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defining-direct-and-derivative-claims:-delaware&amp Case Commentaries

Third Circuit Holds Section 1782 Petitions Are Not “Civil Actions” Under FAA § 4, So Arbitration Cannot Be Compelled From the § 1782 Docket

Third Circuit Holds Section 1782 Petitions Are Not “Civil Actions” Under FAA § 4, So Arbitration Cannot Be Compelled From the § 1782 Docket

Date: Oct 27, 2025
Third Circuit Holds Section 1782 Petitions Are Not “Civil Actions” Under FAA § 4, So Arbitration Cannot Be Compelled From the § 1782 Docket Note: The opinion is designated “Not Precedential,” but...
Arzamendi v. Hegseth: Rescission of Federal Vaccine Mandate Does Not Moot Damages Claims; Religious Accommodation Pleadings Must Specifically Tie Beliefs to Testing/Masking Protocols

Arzamendi v. Hegseth: Rescission of Federal Vaccine Mandate Does Not Moot Damages Claims; Religious Accommodation Pleadings Must Specifically Tie Beliefs to Testing/Masking Protocols

Date: Oct 27, 2025
Arzamendi v. Hegseth: Rescission of Federal Vaccine Mandate Does Not Moot Damages Claims; Religious Accommodation Pleadings Must Specifically Tie Beliefs to Testing/Masking Protocols Introduction In...
Common‑Area Visibility as the “Additional Nexus” for Proving Knowledge of Firearms in Joint‑Occupancy § 924(c) Cases

Common‑Area Visibility as the “Additional Nexus” for Proving Knowledge of Firearms in Joint‑Occupancy § 924(c) Cases

Date: Oct 27, 2025
Common‑Area Visibility as the “Additional Nexus” for Proving Knowledge of Firearms in Joint‑Occupancy § 924(c) Cases United States v. Aaric Murray and Richard Kirkland Johnson, No. 23‑4328 & 23‑4331...
United States v. Johnson (4th Cir. 2025): Circumstantial Proof of Firearm Knowledge in Jointly Occupied Homes Suffices for § 924(c) Aiding-and-Abetting

United States v. Johnson (4th Cir. 2025): Circumstantial Proof of Firearm Knowledge in Jointly Occupied Homes Suffices for § 924(c) Aiding-and-Abetting

Date: Oct 27, 2025
United States v. Johnson (4th Cir. 2025): Circumstantial Proof of Firearm Knowledge in Jointly Occupied Homes Suffices for § 924(c) Aiding-and-Abetting Court: U.S. Court of Appeals for the Fourth...
Hall v. Nassau County: Standing for Systemic Tax-Assessment Challenges and Venue Transfer for Countywide Juror Interest

Hall v. Nassau County: Standing for Systemic Tax-Assessment Challenges and Venue Transfer for Countywide Juror Interest

Date: Oct 27, 2025
Hall v. Nassau County: Standing for Systemic Tax-Assessment Challenges and Venue Transfer for Countywide Juror Interest Court: Appellate Division of the Supreme Court, Second Department (Barros,...
Second Department Clarifies Limits on Trial Subpoenas in Fiduciary Accountings and Reaffirms Prudent‑Investor Deference for Intra‑Family Trust/GRAT Transactions

Second Department Clarifies Limits on Trial Subpoenas in Fiduciary Accountings and Reaffirms Prudent‑Investor Deference for Intra‑Family Trust/GRAT Transactions

Date: Oct 27, 2025
Second Department Clarifies Limits on Trial Subpoenas in Fiduciary Accountings and Reaffirms Prudent‑Investor Deference for Intra‑Family Trust/GRAT Transactions Case: Matter of Cheryl LaBella...
Primary-Use Gatekeeping Under RPTL 420-a: Member-Only Social Functions Defeat Exemption Despite Cultural Mission

Primary-Use Gatekeeping Under RPTL 420-a: Member-Only Social Functions Defeat Exemption Despite Cultural Mission

