ensuring-indictment-validity:-prosecutor&amp Case Commentaries

Preconstruction Assurances by Building Officials Can Create a Pleaded Special Duty: Kitt v. Incorporated Village of Babylon

Date: Oct 10, 2025

Preconstruction Assurances by Building Officials Can Create a Pleaded Special Duty: Kitt v. Incorporated Village of Babylon Court: Appellate Division, Second Department, New York Date: October 8,...

Prenuptial Forum Selection Clauses Do Not Supply Jurisdiction for Non-Agreement Claims; Estate-Centered Claims May Be Dismissed on Forum Non Conveniens: Commentary on Lesavoy v. Brady

Date: Oct 10, 2025

Prenuptial Forum Selection Clauses Do Not Supply Jurisdiction for Non-Agreement Claims; Estate-Centered Claims May Be Dismissed on Forum Non Conveniens Comprehensive Commentary on Lesavoy v. Brady,...

Second Department Clarifies Remedies for Municipal Fire District Employees: Civil Service Law § 75-b Is the Exclusive Whistleblower Path; Labor Law §§ 215 and 193 Inapplicable; One-Year Limit Applies and Non-District Entities Dismissed

Date: Oct 10, 2025

Second Department Clarifies Remedies for Municipal Fire District Employees: Civil Service Law § 75-b Is the Exclusive Whistleblower Path; Labor Law §§ 215 and 193 Inapplicable; One-Year Limit Applies...

Harmless Beyond a Reasonable Doubt: Eleventh Circuit Permits Sua Sponte Harmless-Error Review of Erlinger “Different Occasions” Violations

Date: Oct 10, 2025

Harmless Beyond a Reasonable Doubt: Eleventh Circuit Permits Sua Sponte Harmless-Error Review of Erlinger “Different Occasions” Violations Introduction In United States v. Samuel Storey (11th Cir....

Practical Location Without Mistake: Former Fence Fixes Boundary; Necessary Parties and Laches Narrowly Applied — Manieri v. Ebers (2d Dep’t 2025)

Date: Oct 10, 2025

Practical Location Without Mistake: Former Fence Fixes Boundary; Necessary Parties and Laches Narrowly Applied — Manieri v. Ebers (2d Dep’t 2025) Introduction In Manieri v. Ebers (2025 NY Slip Op...

Clear Title Through Federal Forfeiture: Lender’s Failure to Petition Under 21 U.S.C. § 853(n) Extinguishes Mortgage and Bars Foreclosure

Date: Oct 10, 2025

Clear Title Through Federal Forfeiture: Lender’s Failure to Petition Under 21 U.S.C. § 853(n) Extinguishes Mortgage and Bars Foreclosure Introduction In Midfirst Bank Federally Chartered Savings...

Sinclair v. City of New York: Interior–Exterior Location Mismatch in GML § 50‑e Notice Is a Substantive Defect Not Curable by § 50‑h; Amendment Must Be Denied on the Merits

Date: Oct 10, 2025

Sinclair v. City of New York: Interior–Exterior Location Mismatch in GML § 50‑e Notice Is a Substantive Defect Not Curable by § 50‑h; Amendment Must Be Denied on the Merits Court: Appellate Division,...

Reaffirming the SSI Application Prerequisite and SSR 18‑01p’s Threshold: Anthony v. Saul (2d Cir. 2025)

Date: Oct 10, 2025

Reaffirming the SSI Application Prerequisite and SSR 18‑01p’s Threshold: Anthony v. Saul (2d Cir. 2025) Note on precedential status: This is a Second Circuit Summary Order, which does not have...

Chapter 7 Trustee Not Bound by Debtor‑Only Adversary Judgments; Rule 3007 Objections Are Timely Absent Court Deadlines; Fraud-Based Veil Piercing Requires Intent at Contract Formation

Date: Oct 10, 2025

Chapter 7 Trustee Not Bound by Debtor‑Only Adversary Judgments; Rule 3007 Objections Are Timely Absent Court Deadlines; Fraud-Based Veil Piercing Requires Intent at Contract Formation Commentary on...

Enforcing Appeal Waivers Absent Government Breach: Government May Characterize Offense Conduct and Argue § 3553(a) Factors Within a Stipulated Guidelines Range

Date: Oct 10, 2025

Enforcing Appeal Waivers Absent Government Breach: Government May Characterize Offense Conduct and Argue § 3553(a) Factors Within a Stipulated Guidelines Range Case: United States v. Handler (2d...

