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  • Commentaries
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interpreting-& Case Commentaries

Negligent Escrow Misappropriation and Failure to Reconcile Warrant Suspension Despite Remedial Steps: Commentary on Matter of Stutman (2025 NY Slip Op 04655)

Negligent Escrow Misappropriation and Failure to Reconcile Warrant Suspension Despite Remedial Steps: Commentary on Matter of Stutman (2025 NY Slip Op 04655)

Date: Aug 14, 2025
Negligent Escrow Misappropriation and Failure to Reconcile Warrant Suspension Despite Remedial Steps: Matter of Stutman Introduction Matter of Stutman (2025 NY Slip Op 04655) is a per curiam...
Tribal Courts Recognized as “Jurisdictions” for Reciprocal Discipline; Minnesota Clarifies the RLPR 12(d) Analysis and Rejects Comity Weighting — In re Martins

Tribal Courts Recognized as “Jurisdictions” for Reciprocal Discipline; Minnesota Clarifies the RLPR 12(d) Analysis and Rejects Comity Weighting — In re Martins

Date: Aug 14, 2025
Tribal Courts Recognized as “Jurisdictions” for Reciprocal Discipline; Minnesota Clarifies the RLPR 12(d) Analysis and Rejects Comity Weighting Introduction In In re Petition for Disciplinary Action...
Nonpayment of Binding Part 137 Fee Arbitration Awards as Professional Misconduct Under Rules 1.15(c)(4) and 8.4: Matter of O’Brien

Nonpayment of Binding Part 137 Fee Arbitration Awards as Professional Misconduct Under Rules 1.15(c)(4) and 8.4: Matter of O’Brien

Date: Aug 14, 2025
Nonpayment of Binding Part 137 Fee Arbitration Awards as Professional Misconduct Under Rules 1.15(c)(4) and 8.4: Matter of O’Brien Introduction In Matter of O’Brien (2025 NY Slip Op 04651), the...
Completion of Services Is Not Enough: Second Department Clarifies “Diligent Efforts” and the “Insight” Requirement in Permanent Neglect Terminations

Completion of Services Is Not Enough: Second Department Clarifies “Diligent Efforts” and the “Insight” Requirement in Permanent Neglect Terminations

Date: Aug 14, 2025
Completion of Services Is Not Enough: Second Department Clarifies “Diligent Efforts” and the “Insight” Requirement in Permanent Neglect Terminations Case: Matter of Benz G. (Nadia B.) — In the...
Supervisory Liability of Individual Clinicians Survives While Corporate Negligent Hiring Claims Fall Under Respondeat Superior: Commentary on Garcia v. Hollander (2025 NY Slip Op 04634)

Supervisory Liability of Individual Clinicians Survives While Corporate Negligent Hiring Claims Fall Under Respondeat Superior: Commentary on Garcia v. Hollander (2025 NY Slip Op 04634)

Date: Aug 14, 2025
Supervisory Liability of Individual Clinicians Survives While Corporate Negligent Hiring Claims Fall Under Respondeat Superior: Garcia v. Hollander (2025 NY Slip Op 04634) Introduction In Garcia v....
Lefors v. Lefors: Stacking Per‑Violation Civil Penalties and No Show‑Cause Requirement for Visitation-Order Sanctions Under SDCL 25‑4A‑5

Lefors v. Lefors: Stacking Per‑Violation Civil Penalties and No Show‑Cause Requirement for Visitation-Order Sanctions Under SDCL 25‑4A‑5

Date: Aug 14, 2025
Lefors v. Lefors: Stacking Per‑Violation Civil Penalties and No Show‑Cause Requirement for Visitation-Order Sanctions Under SDCL 25‑4A‑5 Introduction In Lefors v. Lefors, 2025 S.D. 46, the Supreme...
ERISA “Any Occupation” Denials: Eleventh Circuit Clarifies that Unsupported FCEs May Be Discounted, SSA Awards Are Non‑Dispositive, and Rule 52 Bench Decisions on Agreed Administrative Records Are Proper

ERISA “Any Occupation” Denials: Eleventh Circuit Clarifies that Unsupported FCEs May Be Discounted, SSA Awards Are Non‑Dispositive, and Rule 52 Bench Decisions on Agreed Administrative Records Are Proper

