Justice, Not Auditing Perfection” – The Second Circuit’s Robust Deference to District-Court Fee Awards under the IDEA

Date: Jul 26, 2025
“Rough Justice, Not Auditing Perfection” – The Second Circuit’s Robust Deference to District-Court Fee Awards under the IDEA Introduction In Y.G. v. New York City Department of Education and eighteen...
Blecher v. Holy See — The “Mandatory-Compliance Shield”: When Following a Foreign Sovereign’s Policy Restores Immunity under the FSIA

Blecher v. Holy See — The “Mandatory-Compliance Shield”: When Following a Foreign Sovereign’s Policy Restores Immunity under the FSIA

Date: Jul 26, 2025
The “Mandatory-Compliance Shield”: Second Circuit Holds that Obedience to a Foreign Sovereign’s Policy Triggers the FSIA Discretionary Function Exclusion Introduction In Blecher v. Holy See, the...
“Good-Faith Reasonableness” Becomes the Test for Substantial-Justification under the IDEA Fee-Cap: A Commentary on N.G.B. v. New York City Department of Education (2d Cir. 2025)

“Good-Faith Reasonableness” Becomes the Test for Substantial-Justification under the IDEA Fee-Cap: A Commentary on N.G.B. v. New York City Department of Education (2d Cir. 2025)

Date: Jul 26, 2025
“Good-Faith Reasonableness” Becomes the Test for Substantial-Justification Under the IDEA’s Attorneys’-Fees Cap A Detailed Commentary on N.G.B. v. New York City Department of Education, 2d Cir., 2025...
“From Use-Based to Evidence-Based Nexus”: Second Circuit Re-calibrates Probable-Cause Requirements for Digital-Device Warrants

“From Use-Based to Evidence-Based Nexus”: Second Circuit Re-calibrates Probable-Cause Requirements for Digital-Device Warrants

Date: Jul 26, 2025
“From Use-Based to Evidence-Based Nexus”: United States v. Silva (2d Cir. 2025) and the New Standard for Cell-Phone Search Warrants 1. Introduction United States v. Silva marks the Second Circuit’s...
“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,...
“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...
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...
“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...
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