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interpreting-& Case Commentaries

United States v. Sisney (10th Cir. 2025): Strict Enforcement of Plain-Error Briefing for Unpreserved Challenges to Supervised-Release Conditions

United States v. Sisney (10th Cir. 2025): Strict Enforcement of Plain-Error Briefing for Unpreserved Challenges to Supervised-Release Conditions

Date: Oct 2, 2025
United States v. Sisney (10th Cir. 2025): Strict Enforcement of Plain-Error Briefing for Unpreserved Challenges to Supervised-Release Conditions Introduction This commentary analyzes the Tenth...
Post-Rahimi Reaffirmation in the Tenth Circuit: § 922(g)(1) Remains Valid Against Nonviolent Felons; Sua Sponte Rulings Preserve Issues for Appeal

Post-Rahimi Reaffirmation in the Tenth Circuit: § 922(g)(1) Remains Valid Against Nonviolent Felons; Sua Sponte Rulings Preserve Issues for Appeal

Date: Oct 2, 2025
Post-Rahimi Reaffirmation in the Tenth Circuit: § 922(g)(1) Remains Valid Against Nonviolent Felons; Sua Sponte Rulings Preserve Issues for Appeal Introduction In this consolidated order and...
Tenth Circuit Adopts a Case-Specific Reading of 18 U.S.C. § 3283: Extended Limitations for Child Sexual Abuse Apply Without the Categorical Approach

Tenth Circuit Adopts a Case-Specific Reading of 18 U.S.C. § 3283: Extended Limitations for Child Sexual Abuse Apply Without the Categorical Approach

Date: Oct 2, 2025
Tenth Circuit Adopts a Case-Specific Reading of 18 U.S.C. § 3283: Extended Limitations for Child Sexual Abuse Apply Without the Categorical Approach Introduction In United States v. Tso, the Tenth...
No Pro Se Representation of Others and Heightened Gatekeeping of Extraordinary Writs: Commentary on the Supreme Court of Ohio’s October 1, 2025 Case Announcements

No Pro Se Representation of Others and Heightened Gatekeeping of Extraordinary Writs: Commentary on the Supreme Court of Ohio’s October 1, 2025 Case Announcements

Date: Oct 2, 2025
No Pro Se Representation of Others and Heightened Gatekeeping of Extraordinary Writs: Commentary on the Supreme Court of Ohio’s October 1, 2025 Case Announcements Introduction On October 1, 2025, the...
Waiver-Induced Mootness on Appeal: Sixth Circuit Dismisses NCAA’s Preliminary-Injunction Appeal and Declines Munsingwear Vacatur

Waiver-Induced Mootness on Appeal: Sixth Circuit Dismisses NCAA’s Preliminary-Injunction Appeal and Declines Munsingwear Vacatur

Date: Oct 2, 2025
Waiver-Induced Mootness on Appeal: Sixth Circuit Dismisses NCAA’s Preliminary-Injunction Appeal and Declines Munsingwear Vacatur Introduction This published Sixth Circuit decision arises from a...
Affirmance on Alternative Grounds: No State Action Under § 1983, Time-Barred Claims, and Kentucky Venue Control Despite Rooker-Feldman Misstep

Affirmance on Alternative Grounds: No State Action Under § 1983, Time-Barred Claims, and Kentucky Venue Control Despite Rooker-Feldman Misstep

Date: Oct 2, 2025
Affirmance on Alternative Grounds: No State Action Under § 1983, Time-Barred Claims, and Kentucky Venue Control Despite Rooker-Feldman Misstep Introduction In Alan Boyd Curtis v. Robyn Pauline...
Second Department Confirms Villages May Add MS4 Illicit-Discharge Cleanup Costs to the Tax Roll Without a Pre-Deprivation Hearing

Second Department Confirms Villages May Add MS4 Illicit-Discharge Cleanup Costs to the Tax Roll Without a Pre-Deprivation Hearing

Date: Oct 2, 2025
Second Department Confirms Villages May Add MS4 Illicit-Discharge Cleanup Costs to the Tax Roll Without a Pre-Deprivation Hearing Introduction Matter of Harbourview Realty, LLC v. Village of Roslyn...
Second Department Clarifies: LLC Law § 414 Does Not Permit Majority Removal of Member-Managers in Member-Managed LLCs Absent Express Contractual Authority

Second Department Clarifies: LLC Law § 414 Does Not Permit Majority Removal of Member-Managers in Member-Managed LLCs Absent Express Contractual Authority

Date: Oct 2, 2025
Second Department Clarifies: LLC Law § 414 Does Not Permit Majority Removal of Member-Managers in Member-Managed LLCs Absent Express Contractual Authority Case: Lengyel-Fushimi v. Bellis, 2025 NY...
No Duty Shift Without Proven Refusal: Conditional Consent Preserves Strict Liability Under NYC BC § 3309.4

No Duty Shift Without Proven Refusal: Conditional Consent Preserves Strict Liability Under NYC BC § 3309.4

