heightened-scrutiny-for-settlements-with-& Case Commentaries

Reaffirming Hearing Requirements for Rule 11 Sanctions and Mandatory AS 25.20.115 Findings; Written Orders Control “Shared Physical Custody” Under Rule 90.3

Date: Oct 10, 2025

Reaffirming Hearing Requirements for Rule 11 Sanctions and Mandatory AS 25.20.115 Findings; Written Orders Control “Shared Physical Custody” Under Rule 90.3 Note: This is a memorandum opinion and...

Holistic “Active Efforts” Under ICWA and the Effect of Parental Disappearance: Roger S. v. State of Alaska (Memorandum Opinion, Oct. 8, 2025)

Date: Oct 10, 2025

Holistic “Active Efforts” Under ICWA and the Effect of Parental Disappearance: Roger S. v. State of Alaska (Memorandum Opinion, Oct. 8, 2025) Note on precedential status: This is a memorandum opinion...

Prejudgment Interest Must Be Netted Against Interim Distributions When a Marital Business Is Awarded as of the Separation Date

Date: Oct 10, 2025

Prejudgment Interest Must Be Netted Against Interim Distributions When a Marital Business Is Awarded as of the Separation Date Case: Ryan A. Johnston v. Tiffany G. Adkins f/k/a Tiffany G. Johnston;...

No Civil Contempt Without an Unequivocal Mandate: Clarifying Valuation Orders, Attachments, Joinder, and Appendix Adequacy in Baran v. Mechel

Date: Oct 10, 2025

No Civil Contempt Without an Unequivocal Mandate: Clarifying Valuation Orders, Attachments, Joinder, and Appendix Adequacy in Baran v. Mechel Introduction This commentary examines the Appellate...

Survival Clauses and Post-Reconveyance Closings: Limits on the Merger Doctrine and Voluntary Payment Defense at the CPLR 3211 Stage

Date: Oct 10, 2025

Survival Clauses and Post-Reconveyance Closings: Limits on the Merger Doctrine and Voluntary Payment Defense at the CPLR 3211 Stage Introduction In Brooklyn Tabernacle v. Thor 180 Livingston, LLC,...

Plea in Satisfaction Bars §1983 Fabricated‑Evidence and Malicious Prosecution Claims; CPLR 4401 Judgment After Mistrial Permitted — Dawoodi v. City of New York

Date: Oct 10, 2025

Plea in Satisfaction Bars §1983 Fabricated‑Evidence and Malicious Prosecution Claims; CPLR 4401 Judgment After Mistrial Permitted — Dawoodi v. City of New York Introduction This commentary examines...

Equipment-Supplying Contractor’s Lack of Site Control Defeats Labor Law § 200 and § 241(6) Claims but Not Common-Law Negligence Under Espinal — DeMarco v. C.A.C. Industries, Inc.

Date: Oct 10, 2025

Equipment-Supplying Contractor’s Lack of Site Control Defeats Labor Law § 200 and § 241(6) Claims but Not Common-Law Negligence Under Espinal — DeMarco v. C.A.C. Industries, Inc. Introduction In...

Pleading in the Alternative Preserved at the 3211 Stage Absent a Conceded Contract; Veil-Piercing Requires Specific Wrongdoing: Commentary on Jobble, Inc. v. CF Alerts Corp.

Date: Oct 10, 2025

Pleading in the Alternative Preserved at the 3211 Stage Absent a Conceded Contract; Veil-Piercing Requires Specific Wrongdoing: Commentary on Jobble, Inc. v. CF Alerts Corp. Court: Appellate Division...

Kane v. Mount Pleasant: Second Department Broadly Applies CPLR 306-b’s “Interest of Justice” Standard to Excuse Multi‑Year Service Delay Where Defendants Had Immediate Notice and No Prejudice

Date: Oct 10, 2025

Kane v. Mount Pleasant: Second Department Broadly Applies CPLR 306-b’s “Interest of Justice” Standard to Excuse Multi‑Year Service Delay Where Defendants Had Immediate Notice and No Prejudice...

Preconstruction Assurances by Building Officials Can Create a Pleaded Special Duty: Kitt v. Incorporated Village of Babylon

Date: Oct 10, 2025

Preconstruction Assurances by Building Officials Can Create a Pleaded Special Duty: Kitt v. Incorporated Village of Babylon Court: Appellate Division, Second Department, New York Date: October 8,...

