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

Rhode Island Supreme Court Affirms Six-Year Limitation on All Executions, Including Replacement Pluries Executions – Commentary on Capital Video Corp. v. Bevilacqua (2025)

Rhode Island Supreme Court Affirms Six-Year Limitation on All Executions, Including Replacement Pluries Executions – Commentary on Capital Video Corp. v. Bevilacqua (2025)

Date: Jul 24, 2025
Rhode Island Supreme Court Affirms Six-Year Limitation on All Executions, Including Replacement Pluries Executions Capital Video Corporation v. Joseph A. Bevilacqua, No. 2023-244 (R.I. Jul. 22, 2025)...
“From Leniency to Liability” –  Zajradhara v. Northern Marianas College (2025 MP 4) and the Supreme Court’s New Standard for Declaring Pro-Se Parties Vexatious Litigants

“From Leniency to Liability” – Zajradhara v. Northern Marianas College (2025 MP 4) and the Supreme Court’s New Standard for Declaring Pro-Se Parties Vexatious Litigants

Date: Jul 24, 2025
“From Leniency to Liability” – Zajradhara v. Northern Marianas College (2025 MP 4) and the Supreme Court’s New Standard for Declaring Pro-Se Parties Vexatious Litigants 1. Introduction In Zajradhara...
State v. Hernandez-Peralta: Limiting Padilla — No Constitutional Duty to Investigate Citizenship Beyond the Client’s Own Answer

State v. Hernandez-Peralta: Limiting Padilla — No Constitutional Duty to Investigate Citizenship Beyond the Client’s Own Answer

Date: Jul 24, 2025
State v. Hernandez-Peralta (2025): “No Independent Duty to Verify Citizenship” — A New Limit on Padilla Obligations for Sentencing Counsel 1. Introduction In State v. Juan C. Hernandez-Peralta, the...
Local Governments May Classify Elected Officials as Part-Time Employees for Health-Insurance Purposes — A Commentary on Perry County, Indiana, et al. v. Keith D. Huck

Local Governments May Classify Elected Officials as Part-Time Employees for Health-Insurance Purposes — A Commentary on Perry County, Indiana, et al. v. Keith D. Huck

Date: Jul 24, 2025
Local Governments May Classify Elected Officials as Part-Time Employees for Health-Insurance Purposes: Commentary on Perry County, Indiana; Board of Commissioners, et al. v. Keith D. Huck, Supreme...

        Inflation-Adjusted Replacement-Cost Damages Plus Pre-Judgment Interest Do
        Not Constitute Double Recovery – 11th Cir. Clarifies Waiver and Damage
        Principles in Central Baptist Church v. Church Mutual (2025)

Inflation-Adjusted Replacement-Cost Damages Plus Pre-Judgment Interest Do Not Constitute Double Recovery – 11th Cir. Clarifies Waiver and Damage Principles in Central Baptist Church v. Church Mutual (2025)

Date: Jul 24, 2025
Inflation-Adjusted Replacement-Cost Damages Plus Pre-Judgment Interest Do Not Constitute Double Recovery Central Baptist Church of Albany, Georgia Inc. v. Church Mutual Insurance Co., 22-11082 (11th...

Eleventh Circuit Clarifies “Scrivener’s Error,” Continuing-Violation Limits, and Comparator Standards in Federal Employment Litigation – Commentary on Joseph Jimenez v. Acting U.S. Attorney General

Eleventh Circuit Clarifies “Scrivener’s Error,” Continuing-Violation Limits, and Comparator Standards in Federal Employment Litigation – Commentary on Joseph Jimenez v. Acting U.S. Attorney General

Date: Jul 24, 2025
Eleventh Circuit Clarifies “Scrivener’s Error,” Continuing-Violation Limits, and Comparator Standards in Federal Employment Litigation Commentary on Joseph Jimenez v. Acting U.S. Attorney General,...
Voluntary Demolition Forecloses Dimensional Variance: Commentary on RH McLeod Family LLC v. Westerly Zoning Board of Review (R.I. 2025)

Voluntary Demolition Forecloses Dimensional Variance: Commentary on RH McLeod Family LLC v. Westerly Zoning Board of Review (R.I. 2025)