Date: Aug 14, 2025
ERISA “Any Occupation” Denials: Eleventh Circuit Clarifies that Unsupported FCEs May Be Discounted, SSA Awards Are Non‑Dispositive, and Rule 52 Bench Decisions on Agreed Administrative Records Are...
Encounter‑Specific EDTPA Immunity: Sapienza v. Tromba Clarifies the “Impact” Requirement and Reaffirms Non‑Retroactivity of EDTPA Repeal

Encounter‑Specific EDTPA Immunity: Sapienza v. Tromba Clarifies the “Impact” Requirement and Reaffirms Non‑Retroactivity of EDTPA Repeal

Date: Aug 14, 2025
Encounter‑Specific EDTPA Immunity: Sapienza v. Tromba Clarifies the “Impact” Requirement and Reaffirms Non‑Retroactivity of EDTPA Repeal Introduction Sapienza v. Tromba (2025 NY Slip Op 04672) is a...
Cooperative Corporations as “Owners” for Labor Law §§ 240(1) and 241(6): Proprietary-Lease Nexus Confirmed; Device-Quality Regulations (12 NYCRR 23-1.15, 23-1.16) Inapplicable When No Device Is Supplied

Cooperative Corporations as “Owners” for Labor Law §§ 240(1) and 241(6): Proprietary-Lease Nexus Confirmed; Device-Quality Regulations (12 NYCRR 23-1.15, 23-1.16) Inapplicable When No Device Is Supplied

Date: Aug 14, 2025
Cooperative Corporations as “Owners” for Labor Law §§ 240(1) and 241(6): Proprietary-Lease Nexus Confirmed; Device-Quality Regulations (12 NYCRR 23-1.15, 23-1.16) Inapplicable When No Device Is...
Including Children in Orders of Protection Requires Demonstrable Exposure or Endangerment: Second Department’s Clarification in Laura W. v. John U. (2025)

Including Children in Orders of Protection Requires Demonstrable Exposure or Endangerment: Second Department’s Clarification in Laura W. v. John U. (2025)

Date: Aug 14, 2025
Including Children in Orders of Protection Requires Demonstrable Exposure or Endangerment: Second Department’s Clarification in Laura W. v. John U. (2025) Court: Appellate Division, Second...
Preverdict Interest Under Minn. Stat. § 549.09: Settlement Offers Do Not Excuse the Two‑Year Commencement Rule; Interest Runs on the Net Judgment Excluding Collateral Sources

Preverdict Interest Under Minn. Stat. § 549.09: Settlement Offers Do Not Excuse the Two‑Year Commencement Rule; Interest Runs on the Net Judgment Excluding Collateral Sources

Date: Aug 14, 2025
Preverdict Interest Under Minn. Stat. § 549.09: Settlement Offers Do Not Excuse the Two‑Year Commencement Rule; Interest Runs on the Net Judgment Excluding Collateral Sources Introduction In Lee...
No Group Frisk Without Particularized Suspicion: Minnesota Supreme Court Clarifies Terry Limits in In re Welfare of C.T.B. (2025)

No Group Frisk Without Particularized Suspicion: Minnesota Supreme Court Clarifies Terry Limits in In re Welfare of C.T.B. (2025)

Date: Aug 14, 2025
No Group Frisk Without Particularized Suspicion: Minnesota Supreme Court Clarifies Terry Limits in In re Welfare of C.T.B. (2025) Introduction In In the Matter of the Welfare of: C.T.B., 24 N.W.3d...
Judicial Notice Has Limits: Eleventh Circuit Bars Reliance on NLRB Dismissal Reasoning at Rule 12(b)(6) and Holds Nepotism Allegations Plausibly State a Duty-of-Fair-Representation Claim

Judicial Notice Has Limits: Eleventh Circuit Bars Reliance on NLRB Dismissal Reasoning at Rule 12(b)(6) and Holds Nepotism Allegations Plausibly State a Duty-of-Fair-Representation Claim

Date: Aug 14, 2025
Judicial Notice Has Limits: Eleventh Circuit Bars Reliance on NLRB Dismissal Reasoning at Rule 12(b)(6) and Holds Nepotism Allegations Plausibly State a Duty-of-Fair-Representation Claim Introduction...
Settlement Allocution as Conclusive Documentary Evidence Defeating Post‑Settlement Malpractice Claims: Valentina v. Beckerman (2025)

Settlement Allocution as Conclusive Documentary Evidence Defeating Post‑Settlement Malpractice Claims: Valentina v. Beckerman (2025)

