imputation-of-agent&amp Case Commentaries

Grand Jury’s Prerogative Over Witness Presentation: Neither Prosecutors Nor Defendants Have a Unilateral Right to Dictate In‑Person vs. Remote Testimony Before Oregon Grand Juries

Date: Oct 30, 2025

Grand Jury’s Prerogative Over Witness Presentation: Neither Prosecutors Nor Defendants Have a Unilateral Right to Dictate In‑Person vs. Remote Testimony Before Oregon Grand Juries Introduction In...

Hearing Required Where a Plea May Have Been Influenced by Counsel’s Predictions of Future Legal Change and a Conditional Third‑Party Payment: People v. Mower

Date: Oct 30, 2025

Hearing Required Where a Plea May Have Been Influenced by Counsel’s Predictions of Future Legal Change and a Conditional Third‑Party Payment Commentary on People v. Mower, 2025 NY Slip Op 05851 (App...

No Enhanced Sentence for an Unstated Restitution Condition: Third Department Orders Specific Performance of Plea in People v. Nestler

Date: Oct 30, 2025

No Enhanced Sentence for an Unstated Restitution Condition: Third Department Orders Specific Performance of Plea in People v. Nestler Introduction In People v. Nestler, 2025 NY Slip Op 05852 (App Div...

Part Performance at the Preliminary-Injunction Stage: Third Department Affirms Denial of Mandatory Relief Where the Parties’ Conduct Evidences Assent to a Lease Relocation

Date: Oct 30, 2025

Part Performance at the Preliminary-Injunction Stage: Third Department Affirms Denial of Mandatory Relief Where the Parties’ Conduct Evidences Assent to a Lease Relocation Introduction In R. Kelly...

CPLR 5001 Does Not Expand a Surety’s Liability Beyond the Bond: No Prejudgment Interest Under Payment Bonds Limited to “Labor, Materials, and Equipment”

Date: Oct 30, 2025

CPLR 5001 Does Not Expand a Surety’s Liability Beyond the Bond: No Prejudgment Interest Under Payment Bonds Limited to “Labor, Materials, and Equipment” Introduction In Stone Cast, Inc. v. Couch,...

Plain Meaning Over “Spirit”: Pennsylvania High Court Bars ARD Revocation for Pre‑Admission Conduct or Implied Conditions

Date: Oct 30, 2025

Plain Meaning Over “Spirit”: Pennsylvania High Court Bars ARD Revocation for Pre‑Admission Conduct or Implied Conditions Introduction In Commonwealth v. Jenkins, the Supreme Court of Pennsylvania...

Pennsylvania Supreme Court Confirms Home Inspection Law’s One‑Year Period Is a Statute of Repose Triggered by Report Delivery (Gidor v. Mangus)

Date: Oct 30, 2025

Pennsylvania Supreme Court Confirms Home Inspection Law’s One‑Year Period Is a Statute of Repose Triggered by Report Delivery Case: Gidor v. Mangus (Supreme Court of Pennsylvania, Western District,...

Pennsylvania Supreme Court Broadens MHPA Immunity to All Care During MHPA Admissions; Dissent Would Limit Immunity to Care That Facilitates Recovery from Mental Illness

Date: Oct 30, 2025

Pennsylvania Supreme Court Broadens MHPA Immunity to All Care During MHPA Admissions; Dissent Would Limit Immunity to Care That Facilitates Recovery from Mental Illness Introduction In Wunderly v....

Judges, Not Juries, Decide Criminal Statute-of-Limitations Disputes by a Preponderance Under Utah Code § 76-1-306

Date: Oct 30, 2025

Judges, Not Juries, Decide Criminal Statute-of-Limitations Disputes by a Preponderance Under Utah Code § 76-1-306 Introduction In State v. Smith, 2025 UT 45, the Utah Supreme Court addressed a...

Sheriffs Need Not Accept Warrantless Municipal Arrestees Absent Statute or Agreement: Custody–Jurisdiction Line Clarified in City of Birmingham v. Pettway

Date: Oct 29, 2025

Sheriffs Need Not Accept Warrantless Municipal Arrestees Absent Statute or Agreement: Custody–Jurisdiction Line Clarified in City of Birmingham v. Pettway Introduction In City of Birmingham v....

