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ex-parte-yerger:-supreme-court& Case Commentaries

Moving Scaffolds Under Ceiling Obstacles: Unsecured Materials “Require Securing” — Second Department Revives Labor Law §§ 240(1) and 241(6) Claims and Negligence Against Subcontractor

Moving Scaffolds Under Ceiling Obstacles: Unsecured Materials “Require Securing” — Second Department Revives Labor Law §§ 240(1) and 241(6) Claims and Negligence Against Subcontractor

Date: Aug 7, 2025
Moving Scaffolds Under Ceiling Obstacles: Unsecured Materials “Require Securing” — Second Department Revives Labor Law §§ 240(1) and 241(6) Claims and Negligence Against Subcontractor Introduction...
Kirby v. Perkins: Delaware Supreme Court Clarifies Best-Interests Analysis and Limits Reliance on Third-Party Funding in School-Choice Custody Disputes

Kirby v. Perkins: Delaware Supreme Court Clarifies Best-Interests Analysis and Limits Reliance on Third-Party Funding in School-Choice Custody Disputes

Date: Aug 7, 2025
Kirby v. Perkins: Delaware Supreme Court Clarifies Best-Interests Analysis and Limits Reliance on Third-Party Funding in School-Choice Custody Disputes 1. Introduction Kirby v. Perkins, Supreme Court...
No Personal Jurisdiction Needed to Domesticate Sister‑State Judgments in New York: Cadlerock Joint Venture, L.P. v. Simms

No Personal Jurisdiction Needed to Domesticate Sister‑State Judgments in New York: Cadlerock Joint Venture, L.P. v. Simms

Date: Aug 7, 2025
No Personal Jurisdiction Needed to Domesticate Sister‑State Judgments in New York Cadlerock Joint Venture, L.P. v. Simms (2025 NY Slip Op 04541), Appellate Division, Second Department Introduction...
COVID-19 Tolling Applies to the CPLR 205(a)/205-a Six-Month Savings Period in Foreclosure Actions; Dismissal for RPAPL 1306 Noncompliance Is Not “On the Merits”

COVID-19 Tolling Applies to the CPLR 205(a)/205-a Six-Month Savings Period in Foreclosure Actions; Dismissal for RPAPL 1306 Noncompliance Is Not “On the Merits”

Date: Aug 7, 2025
COVID-19 Tolling Applies to the CPLR 205(a)/205-a Six-Month Savings Period in Foreclosure Actions; Dismissal for RPAPL 1306 Noncompliance Is Not “On the Merits” Introduction This commentary examines...
Contractual Waiver of Resignation Challenges Does Not Extinguish Right to Seek Religious Accommodation Under DOE Vaccine Mandate

Contractual Waiver of Resignation Challenges Does Not Extinguish Right to Seek Religious Accommodation Under DOE Vaccine Mandate

Date: Aug 7, 2025
Contractual Waiver of Resignation Challenges Does Not Extinguish Right to Seek Religious Accommodation Under DOE Vaccine Mandate Case: Matter of LaBarbera v. New York City Department of Education,...
Imputing Counsel’s Repeated Neglect to the Client: Second Department Narrows “Interest‑of‑Justice” Vacatur and Enforces the One‑Year CPLR 5015(a)(1) Deadline

Imputing Counsel’s Repeated Neglect to the Client: Second Department Narrows “Interest‑of‑Justice” Vacatur and Enforces the One‑Year CPLR 5015(a)(1) Deadline

Date: Aug 7, 2025
Imputing Counsel’s Repeated Neglect to the Client: Second Department Narrows “Interest‑of‑Justice” Vacatur and Enforces the One‑Year CPLR 5015(a)(1) Deadline Introduction In Zlobec v. Bank of N.Y....
Closed A‑Frame Ladder Use, Speculative Lighting Claims, and Recurring Water: The Second Department’s Clarification of §§ 240(1), 241(6), and 200 in Araujo v. Monadnock Construction, Inc.

