first-circuit-reinforces-first-amendment-protections-for-secret-audio-recording-of-police-in-public:-interpretation-of-massachusetts& Case Commentaries

Eleventh Circuit Mandates Strict Particularity in Medicare Appeals Council Requests for Review under 42 C.F.R. § 405.1112(b)

Date: Aug 7, 2025

Eleventh Circuit Mandates Strict Particularity in Medicare Appeals Council Requests for Review under 42 C.F.R. § 405.1112(b) Introduction In Rehabilitation Hospital of Phenix City, LLC v. Secretary,...

The “Jackson Investigation Doctrine” – When an Employer’s Good-Faith, Employee-Requested Investigation Defeats Retaliation Claims

Date: Aug 7, 2025

The “Jackson Investigation Doctrine” Eleventh Circuit clarifies that discipline flowing from an employee-requested, good-faith investigation constitutes a legitimate, non-retaliatory basis for...

Clarifying Standing and Upholding Consent-Conditioned Rental Inspections: The Sixth Circuit’s Decision in Herschfus v. City of Oak Park (2025)

Date: Aug 7, 2025

Clarifying Standing and Upholding Consent-Conditioned Rental Inspections: The Sixth Circuit’s Decision in Herschfus v. City of Oak Park (2025) 1. Introduction In Brian H. Herschfus v. City of Oak...

“No Implied Release without Express Words”: Sixth Circuit Clarifies UCC § 9-315 and the Buyer-in-Ordinary-Course Defense in HBKY, LLC v. Elk River Export, LLC

Date: Aug 7, 2025

“No Implied Release without Express Words”: Sixth Circuit Clarifies UCC § 9-315 and the Buyer-in-Ordinary-Course Defense in HBKY, LLC v. Elk River Export, LLC I. Introduction HBKY, LLC v. Elk River...

The “Lowe Rule”: Impeachment-Only Hearsay Cannot Sustain an ELCRA Age-Discrimination Verdict

Date: Aug 7, 2025

The “Lowe Rule”: Impeachment-Only Hearsay Cannot Sustain an ELCRA Age-Discrimination Verdict Introduction Case: Kenneth James Lowe v. Walbro, LLC – United States Court of Appeals for the Sixth...

Sixth Circuit Clarifies Prosecutorial Absolute Immunity for Post-Charge Witness Preparation and Affirms Broad Release under Michigan’s WICA

Date: Aug 7, 2025

Sixth Circuit Clarifies Prosecutorial Absolute Immunity for Post-Charge Witness Preparation and Affirms Broad Release under Michigan’s WICA Introduction In Larry Smith v. Wayne County, Michigan, No....

“One Ignored Complaint Is Enough” – The Sixth Circuit’s Dual Ruling on Excessive-Force Handcuffing and Michigan Gross-Negligence Immunity

Date: Aug 7, 2025

“One Ignored Complaint Is Enough” – The Sixth Circuit’s Dual Ruling on Excessive-Force Handcuffing and Michigan Gross-Negligence Immunity Introduction Sherrell King v. City of Lincoln Park, Mich.,...

“No Accident in Self-Defense”: Sixth Circuit Clarifies that Intentional Self-Defense Shootings Are Not “Occurrences” Under Michigan Homeowner Policies

Date: Aug 7, 2025

“No Accident in Self-Defense”: Sixth Circuit Clarifies that Intentional Self-Defense Shootings Are Not “Occurrences” Under Michigan Homeowner Policies 1. Introduction State Farm Fire & Casualty Co....

Express Severance “Cancellation of All Prior Agreements” Clauses Extinguish Trailing Commission Rights and Bar Later Contract Claims: Commentary on Wagschal v. Ecconergy (2025 NY Slip Op 04595)

Date: Aug 7, 2025

Express Severance “Cancellation of All Prior Agreements” Clauses Extinguish Trailing Commission Rights and Bar Later Contract Claims: Commentary on Wagschal v. Ecconergy (2025 NY Slip Op 04595)...

People v. Lloyd F.: Second Department sets a stringent “extraordinary circumstances” bar under CPL 722.23(1)(d) for retaining adolescent-offender cases in the Youth Part

Date: Aug 7, 2025

People v. Lloyd F.: Second Department sets a stringent “extraordinary circumstances” bar under CPL 722.23(1)(d) for retaining adolescent-offender cases in the Youth Part Introduction In People v....

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

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

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”

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

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

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.

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

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

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

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....

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