Mootness Bars Post‑Remand Declaratory Judgments: Alabama Supreme Court Requires Dismissal When Relief Is Afforded and Damages Are Barred — City of Orange Beach v. Boles (2025)

Date: Oct 29, 2025

Mootness Bars Post‑Remand Declaratory Judgments: Alabama Supreme Court Requires Dismissal When Relief Is Afforded and Damages Are Barred — City of Orange Beach v. Boles (2025) Introduction In City of...

Kolessar v. SJP: Alabama Supreme Court Bars Trial Courts from Ordering Receivers to Pay Pre‑Receivership Debts Without Respecting Creditor Priorities; Such Orders Are Appealable Injunctions

Date: Oct 29, 2025

Kolessar v. SJP: Alabama Supreme Court Bars Trial Courts from Ordering Receivers to Pay Pre‑Receivership Debts Without Respecting Creditor Priorities; Such Orders Are Appealable Injunctions...

“Toward Another” Under Iowa’s Assault Statute Does Not Require Pointing a Weapon: State v. Meisheid

Date: Oct 28, 2025

“Toward Another” Under Iowa’s Assault Statute Does Not Require Pointing a Weapon: State v. Meisheid Introduction In State of Iowa v. Matthew James Meisheid, the Iowa Supreme Court addressed whether a...

No Final Opinion Yet: The Disciplinary Case Against Mark E. Anderson Signals Strict Enforcement of MRPC 3.1, 3.5, and 8.4 for Abusive Litigation Conduct

Date: Oct 28, 2025

No Final Opinion Yet: The Disciplinary Case Against Mark E. Anderson Signals Strict Enforcement of MRPC 3.1, 3.5, and 8.4 for Abusive Litigation Conduct Introduction This commentary examines the...

Public Censure for a Single, Self‑Reported False Affidavit: Rhode Island Supreme Court Clarifies Sanction Factors under Rules 3.3 and 8.4

Date: Oct 28, 2025

Public Censure for a Single, Self‑Reported False Affidavit: Rhode Island Supreme Court Clarifies Sanction Factors under Rules 3.3 and 8.4 Introduction In In the Matter of Santiago H. Posas, No....

Ceccarelli v. Morgan Stanley: Second Circuit reiterates the Rooker-Feldman/Res Judicata divide in post-foreclosure TILA suits and requires without-prejudice jurisdictional dismissals

Date: Oct 28, 2025

Ceccarelli v. Morgan Stanley: Second Circuit reiterates the Rooker-Feldman/Res Judicata divide in post-foreclosure TILA suits and requires without-prejudice jurisdictional dismissals Introduction In...

Non‑Reserved Acceptance Triggers Inter‑Insurer Estoppel: Second Circuit Affirms Standing, Reliance, and Prejudice in Penn‑Star v. Dongbu

Date: Oct 28, 2025

Non‑Reserved Acceptance Triggers Inter‑Insurer Estoppel: Second Circuit Affirms Standing, Reliance, and Prejudice in Penn‑Star v. Dongbu Court: United States Court of Appeals for the Second Circuit...

Residential Storage Triggers the §2D1.1(b)(12) “Stash House” Enhancement; DWAI Always Counts in Criminal History Under Amended §4A1.2 cmt. n.5; Appeal Waiver Bars Fine Challenge — United States v. Luizzi (2d Cir. 2025 Summary Order)

Date: Oct 28, 2025

Residential Storage Triggers the §2D1.1(b)(12) “Stash House” Enhancement; DWAI Always Counts in Criminal History Under Amended §4A1.2 cmt. n.5; Appeal Waiver Bars Fine Challenge — United States v....

Second Circuit Reaffirms PLRA 150% Fee Cap and Declines “Mini En Banc” Reconsideration in Webb v. Trombley

Date: Oct 28, 2025

Second Circuit Reaffirms PLRA 150% Fee Cap and Declines “Mini En Banc” Reconsideration in Webb v. Trombley Introduction In Webb v. Trombley, No. 24-2582-pr (2d Cir. Oct. 24, 2025) (Summary Order),...

Second Circuit Confirms Constitutional Limit on Mandatory § 1226(c) Detention: Bond Hearing Required Once Detention Becomes Unreasonably Prolonged, With Government’s Clear-and-Convincing Burden

Date: Oct 28, 2025

Second Circuit Confirms Constitutional Limit on Mandatory § 1226(c) Detention: Bond Hearing Required Once Detention Becomes Unreasonably Prolonged, With Government’s Clear-and-Convincing Burden...

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