Closed A‑Frame Ladder Use, Speculative Lighting Claims, and Recurring Water: The Second Department’s Clarification of §§ 240(1), 241(6), and 200 in Araujo v. Monadnock Construction, Inc.

Date: Aug 7, 2025
Closed A‑Frame Ladder Use, Speculative Lighting Claims, and Recurring Water: The Second Department’s Clarification of §§ 240(1), 241(6), and 200 in Araujo v. Monadnock Construction, Inc. Introduction...
Coverage Denial as a Single Breach: Second Department Fixes Accrual at Disclaimer Date and Rejects Continuing‑Wrong Tolling for Excess Workers’ Compensation Policies

Coverage Denial as a Single Breach: Second Department Fixes Accrual at Disclaimer Date and Rejects Continuing‑Wrong Tolling for Excess Workers’ Compensation Policies

Date: Aug 7, 2025
Coverage Denial as a Single Breach: Second Department Fixes Accrual at Disclaimer Date and Rejects Continuing‑Wrong Tolling for Excess Workers’ Compensation Policies Introduction In New York Bus...
The Heckscher Specificity Rule: Under Court of Claims Act §11(b), an Insufficient “Place” Allegation Is a Jurisdictional Defect That Cannot Be Cured by Amendment, Cannot Be Treated as a Claim, and Does Not Extend Time to File

The Heckscher Specificity Rule: Under Court of Claims Act §11(b), an Insufficient “Place” Allegation Is a Jurisdictional Defect That Cannot Be Cured by Amendment, Cannot Be Treated as a Claim, and Does Not Extend Time to File

Date: Aug 7, 2025
The Heckscher Specificity Rule: Under Court of Claims Act §11(b), an Insufficient “Place” Allegation Is a Jurisdictional Defect That Cannot Be Cured by Amendment, Cannot Be Treated as a Claim, and...
“Foreseeability over Self-Defense” – Sixth Circuit Clarifies the Threshold for an “Occurrence” under Michigan Homeowner Policies

“Foreseeability over Self-Defense” – Sixth Circuit Clarifies the Threshold for an “Occurrence” under Michigan Homeowner Policies

Date: Aug 6, 2025
“Foreseeability over Self-Defense” – Sixth Circuit Clarifies the Threshold for an “Occurrence” under Michigan Homeowner Policies Introduction State Farm Fire & Casualty Co. v. Daniele Giannone, Nos....
United States v. Autry: Strengthening Judicial Discretion to Depart Upward for Category VI Offenders under U.S.S.G. § 4A1.3

United States v. Autry: Strengthening Judicial Discretion to Depart Upward for Category VI Offenders under U.S.S.G. § 4A1.3

Date: Aug 6, 2025
United States v. Autry: Strengthening Judicial Discretion to Depart Upward for Category VI Offenders under U.S.S.G. § 4A1.3 1. Introduction The Sixth Circuit’s unpublished decision in United States...
United States v. Moore: The Sixth Circuit’s Blueprint on Judicial Neutrality, Digital-Evidence Authentication, and Expert Qualifications

United States v. Moore: The Sixth Circuit’s Blueprint on Judicial Neutrality, Digital-Evidence Authentication, and Expert Qualifications

Date: Aug 6, 2025
United States v. Moore: The Sixth Circuit’s Blueprint on Judicial Neutrality, Digital-Evidence Authentication, and Expert Qualifications 1. Introduction In United States v. Marchello Moore (6th Cir.,...
United States v. Pancholi: Sixth Circuit Declares Bad-Faith Is NOT Required to Exclude Surprise Defense Witnesses

United States v. Pancholi: Sixth Circuit Declares Bad-Faith Is NOT Required to Exclude Surprise Defense Witnesses

Date: Aug 6, 2025
United States v. Pancholi: Sixth Circuit Declares Bad-Faith Is NOT Required to Exclude Surprise Defense Witnesses Introduction In United States v. Yogesh K. Pancholi, No. 24-1127 (Aug. 5, 2025), the...
Tenth Circuit Clarifies Relation-Back, Joinder, and Continuing-Violation Limits in Prisoner § 1983 Litigation – The “Amaro Rule”

