establishing-& Case Commentaries

Unsecured Narcotics + Vulnerable Children: Prima Facie Abuse, Derivative Abuse, and Neglect; Venue Objections Are Waived if Not Timely Raised

Date: Oct 18, 2025

Unsecured Narcotics + Vulnerable Children: Prima Facie Abuse, Derivative Abuse, and Neglect; Venue Objections Are Waived if Not Timely Raised Introduction In Matter of N'Thai N. (Mali N.), 2025 NY...

Best Interests, Not Punishment: Third Department Confirms Flexible Relocation Analysis in Initial Custody Determinations and Treats Self-Help Relocation as a Factor, Not a Bar

Date: Oct 18, 2025

Best Interests, Not Punishment: Third Department Confirms Flexible Relocation Analysis in Initial Custody Determinations and Treats Self-Help Relocation as a Factor, Not a Bar Introduction In Matter...

Broad-Issue Notice Suffices and No Second OPMC Interview Required After Amended Charges Under Public Health Law § 230(10)(a)(iii)

Date: Oct 18, 2025

Broad-Issue Notice Suffices and No Second OPMC Interview Required After Amended Charges Under Public Health Law § 230(10)(a)(iii) Case: Matter of Weiner v. New York State Bd. for Professional Med....

No Inventory Search Without Lawful Impoundment: Third Department Suppresses Firearm and Reaffirms Good‑Faith Discovery Readiness in People v. Grandoit

Date: Oct 18, 2025

No Inventory Search Without Lawful Impoundment: Third Department Suppresses Firearm and Reaffirms Good‑Faith Discovery Readiness in People v. Grandoit Case: People v. Grandoit, 2025 NY Slip Op 05720...

People v. Rasul: CPL 440.10 Hearing Required on Nonrecord Conflict-of-Interest Allegations Involving Shared Practice and Coordinated Strategy

Date: Oct 18, 2025

People v. Rasul: CPL 440.10 Hearing Required on Nonrecord Conflict-of-Interest Allegations Involving Shared Practice and Coordinated Strategy Court: Appellate Division, Third Department, New York...

Molineux in the Interview Room: Prior-Act Admissions to Prove Intent Are Permissible, But Propensity-Laden Officer “Pattern” Statements Must Be Redacted

Date: Oct 18, 2025

Molineux in the Interview Room: Prior-Act Admissions to Prove Intent Are Permissible, But Propensity-Laden Officer “Pattern” Statements Must Be Redacted Introduction People v. Siciliano, 2025 NY Slip...

Not “Ordinary Course”: Post‑Commencement Transfers of Marital Property to a Newly Formed LLC Violate New York’s Automatic Orders; Monetary Equalization via Maintenance Arrears Approved

Date: Oct 18, 2025

Not “Ordinary Course”: Post‑Commencement Transfers of Marital Property to a Newly Formed LLC Violate New York’s Automatic Orders; Monetary Equalization via Maintenance Arrears Approved Introduction...

Willful Blindness Can Establish Scienter—But Not Here: Third Circuit Tightens Pleading for 10b‑5 Opinion, Diligence, and Omission Claims in Handal v. Innovative Industrial Properties

Date: Oct 18, 2025

Willful Blindness Can Establish Scienter—But Not Here: Third Circuit Tightens Pleading for 10b‑5 Opinion, Diligence, and Omission Claims in Handal v. Innovative Industrial Properties Introduction...

Full Faith and Credit to State Arbitrability Orders: Third Circuit Holds Pennsylvania Orders Compelling Arbitration Preclude Duplicative Federal Suits, and Federal Repackaging (RICO/Mail Fraud) Does Not Avoid Claim Preclusion

Date: Oct 18, 2025

Full Faith and Credit to State Arbitrability Orders: Third Circuit Holds Pennsylvania Orders Compelling Arbitration Preclude Duplicative Federal Suits, and Federal Repackaging (RICO/Mail Fraud) Does...

Reasonable-and-Realistic Time to Obtain Counsel: Third Circuit Vacates Removal Order Where IJ Denied Final Continuance Without Notice or Express Waiver

Date: Oct 18, 2025

Reasonable-and-Realistic Time to Obtain Counsel: Third Circuit Vacates Removal Order Where IJ Denied Final Continuance Without Notice or Express Waiver Introduction In Miguel Robles Corcuera v....

