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first-circuit-reinforces-first-amendment-protections-for-secret-audio-recording-of-police-in-public:-interpretation-of-massachusetts& Case Commentaries
Eleventh Circuit Clarifies Act-By-Act Westfall Analysis and Reaffirms Broad Judicial Immunity 1. Introduction In Jonathan Mullane v. Federico A. Moreno, the Eleventh Circuit confronted a kaleidoscope...
“No Diligence, No Amendment” — The Eleventh Circuit’s Firm Re-affirmation of Rule 72(a) Waiver and Rule 16(b) Good-Cause Requirements in John Oirya v. Mando America Corporation 1. Introduction The...
Overcoming Statutory Grandparent Placement Preference: Continuity of Care and Child Welfare in In re A.H. & G.H. Introduction In the Supreme Court of Appeals of West Virginia’s memorandum decision In...
Stringent Mootness Standard for Voluntary Cessation of University Speech Policies Introduction The United States Court of Appeals for the Fifth Circuit in Speech First v. McCall (No. 23-50633, 2025)...
Restricting Federal Review of State Court Judgments: Rooker‐Feldman and State‐Actor Boundaries in Civil Rights Litigation Introduction The appeal in Swenson I v. Vedder (3d Cir. No. 24-2652, 2025)...
Clarifying “Some Harm” as an Adverse Employment Action Under the ADEA: McCrorey v. City of Philadelphia Introduction John McCrorey, a 61-year-old lieutenant in the Philadelphia Police Department’s...
“Lis Pendens versus Good-Faith Foreclosure Purchaser” – The New Rule from Yesmin v. Aliobaba, LLC 1. Introduction Yesmin v. Aliobaba, LLC, 2025 NY Slip Op 02964, presented the New York Appellate...
Williams v. Levine: Elevating XLIF to Accepted Neurosurgical Practice and Tightening Expert-Affidavit Standards on Summary Judgment Introduction In Williams v. Levine, 2025 NY Slip Op 02962, the...
Weekes v. Tishman Technologies Corp.: Construction-Manager Liability and Ancillary Scaffold Removal under New York Labor Law §240(1) I. Introduction In Weekes v. Tishman Technologies Corporation, 238...
“A Legal Nullity Without Leave” – Raiola v. Roman Catholic Diocese of Brooklyn and the Dual Thresholds for (1) Adding New Defendants and (2) CPLR 3211(a)(7) Dismissals Introduction Raiola v. Roman...
“Harassment Is Not Fraud”: People v. Wilson and the Refined Standard for Intent to Defraud under N.Y. Penal Law § 175.10 Introduction People v. Wilson (2025 NY Slip Op 02940) arises from a modern...
Routine Services, Routine Fees: The Second Department’s Clarification on Compensation for Court-Appointed Accountants in Article 81 Guardianships Introduction Matter of Silda E.H. (Henderson), 238...
Presumption of Possession for Intestate Heirs – Canty v. Burns Reinforces the 10-Year Limitations Framework for Quiet-Title Actions Involving Void Deeds 1. Introduction Canty v. Burns (2025 NY Slip...
United States v. Woods: The Eleventh Circuit Re-Affirms the “Keene Statement” Harmless-Error Rule and Clarifies Single-Conspiracy Analysis in Pandemic-Relief Fraud Introduction United States v....
Negligent Supervision: Employer Liability for Employee Torts – Duty, Elements, and Scope Introduction This commentary examines the Supreme Court of Appeals of West Virginia’s decision in Camden-Clark...
Excluding the Arsonist from the Definition of “Occupied Structure” under A.R.S. § 13-1701(2) and § 13-1704 Introduction This case arises from a 2007 Christmas‐night fire that engulfed a pickup truck...
Limiting the “Capable-of-Repetition-Yet-Evading-Review” Exception in SEC No-Action Letter Appeals Introduction This case arises from a dispute between the National Center for Public Policy Research...
Judicial Discretion in Parental Income Determination and the Limits of Rule 60 Relief in Child Support Modifications Introduction David Martorano v. Melissa Mazzei f/k/a Melissa Martorano (2025 WY...
Oral Relocation Agreements and Double-Rent Liability: Atlasman v. Korol (2025) Clarifies Pleading Standards in Landlord–Tenant Disputes Introduction Background. In Atlasman v. Korol, the Appellate...
Turner v. Rocket Mortgage: The Eleventh Circuit Narrows “Shotgun Pleading” Dismissals and Affirms Escrow-Agent Fiduciary Duties Introduction Mark A. Turner, a Florida homeowner on a fixed income,...