Date: Jul 24, 2025
Voluntary Demolition Forecloses Dimensional Variance: RH McLeod Family LLC & 4 Spray Rock, LLC v. Westerly Zoning Board of Review (R.I. 2025) 1. Introduction In this consolidated certiorari...
“No Romance, No Inference”: State v. Threadgill and the Refined Standard for When Consent Must Be Charged

“No Romance, No Inference”: State v. Threadgill and the Refined Standard for When Consent Must Be Charged

Date: Jul 24, 2025
“No Romance, No Inference”: State v. Threadgill and the Refined Standard for When Consent Must Be Charged 1. Introduction In State v. Larry Threadgill, No. 2023-23-C.A. (R.I. July 18 2025), the Rhode...
Reaffirming the “More-Than-Mere-Inconvenience” Test: Commentary on Watch Hill Fire District v. Westerly Zoning Board of Review (R.I. 2025)

Reaffirming the “More-Than-Mere-Inconvenience” Test: Commentary on Watch Hill Fire District v. Westerly Zoning Board of Review (R.I. 2025)

Date: Jul 24, 2025
Reaffirming the “More-Than-Mere-Inconvenience” Test for Dimensional Variances: A Comprehensive Commentary on Watch Hill Fire District v. Westerly Zoning Board of Review, 330 A.3d ___ (R.I. 2025) I....
Self-Inflicted Compliance Costs Are Not “Concrete Injuries”: Nelson v. Experian and the Eleventh Circuit’s New Limitation on Article III Standing under the FCRA

Self-Inflicted Compliance Costs Are Not “Concrete Injuries”: Nelson v. Experian and the Eleventh Circuit’s New Limitation on Article III Standing under the FCRA

Date: Jul 24, 2025
Self-Inflicted Compliance Costs Are Not “Concrete Injuries”: The Eleventh Circuit Redefines Article III Standing for Undisclosed Credit-File Errors in Jessica Nelson v. Experian Information Solutions...
Cunningham v. Cunningham (2025):  Rule 11 Sanctions for Improper Attempts to Alter an Incorporated-but-Not-Merged Marital Settlement Agreement

Cunningham v. Cunningham (2025): Rule 11 Sanctions for Improper Attempts to Alter an Incorporated-but-Not-Merged Marital Settlement Agreement

Date: Jul 24, 2025
Cunningham v. Cunningham (R.I. 2025): Supreme Court Affirms Family Court’s Power to Impose Rule 11 Sanctions and Attorneys’ Fees for Motions Seeking Unauthorized Modification of an...
Notice-Recipient Designations in Reverse Mortgages Impute Knowledge to the Lender: Second Department narrows CPLR 306‑b “interest of justice” extensions for heir defendants

Notice-Recipient Designations in Reverse Mortgages Impute Knowledge to the Lender: Second Department narrows CPLR 306‑b “interest of justice” extensions for heir defendants

Date: Jul 24, 2025
Notice-Recipient Designations in Reverse Mortgages Impute Knowledge to the Lender: Second Department narrows CPLR 306‑b “interest of justice” extensions for heir defendants Introduction In OneWest...
“Every Civil Claim” Means Every: Second Department Holds CPLR 214‑j (Adult Survivors Act) Revives Claims Despite Prior Dismissal for Lack of Personal Jurisdiction

“Every Civil Claim” Means Every: Second Department Holds CPLR 214‑j (Adult Survivors Act) Revives Claims Despite Prior Dismissal for Lack of Personal Jurisdiction

Date: Jul 24, 2025
“Every Civil Claim” Means Every: Second Department Holds CPLR 214‑j (Adult Survivors Act) Revives Claims Despite Prior Dismissal for Lack of Personal Jurisdiction Introduction Esposito v. Isaac (2025...
Neutral-Principles Discovery of Clergy Files in Child Victims Act Litigation: Limits of Religious and Counseling Privileges and Preservation of Attorney-Client/Work-Product Protections — Commentary on S.E. v. Diocese of Brooklyn (2025 NY Slip Op 04228)