Imputed Corporate Knowledge and Waiver of Arbitrator-Partiality Challenges under the FAA: Apex Restoration DKI v. Rocca

Date: Oct 18, 2025

Imputed Corporate Knowledge and Waiver of Arbitrator-Partiality Challenges under the FAA Restore with Apex, Inc., d/b/a Apex Restoration DKI v. Zachary Rocca (Supreme Court of Alabama, Oct. 17, 2025)...

“Prove Incapacity at the Moment of Signing”: Alabama Supreme Court Reaffirms Apparent-Authority Standard for Nursing‑Home Arbitration Agreements

Date: Oct 18, 2025

“Prove Incapacity at the Moment of Signing”: Alabama Supreme Court Reaffirms Apparent-Authority Standard for Nursing‑Home Arbitration Agreements Introduction In Mobile Nursing and Rehabilitation...

Guideline Invariance Does Not Defeat Plea-Bargaining Prejudice: Third Circuit Requires § 2255 Hearing on Alleged “Career Offender” Misadvice

Date: Oct 17, 2025

Guideline Invariance Does Not Defeat Plea-Bargaining Prejudice: Third Circuit Requires § 2255 Hearing on Alleged “Career Offender” Misadvice Introduction In United States v. Reginald Stephens, the...

Belief vs. Practice: Fifth Circuit Clarifies Title VII Religion Claims, Tightens RLA Access, and Polices Injunctions and Civil Contempt

Date: Oct 17, 2025

Belief vs. Practice: Fifth Circuit Clarifies Title VII Religion Claims, Tightens RLA Access, and Polices Injunctions and Civil Contempt Introduction Carter v. Local 556 (5th Cir. 2025) arises from...

Carter v. Southwest Airlines: The Fifth Circuit Draws a Bright Line Between Belief- and Practice-Based Title VII Claims, Clarifies Union Liability for “Attempting to Cause” Discrimination, Narrows Post-Certification RLA Suits, and Polices Overbroad Injunctions and Punitive Civil Contempt

Date: Oct 17, 2025

Carter v. Southwest Airlines: The Fifth Circuit Draws a Bright Line Between Belief- and Practice-Based Title VII Claims, Clarifies Union Liability for “Attempting to Cause” Discrimination, Narrows...

Belief vs. Practice: Fifth Circuit Clarifies Title VII Religion Doctrine, Affirms Groff Without Retrial, and Vacates “Obey‑the‑Law” Injunctions in Carter v. Southwest

Date: Oct 17, 2025

Belief vs. Practice: Fifth Circuit Clarifies Title VII Religion Doctrine, Affirms Groff Without Retrial, and Vacates “Obey‑the‑Law” Injunctions in Carter v. Southwest Introduction In a sweeping...

Lay-Opinion Market-Rate Testimony Rejected and Pro Rata Setoff Allowed in Corporate Wind-Up: Fourth Circuit Affirms in All American Black Car Service, Inc. v. Gondal

Date: Oct 17, 2025

Lay-Opinion Market-Rate Testimony Rejected and Pro Rata Setoff Allowed in Corporate Wind-Up: Fourth Circuit Affirms in All American Black Car Service, Inc. v. Gondal Court: United States Court of...

Clarifying Rule 701’s Limits, Rejecting Ratification-by-Tax-Return, and Allowing Equity Setoff in Corporate Wind-Downs

Date: Oct 17, 2025

Clarifying Rule 701’s Limits, Rejecting Ratification-by-Tax-Return, and Allowing Equity Setoff in Corporate Wind-Downs Case: All American Black Car Service, Inc. v. Gondal (consolidated appeals Nos....

Good‑Faith Misinterpretation of Unsettled State Law Does Not Trigger § 1983 Liability: Fourth Circuit in Swart v. Miyares Channels Overdetention Claims to the Fourteenth Amendment

Date: Oct 17, 2025

Good‑Faith Misinterpretation of Unsettled State Law Does Not Trigger § 1983 Liability: Fourth Circuit in Swart v. Miyares Channels Overdetention Claims to the Fourteenth Amendment Introduction In...

Victim Identification Plus Corroborating Circumstances Suffice for Probable Cause; Unknown Omissions Do Not Vitiate Warrants — The Fourth Circuit’s Clarification in Moretti v. Thorsdottir

Date: Oct 17, 2025

Victim Identification Plus Corroborating Circumstances Suffice for Probable Cause; Unknown Omissions Do Not Vitiate Warrants — The Fourth Circuit’s Clarification in Moretti v. Thorsdottir...

Previous Next

establishing-& Case Commentaries

We use cookies to improve your experience