Prenuptial Forum Selection Clauses Do Not Supply Jurisdiction for Non-Agreement Claims; Estate-Centered Claims May Be Dismissed on Forum Non Conveniens: Commentary on Lesavoy v. Brady

Date: Oct 10, 2025

Prenuptial Forum Selection Clauses Do Not Supply Jurisdiction for Non-Agreement Claims; Estate-Centered Claims May Be Dismissed on Forum Non Conveniens Comprehensive Commentary on Lesavoy v. Brady,...

Second Department Clarifies Remedies for Municipal Fire District Employees: Civil Service Law § 75-b Is the Exclusive Whistleblower Path; Labor Law §§ 215 and 193 Inapplicable; One-Year Limit Applies and Non-District Entities Dismissed

Date: Oct 10, 2025

Second Department Clarifies Remedies for Municipal Fire District Employees: Civil Service Law § 75-b Is the Exclusive Whistleblower Path; Labor Law §§ 215 and 193 Inapplicable; One-Year Limit Applies...

Harmless Beyond a Reasonable Doubt: Eleventh Circuit Permits Sua Sponte Harmless-Error Review of Erlinger “Different Occasions” Violations

Date: Oct 10, 2025

Harmless Beyond a Reasonable Doubt: Eleventh Circuit Permits Sua Sponte Harmless-Error Review of Erlinger “Different Occasions” Violations Introduction In United States v. Samuel Storey (11th Cir....

Practical Location Without Mistake: Former Fence Fixes Boundary; Necessary Parties and Laches Narrowly Applied — Manieri v. Ebers (2d Dep’t 2025)

Date: Oct 10, 2025

Practical Location Without Mistake: Former Fence Fixes Boundary; Necessary Parties and Laches Narrowly Applied — Manieri v. Ebers (2d Dep’t 2025) Introduction In Manieri v. Ebers (2025 NY Slip Op...

Clear Title Through Federal Forfeiture: Lender’s Failure to Petition Under 21 U.S.C. § 853(n) Extinguishes Mortgage and Bars Foreclosure

Date: Oct 10, 2025

Clear Title Through Federal Forfeiture: Lender’s Failure to Petition Under 21 U.S.C. § 853(n) Extinguishes Mortgage and Bars Foreclosure Introduction In Midfirst Bank Federally Chartered Savings...

Sinclair v. City of New York: Interior–Exterior Location Mismatch in GML § 50‑e Notice Is a Substantive Defect Not Curable by § 50‑h; Amendment Must Be Denied on the Merits

Date: Oct 10, 2025

Sinclair v. City of New York: Interior–Exterior Location Mismatch in GML § 50‑e Notice Is a Substantive Defect Not Curable by § 50‑h; Amendment Must Be Denied on the Merits Court: Appellate Division,...

Reaffirming the SSI Application Prerequisite and SSR 18‑01p’s Threshold: Anthony v. Saul (2d Cir. 2025)

Date: Oct 10, 2025

Reaffirming the SSI Application Prerequisite and SSR 18‑01p’s Threshold: Anthony v. Saul (2d Cir. 2025) Note on precedential status: This is a Second Circuit Summary Order, which does not have...

Chapter 7 Trustee Not Bound by Debtor‑Only Adversary Judgments; Rule 3007 Objections Are Timely Absent Court Deadlines; Fraud-Based Veil Piercing Requires Intent at Contract Formation

Date: Oct 10, 2025

Chapter 7 Trustee Not Bound by Debtor‑Only Adversary Judgments; Rule 3007 Objections Are Timely Absent Court Deadlines; Fraud-Based Veil Piercing Requires Intent at Contract Formation Commentary on...

Enforcing Appeal Waivers Absent Government Breach: Government May Characterize Offense Conduct and Argue § 3553(a) Factors Within a Stipulated Guidelines Range

Date: Oct 10, 2025

Enforcing Appeal Waivers Absent Government Breach: Government May Characterize Offense Conduct and Argue § 3553(a) Factors Within a Stipulated Guidelines Range Case: United States v. Handler (2d...

Second Circuit Extends Honeycutt to § 981(a)(1)(C): Criminal Forfeiture Requires Personal Acquisition of Proceeds

Date: Oct 10, 2025

Second Circuit Extends Honeycutt to § 981(a)(1)(C): Criminal Forfeiture Requires Personal Acquisition of Proceeds Introduction In United States v. Elias, the U.S. Court of Appeals for the Second...

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