Date: Oct 27, 2025
Primary-Use Gatekeeping Under RPTL 420-a: Member-Only Social Functions Defeat Exemption Despite Cultural Mission Case: Matter of Germania of Poughkeepsie, Inc. v. Town of Poughkeepsie Citation: 2025...
People v. Lewis: Protective Frisks Stop at the Pat‑Down; Federal Harmless‑Error Standard Requires New Trial on Robbery‑Related Counts

People v. Lewis: Protective Frisks Stop at the Pat‑Down; Federal Harmless‑Error Standard Requires New Trial on Robbery‑Related Counts

Date: Oct 27, 2025
People v. Lewis: Protective Frisks Stop at the Pat‑Down; Federal Harmless‑Error Standard Requires New Trial on Robbery‑Related Counts Introduction In People v. Lewis (2025 NY Slip Op 05823), the...
Slater v. Ichtertz: Res Ipsa Loquitur Permitted for Intraoperative Nerve Injury; No “Tensile‑Strength” Prerequisite for Med‑Mal Expert Opinions

Slater v. Ichtertz: Res Ipsa Loquitur Permitted for Intraoperative Nerve Injury; No “Tensile‑Strength” Prerequisite for Med‑Mal Expert Opinions

Date: Oct 25, 2025
Res Ipsa Loquitur Permitted for Intraoperative Nerve Injury; No “Tensile‑Strength” Prerequisite for Med‑Mal Expert Opinions Case: Slater v. Ichtertz, 320 Neb. 159 (Neb. Oct. 24, 2025) Court: Supreme...
No Per Se Office Disqualification When Prosecutor’s Relative Is a DHHS Witness: Conflicts Are Personal Under § 23-1205

No Per Se Office Disqualification When Prosecutor’s Relative Is a DHHS Witness: Conflicts Are Personal Under § 23-1205

Date: Oct 25, 2025
No Per Se Office Disqualification When Prosecutor’s Relative Is a DHHS Witness: Conflicts Are Personal Under § 23-1205 Introduction In State ex rel. Condon v. Braaten, 320 Neb. 214 (Neb. Oct. 24,...
No Presumption of Credit for Time Under Temporary Suspension: Nebraska Supreme Court Disbars Elected County Attorney for Misuse of Office and Repeated DUIs

No Presumption of Credit for Time Under Temporary Suspension: Nebraska Supreme Court Disbars Elected County Attorney for Misuse of Office and Repeated DUIs

Date: Oct 25, 2025
No Presumption of Credit for Time Under Temporary Suspension: Nebraska Supreme Court Disbars Elected County Attorney for Misuse of Office and Repeated DUIs Introduction In State ex rel. Counsel for...
Illinois Supreme Court Clarifies: A Certificate of Innocence Requires Proving Innocence of Every Offense Charged—Including Nol-Prossed Counts from Plea Deals

Illinois Supreme Court Clarifies: A Certificate of Innocence Requires Proving Innocence of Every Offense Charged—Including Nol-Prossed Counts from Plea Deals

Date: Oct 25, 2025
Certificates of Innocence Now Require Proof of Innocence of Every Offense Charged—even Nol-Prossed Counts Executive Summary In People v. Reed, 2025 IL 130595 (Ill. Oct. 23, 2025), the Illinois...
No APA Deference for OPA Liability; Third-Party Admiralty Claims Trigger § 1292(a)(3): The First Circuit’s Framework in United States v. Ernst Jacob GmbH & Co. KG

No APA Deference for OPA Liability; Third-Party Admiralty Claims Trigger § 1292(a)(3): The First Circuit’s Framework in United States v. Ernst Jacob GmbH & Co. KG

Date: Oct 25, 2025
No APA Deference for OPA Liability; Third-Party Admiralty Claims Trigger § 1292(a)(3): The First Circuit’s Framework in United States v. Ernst Jacob GmbH & Co. KG Court: United States Court of...
Superadded Psychological Torment Counts: Justice Sotomayor’s Dissent in Boyd v. Hamm and the Future of Nitrogen Hypoxia Under the Eighth Amendment