Neutral-Principles Discovery of Clergy Files in Child Victims Act Litigation: Limits of Religious and Counseling Privileges and Preservation of Attorney-Client/Work-Product Protections — Commentary on S.E. v. Diocese of Brooklyn (2025 NY Slip Op 04228)

Date: Jul 24, 2025
Neutral-Principles Discovery of Clergy Files in Child Victims Act Litigation: Limits of Religious and Counseling Privileges and Preservation of Attorney-Client/Work-Product Protections Introduction...
No-Proof Delay Damages in Arbitration Vacated as Irrational: Second Department narrows damages without evidentiary basis and construes CPLR 7511(c) “miscalculation” narrowly

No-Proof Delay Damages in Arbitration Vacated as Irrational: Second Department narrows damages without evidentiary basis and construes CPLR 7511(c) “miscalculation” narrowly

Date: Jul 24, 2025
No-Proof Delay Damages in Arbitration Vacated as Irrational: Second Department narrows damages without evidentiary basis and construes CPLR 7511(c) “miscalculation” narrowly Introduction In Matter of...
No Commission Without Procuring Cause Absent Unequivocal “Exclusive Right” Language in Financing Brokerage Agreements: Commentary on Angelic Real Estate, LLC v. Aurora Properties, LLC (2025 NY Slip Op 04223)

No Commission Without Procuring Cause Absent Unequivocal “Exclusive Right” Language in Financing Brokerage Agreements: Commentary on Angelic Real Estate, LLC v. Aurora Properties, LLC (2025 NY Slip Op 04223)

Date: Jul 24, 2025
No Commission Without Procuring Cause Absent Unequivocal “Exclusive Right” Language in Financing Brokerage Agreements Commentary on Angelic Real Estate, LLC v. Aurora Properties, LLC (2025 NY Slip Op...
Late-Stage Discovery Cannot Expand Theories; No Labor Law Liability Without Supervisory Control — Commentary on Novegil-Peralta v. Rettig (2025 NY Slip Op 04255)

Late-Stage Discovery Cannot Expand Theories; No Labor Law Liability Without Supervisory Control — Commentary on Novegil-Peralta v. Rettig (2025 NY Slip Op 04255)

Date: Jul 24, 2025
Late-Stage Discovery Cannot Expand Theories; No Labor Law Liability Without Supervisory Control — Novegil-Peralta v. Rettig (2025 NY Slip Op 04255) Court: Appellate Division of the Supreme Court,...
CPLR 205(a) Strictly Applied: Default Dismissals Terminate Immediately; Refiling by Unappointed Estate Representative and Late Service Cannot Invoke the Savings Statute

CPLR 205(a) Strictly Applied: Default Dismissals Terminate Immediately; Refiling by Unappointed Estate Representative and Late Service Cannot Invoke the Savings Statute

Date: Jul 24, 2025
CPLR 205(a) Strictly Applied: Default Dismissals Terminate Immediately; Refiling by Unappointed Estate Representative and Late Service Cannot Invoke the Savings Statute Introduction In Ellis v....
Origis USA v. Great American Insurance: Reconciling “No-Action” Clauses with Advancement Duties in Indemnity-Only D&O Policies

Origis USA v. Great American Insurance: Reconciling “No-Action” Clauses with Advancement Duties in Indemnity-Only D&O Policies

Date: Jul 24, 2025
Origis USA v. Great American Insurance: Reconciling “No-Action” Clauses with Advancement Duties in Indemnity-Only D&O Policies 1. Introduction In Origis USA LLC v. Great American Insurance Co., No....
Interlocutory Foreclosure Orders and Lis Pendens Cancellations Are Not “Final Judgments” for Res Judicata: Commentary on Nationstar Mortgage, LLC v. Davis (2025 NY Slip Op 04253)

Interlocutory Foreclosure Orders and Lis Pendens Cancellations Are Not “Final Judgments” for Res Judicata: Commentary on Nationstar Mortgage, LLC v. Davis (2025 NY Slip Op 04253)

Date: Jul 24, 2025
Interlocutory Foreclosure Orders and Lis Pendens Cancellations Are Not “Final Judgments” for Res Judicata: Commentary on Nationstar Mortgage, LLC v. Davis (2025 NY Slip Op 04253) Introduction This...
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