Date: Aug 14, 2025
Settlement Allocution as Conclusive Documentary Evidence Defeating Post‑Settlement Malpractice Claims: Valentina v. Beckerman Citation: Valentina v. Beckerman, 2025 NY Slip Op 04682 (App. Div. 2d...
CEEFPA Hardship Declarations Are Not an “Appearance”: Second Department Clarifies No Waiver of Personal Jurisdiction in Foreclosure Actions

CEEFPA Hardship Declarations Are Not an “Appearance”: Second Department Clarifies No Waiver of Personal Jurisdiction in Foreclosure Actions

Date: Aug 14, 2025
CEEFPA Hardship Declarations Are Not an “Appearance”: Second Department Clarifies No Waiver of Personal Jurisdiction in Foreclosure Actions Introduction In U.S. Bank Trust, N.A. v. Lane (2025 NY Slip...
Oversight Duties Defeat Common‑Law Indemnity and Contribution; Prime‑Contract Indemnity Does Not Flow Down Without Clear Incorporation — Town of Oyster Bay v. Peter Scalamandre & Sons, Inc. (2025 NY Slip Op 04679)

Oversight Duties Defeat Common‑Law Indemnity and Contribution; Prime‑Contract Indemnity Does Not Flow Down Without Clear Incorporation — Town of Oyster Bay v. Peter Scalamandre & Sons, Inc. (2025 NY Slip Op 04679)

Date: Aug 14, 2025
Oversight Duties Defeat Common‑Law Indemnity and Contribution; Prime‑Contract Indemnity Does Not Flow Down Without Clear Incorporation Case: Town of Oyster Bay v. Peter Scalamandre & Sons, Inc., 2025...
Functional Control at the Pleading Stage: New York’s Second Department Lowers the Barrier to Alleging Joint-Employer and Single-Enterprise Liability (Shujing Yu v. Mask Pot, Inc., 2025 NY Slip Op 04673)

Functional Control at the Pleading Stage: New York’s Second Department Lowers the Barrier to Alleging Joint-Employer and Single-Enterprise Liability (Shujing Yu v. Mask Pot, Inc., 2025 NY Slip Op 04673)

Date: Aug 14, 2025
Functional Control at the Pleading Stage: New York’s Second Department Lowers the Barrier to Alleging Joint-Employer and Single-Enterprise Liability Introduction In Shujing Yu v. Mask Pot, Inc. (2025...
Pre‑2019 NYSHRL Standards Reaffirmed; Legitimate Elimination of Administrative Stipends Defeats Gender Discrimination and Retaliation Claims — Commentary on Niemotko v. Mount Saint Mary College (2025 NY Slip Op 04658)

Pre‑2019 NYSHRL Standards Reaffirmed; Legitimate Elimination of Administrative Stipends Defeats Gender Discrimination and Retaliation Claims — Commentary on Niemotko v. Mount Saint Mary College (2025 NY Slip Op 04658)

Date: Aug 14, 2025
Pre‑2019 NYSHRL Standards Reaffirmed; Legitimate Elimination of Administrative Stipends Defeats Gender Discrimination and Retaliation Claims — Commentary on Niemotko v. Mount Saint Mary College (2025...
State v. Anderson: No Isomer Distinction—l‑Methamphetamine Is a Schedule II Substance; Broad Trial-Court Discretion Over Daubert Hearings and Expert Disclosures

State v. Anderson: No Isomer Distinction—l‑Methamphetamine Is a Schedule II Substance; Broad Trial-Court Discretion Over Daubert Hearings and Expert Disclosures

Date: Aug 14, 2025
State v. Anderson: No Isomer Distinction—l‑Methamphetamine Is a Schedule II Substance; Broad Trial-Court Discretion Over Daubert Hearings and Expert Disclosures Court: Supreme Court of South Dakota...
Anderson Industries v. Thermal Intelligence: Clarifying UCC Installment-Contract Breach and Flexible Contract Formation Under § 2-204

Anderson Industries v. Thermal Intelligence: Clarifying UCC Installment-Contract Breach and Flexible Contract Formation Under § 2-204

Date: Aug 14, 2025
Anderson Industries v. Thermal Intelligence: Clarifying UCC Installment-Contract Breach and Flexible Contract Formation Under § 2-204 Court: Supreme Court of South Dakota Citation: 2025 S.D. 47 Date:...
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