Superadded Psychological Torment Counts: Justice Sotomayor’s Dissent in Boyd v. Hamm and the Future of Nitrogen Hypoxia Under the Eighth Amendment

Date: Oct 25, 2025
Superadded Psychological Torment Counts: Justice Sotomayor’s Dissent in Boyd v. Hamm and the Future of Nitrogen Hypoxia Under the Eighth Amendment Case: Boyd v. Hamm, 607 U.S. ___ (2025), No. 25A457...
Harmless Overstatement of Supervised Release and Enforcement of Appeal Waivers in Anders Proceedings: United States v. Domingo Francisco‑Juan (7th Cir. 2025)

Harmless Overstatement of Supervised Release and Enforcement of Appeal Waivers in Anders Proceedings: United States v. Domingo Francisco‑Juan (7th Cir. 2025)

Date: Oct 25, 2025
Harmless Overstatement of Supervised Release and Enforcement of Appeal Waivers in Anders Proceedings: United States v. Domingo Francisco‑Juan (7th Cir. 2025) Introduction In United States v. Domingo...
Concurrent Supervised Release Terms and Harmless Rule 11 Misadvisement in an Anders Appeal

Concurrent Supervised Release Terms and Harmless Rule 11 Misadvisement in an Anders Appeal

Date: Oct 25, 2025
Concurrent Supervised Release Terms and Harmless Rule 11 Misadvisement in an Anders Appeal Introduction In United States v. Domingo Francisco-Juan (Nos. 24-1594 & 24-1595), the United States Court of...
Minimal Inference Reaffirmed: Coworker Allegations and Facially Neutral Acts May Form the “Mosaic” Supporting Title VII/NYSHRL Pleadings

Minimal Inference Reaffirmed: Coworker Allegations and Facially Neutral Acts May Form the “Mosaic” Supporting Title VII/NYSHRL Pleadings

Date: Oct 25, 2025
Minimal Inference Reaffirmed: Coworker Allegations and Facially Neutral Acts May Form the “Mosaic” Supporting Title VII/NYSHRL Pleadings Case: Brown v. Montefiore Health System, Inc., No. 24-3078-cv...
“Something More” Still Means More: Second Circuit Reaffirms Narrow Defamation Jurisdiction Under CPLR 302(a)(1) and Rejects Property-Based Hook Under 302(a)(4) for Third-Party USPS “Known Office of Publication”

“Something More” Still Means More: Second Circuit Reaffirms Narrow Defamation Jurisdiction Under CPLR 302(a)(1) and Rejects Property-Based Hook Under 302(a)(4) for Third-Party USPS “Known Office of Publication”

Date: Oct 25, 2025
“Something More” Still Means More: Second Circuit Reaffirms Narrow Defamation Jurisdiction Under CPLR 302(a)(1) and Rejects Property-Based Hook Under 302(a)(4) for Third-Party USPS “Known Office of...
“Outside the Heartland” in §924(c) Sentencing: Second Circuit Affirms Significant Upward Variances When Firearm Use Results in Homicide

“Outside the Heartland” in §924(c) Sentencing: Second Circuit Affirms Significant Upward Variances When Firearm Use Results in Homicide

Date: Oct 25, 2025
“Outside the Heartland” in §924(c) Sentencing: Second Circuit Affirms Significant Upward Variances When Firearm Use Results in Homicide Introduction In United States v. Ben-Jochannan (consolidated...
Harmless Guidelines Error under a Rule 11(c)(1)(C) Plea and “Self‑Evident” Justification for Alcohol‑Abstinence Conditions: United States v. Goins (2d Cir. 2025)

Harmless Guidelines Error under a Rule 11(c)(1)(C) Plea and “Self‑Evident” Justification for Alcohol‑Abstinence Conditions: United States v. Goins (2d Cir. 2025)

Date: Oct 25, 2025
Harmless Guidelines Error under a Rule 11(c)(1)(C) Plea and “Self‑Evident” Justification for Alcohol‑Abstinence Conditions: United States v. Goins (2d Cir. 2025) Note on precedential status: This is...
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