Tenth Circuit Clarifies Relation-Back, Joinder, and Continuing-Violation Limits in Prisoner § 1983 Litigation – The “Amaro Rule”

Date: Aug 6, 2025
Tenth Circuit Clarifies Relation-Back, Joinder, and Continuing-Violation Limits in Prisoner § 1983 Litigation – The “Amaro Rule” Introduction Amaro v. New Mexico Corrections Department is a...
“The 15-Day Rule” for Protection Applications and Waiver by Inattention: A Commentary on Chavez-Govea v. Bondi (10th Cir. 2025)

“The 15-Day Rule” for Protection Applications and Waiver by Inattention: A Commentary on Chavez-Govea v. Bondi (10th Cir. 2025)

Date: Aug 6, 2025
“The 15-Day Rule” for Protection Applications and Waiver by Inattention: A Comprehensive Commentary on Chavez-Govea v. Bondi, 10th Cir. (2025) 1. Introduction Chavez-Govea v. Bondi is a precedential...
Signature Optional for Proof-of-Service in EOIR Electronic Filings – Commentary on Cortez v. Bondi

Signature Optional for Proof-of-Service in EOIR Electronic Filings – Commentary on Cortez v. Bondi

Date: Aug 6, 2025
Signature Optional for Proof-of-Service in EOIR Electronic Filings: A Detailed Commentary on Cortez v. Bondi, 67 F.4th ___ (10th Cir. 2025) 1. Introduction Background: Ana Sofia Cortez and her minor...
“Ellis Doctrine”: Evidentiary Objections Are Not Reviewable on Interlocutory Qualified-Immunity Appeals & District Courts Must Conduct Defendant-Specific “Clearly Established” Analyses

“Ellis Doctrine”: Evidentiary Objections Are Not Reviewable on Interlocutory Qualified-Immunity Appeals & District Courts Must Conduct Defendant-Specific “Clearly Established” Analyses

Date: Aug 6, 2025
Ellis v. Salt Lake City Corporation: The Tenth Circuit’s New Limits on Collateral-Order Review and a Reminder of Individualised “Clearly Established” Duties I. Introduction Ellis v. Salt Lake City...
Clarifying Rebuttal Standards under the Black Lung Benefits Act: 10th Circuit Bars Employer Evidence that Conflates Clinical and Legal Pneumoconiosis

Clarifying Rebuttal Standards under the Black Lung Benefits Act: 10th Circuit Bars Employer Evidence that Conflates Clinical and Legal Pneumoconiosis

Date: Aug 6, 2025
Clarifying Rebuttal Standards under the Black Lung Benefits Act: 10th Circuit Bars Employer Evidence that Conflates Clinical and Legal Pneumoconiosis 1. Introduction In Energy West Mining Company v....
“No Short-Circuiting Summary Judgment”:  Snyder v. Beam Technologies and the Tenth Circuit’s Twin Pronouncements on Trade-Secret Protection and Rule 702 Procedure

“No Short-Circuiting Summary Judgment”: Snyder v. Beam Technologies and the Tenth Circuit’s Twin Pronouncements on Trade-Secret Protection and Rule 702 Procedure

Date: Aug 6, 2025
“No Short-Circuiting Summary Judgment” – A Commentary on Snyder v. Beam Technologies, Inc., 134 F.4th 1078 (10th Cir. 2025) I. Introduction In Snyder v. Beam Technologies, the United States Court of...
“Rigorous Analysis” Re-defined: Seventh Circuit Demands Full Engagement with Expert Disputes at the Class-Certification Stage

“Rigorous Analysis” Re-defined: Seventh Circuit Demands Full Engagement with Expert Disputes at the Class-Certification Stage

Date: Aug 6, 2025
“Rigorous Analysis” Re-defined: Seventh Circuit Demands Full Engagement with Expert Disputes at the Class-Certification Stage 1. Introduction Arandell Corporation v. Xcel Energy Inc. is the latest...
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