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first-circuit-reinforces-first-amendment-protections-for-secret-audio-recording-of-police-in-public:-interpretation-of-massachusetts& Case Commentaries
The “Brewster Rule”: Exceptions Remain a Mandatory Prerequisite to Appellate Review After the 2024 Amendments to Court of Chancery Rule 144 1. Introduction In In the Matter of Rolf D. Brewster, a...
People v. Goberdhan: VTL § 600 Applies Off‑Highway; Use of Juror Numbers/Initials Is Not a Mode‑of‑Proceedings Error Absent Objection Introduction This commentary examines the Appellate Division,...
People v. Reinfurt: Marijuana Legalization Does Not Retroactively Nullify Prior Out‑of‑State Marijuana Convictions for Second Felony Offender Status; Attempted Felony Assault under PL 120.10(4) Is...
Reaffirming the One-Continuous-Transaction Doctrine and the M’Naghten Insanity Standard in Capital Cases Comprehensive Commentary on Martez Abram a/k/a Martez Tarrell Abram v. State of Mississippi,...
Post‑Commencement CARES Act Stimulus Is Separate Property and Not Child Support: The Third Department’s Clarification in Ricky SS. v. Christine SS. Case: Ricky SS. v. Christine SS. (2025 NY Slip Op...
Covenant Not to Execute ≠ Release: First Department Adopts Majority Rule Preserving Insurer’s Indemnity Exposure After Consent Judgment with Assignment Introduction In Geiger v. Hudson Excess...
Mere-Continuation Successor Liability Can Reach Multiple Asset Purchasers at the Pleading Stage Commentary on Avamer 57 Fee LLC v. Hunter Boot USA LLC (App Div, 1st Dept, Aug. 7, 2025) Executive...
Streamlining the “Vexatious Litigator” Designation in Ohio: An Analysis of the Supreme Court’s 08 / 05 / 2025 Case Announcements (2025-Ohio-2749) Introduction The Supreme Court of Ohio’s Case...
State v. Rushing (2025): Clarifying Fundamental-Error Review for Visible Restraints in Capital Sentencing Introduction State of Arizona v. Jasper Phillip Rushing is the Arizona Supreme Court’s most...
Voluntary Dismissal No Longer a “Failure”: Wyoming Supreme Court Narrows the Savings Statute in Ellis v. Hiser (2025 WY 87) Dianna Ellis, as Wrongful Death Representative for the Estate of Burke...
“No-Waiver Veto”: The Supreme Court of Montana Affirms an Absolute Parental Veto over ICWA Transfer Requests Introduction In Matter of J.B., YINC, 2025 MT 170 (DA 24-0516), the Supreme Court of...
State v. Alford (2025 MT 171): Montana Supreme Court Affirms the Constitutionality of Mandatory Minimum Custodial Sentences for 4th-and-Subsequent DUI Offenses 1. Introduction The Montana Supreme...
Montana Supreme Court Reaffirms Need for Notice and Hearing Before Trial-Court Determination of Ineffective Assistance Introduction Case: State v. B. Kelsey (2025 MT 173N, DA 23-0230) – non-citable...
State v. Vaska (Mont. 2025): Consolidating Reasonable-Time Probable-Cause Determinations and Re-Anchoring the “Ability-to-Pay” Rule for Criminal Fines 1. Introduction In State v. Harlan G. Vaska,...
“Scrupulous & Meticulous”: The Montana Supreme Court’s Re-affirmation of Ability-to-Pay Findings and Accurate Credit for Time Served in State v. M. Sullivan 1. Introduction The appeal in State v....
State v. Keech (2025): Revocation Sentences, Concurrent–Consecutive Designations, and the “Facial Illegality” Escape Hatch from Res Judicata Introduction State v. Keech, 2025 MT 169, is a sweeping...
The Implicit-Abandonment Rule in Credibility Appeals: How Chen v. Bondi Strengthens Border-Interview Evidence and Clarifies Pattern-or-Practice Proof 1. Introduction Chen v. Bondi, No. 23-6508 (2d...
“Substantively-the-Same” State Tort Claims Survive: Second Circuit Narrows HMTA Pre-emption in DCC Propane LLC v. KMT Enterprises, Inc. 1. Introduction The United States Court of Appeals for the...
“Fairfield Sentry” and the Extraterritorial Safe-Harbor: The Second Circuit Extends § 546(e) to Foreign-Law and Common-Law Claims in Chapter 15 Proceedings Introduction The decision in In re...
Higgins v. Commissioner of Social Security Eleventh Circuit (2025) Introduction The Eleventh Circuit’s non-published decision in Melanie Higgins v. Commissioner of Social Security ushers in a...