Second Circuit Extends Honeycutt to § 981(a)(1)(C): Criminal Forfeiture Requires Personal Acquisition of Proceeds

Date: Oct 10, 2025

Second Circuit Extends Honeycutt to § 981(a)(1)(C): Criminal Forfeiture Requires Personal Acquisition of Proceeds Introduction In United States v. Elias, the U.S. Court of Appeals for the Second...

Demanding Cogent Reasons for BIA Clear-Error Reversals of CAT Grants: Villalta Martinez v. Bondi (2d Cir. 2025)

Date: Oct 10, 2025

Demanding Cogent Reasons for BIA Clear-Error Reversals of CAT Grants: Villalta Martinez v. Bondi (2d Cir. 2025) Introduction In Villalta Martinez v. Bondi, the United States Court of Appeals for the...

No Posthumous Payments Under IRA § 22007(e): Sixth Circuit Holds “Financial Assistance” Is Forward‑Looking and Limited to Living Farmers

Date: Oct 10, 2025

No Posthumous Payments Under IRA § 22007(e): Sixth Circuit Holds “Financial Assistance” Is Forward‑Looking and Limited to Living Farmers Introduction In Black Farmers & Agriculturalists Association...

Political Facebook Posts Framed as Opinions with Disclosed Basis Are Not Actionable as Defamation under Michigan Law: Lento Law Group, P.C. v. Lewis (6th Cir. 2025)

Date: Oct 10, 2025

Political Facebook Posts Framed as Opinions with Disclosed Basis Are Not Actionable as Defamation under Michigan Law: Lento Law Group, P.C. v. Lewis (6th Cir. 2025) Note: The opinion is “Not...

Issue Preclusion, Not Claim Preclusion, Controls Prior Standing Dismissals; New Self‑Censorship Facts Confer Standing to Challenge Discretionary Billboard Variances

Date: Oct 10, 2025

Issue Preclusion, Not Claim Preclusion, Controls Prior Standing Dismissals; New Self‑Censorship Facts Confer Standing to Challenge Discretionary Billboard Variances Introduction This Sixth Circuit...

DFR Claims Are Ripe After Termination—and Union Strategy Is Shielded by the RLA’s Major/Minor Framework

Date: Oct 10, 2025

DFR Claims Are Ripe After Termination—and Union Strategy Is Shielded by the RLA’s Major/Minor Framework Commentary on Kevin D. Wickstrom v. Air Line Pilots Association, International, No. 25-1036...

Title IX-Style Investigations Are Not Adverse Employment Actions Absent Material Change; “Honest Belief” and Comparator Rigor Defeat § 1981 Pretext Claims — Saud v. DePaul University (7th Cir. 2025)

Date: Oct 10, 2025

Title IX-Style Investigations Are Not Adverse Employment Actions Absent Material Change; “Honest Belief” and Comparator Rigor Defeat § 1981 Pretext Claims — Saud v. DePaul University (7th Cir. 2025)...

No Constitutional Right to External Agency Investigations: Fifth Circuit Upholds TCCO-Centered Grievance Channel for Civilly Committed SVPs

Date: Oct 10, 2025

No Constitutional Right to External Agency Investigations: Fifth Circuit Upholds TCCO-Centered Grievance Channel for Civilly Committed SVPs Introduction In Dunsmore v. Muth, No. 25-50047 (5th Cir....

No-Training-Whatsoever Pleading Suffices for Monell Liability in First Amendment Leafletting Cases at City-Owned Venues; Individual Officers and Private Guards Retain Qualified Immunity — Hershey v. City of Bossier City (5th Cir. 2025)

Date: Oct 10, 2025

No-Training-Whatsoever Pleading Suffices for Monell Liability in First Amendment Leafletting Cases at City-Owned Venues; Individual Officers and Private Guards Retain Qualified Immunity — Hershey v....

No Rational Basis to Exclude Business Entities From STR Permits: Fifth Circuit Partly Invalidates New Orleans’s Short‑Term Rental Regime and Narrows “Operator Residency” to Presence Only

Date: Oct 10, 2025

No Rational Basis to Exclude Business Entities From STR Permits: Fifth Circuit Partly Invalidates New Orleans’s Short‑Term Rental Regime and Narrows “Operator Residency” to Presence Only Case:...

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