Date: Oct 2, 2025
No Duty Shift Without Proven Refusal: Conditional Consent Preserves Strict Liability Under NYC BC § 3309.4 Introduction In K.K. Machine Co., Inc. v. Grillo, 2025 NY Slip Op 05225 (App Div, 2d Dept...
Course of Performance and Pandemic Rent Reductions Can Create Triable Issues of Oral Modification and Promissory Estoppel Despite No‑Oral‑Modification Clauses

Course of Performance and Pandemic Rent Reductions Can Create Triable Issues of Oral Modification and Promissory Estoppel Despite No‑Oral‑Modification Clauses

Date: Oct 2, 2025
Course of Performance and Pandemic Rent Reductions Can Create Triable Issues of Oral Modification and Promissory Estoppel Despite No‑Oral‑Modification Clauses Introduction In 2261 Realty, LLC v. Cai...
Section 9760(1) Requires Credit to the New Sentence for Pre‑Sentence Custody on a Probation Detainer When the Detainer Is Based on the Same Conduct as the New Charge: Commonwealth v. Phillips (Pa. 2025)

Section 9760(1) Requires Credit to the New Sentence for Pre‑Sentence Custody on a Probation Detainer When the Detainer Is Based on the Same Conduct as the New Charge: Commonwealth v. Phillips (Pa. 2025)

Date: Oct 2, 2025
Section 9760(1) Requires Credit to the New Sentence for Pre‑Sentence Custody on a Probation Detainer When the Detainer Is Based on the Same Conduct as the New Charge Commentary on Commonwealth v....
Conduct-Based Time Credit Under 42 Pa.C.S. § 9760(1): Pre‑Sentence Custody on a Probation Detainer Triggered by New‑Charge Conduct Must Be Credited to the New Sentence

Conduct-Based Time Credit Under 42 Pa.C.S. § 9760(1): Pre‑Sentence Custody on a Probation Detainer Triggered by New‑Charge Conduct Must Be Credited to the New Sentence

Date: Oct 2, 2025
Conduct-Based Time Credit Under 42 Pa.C.S. § 9760(1): Pre‑Sentence Custody on a Probation Detainer Triggered by New‑Charge Conduct Must Be Credited to the New Sentence Case: Commonwealth v. Phillips,...
Bypassing Batson Step One in Idaho: State v. Buck Clarifies Hernandez Mootness and Affirms Broad Trial-Court Discretion

Bypassing Batson Step One in Idaho: State v. Buck Clarifies Hernandez Mootness and Affirms Broad Trial-Court Discretion

Date: Oct 2, 2025
Bypassing Batson Step One in Idaho: State v. Buck Clarifies Hernandez Mootness and Affirms Broad Trial-Court Discretion Introduction In State v. Buck, the Idaho Supreme Court affirmed the conviction...
Clear-Error, Not De Novo: Sixth Circuit Clarifies Appellate Review for Perjury-Based §3C1.1 Enhancements and Upholds Digital-Device Search Condition Under Plain Error

Clear-Error, Not De Novo: Sixth Circuit Clarifies Appellate Review for Perjury-Based §3C1.1 Enhancements and Upholds Digital-Device Search Condition Under Plain Error

Date: Oct 2, 2025
Clear-Error, Not De Novo: Sixth Circuit Clarifies Appellate Review for Perjury-Based §3C1.1 Enhancements and Upholds Digital-Device Search Condition Under Plain Error Introduction In United States v....
Post–Loper Bright in the Eleventh Circuit: Perez‑Zenteno Factors Govern “Particular Social Group”; No Unsettled‑Caselaw Exception to Exhaustion for NTA Defects

Post–Loper Bright in the Eleventh Circuit: Perez‑Zenteno Factors Govern “Particular Social Group”; No Unsettled‑Caselaw Exception to Exhaustion for NTA Defects

Date: Oct 2, 2025
Post–Loper Bright in the Eleventh Circuit: Perez‑Zenteno Factors Govern “Particular Social Group”; No Unsettled‑Caselaw Exception to Exhaustion for NTA Defects Introduction In Esperanza Francisca...
United States v. Halls: A Generic Reference to “Standard Conditions” Is Not a Valid Pronouncement of Non‑Mandatory Supervised Release Terms

United States v. Halls: A Generic Reference to “Standard Conditions” Is Not a Valid Pronouncement of Non‑Mandatory Supervised Release Terms

Date: Oct 2, 2025
United States v. Halls: A Generic Reference to “Standard Conditions” Is Not a Valid Pronouncement of Non‑Mandatory Supervised Release Terms Second Circuit, Summary Order (Oct. 1, 2025). Panel: Judges...
No-Contest Clause Reaches Trust Benefits: Second Department Affirms Forfeiture for Probate Objections and Clarifies Delivery-Over-Recording Rule for Deeds to Trusts

No-Contest Clause Reaches Trust Benefits: Second Department Affirms Forfeiture for Probate Objections and Clarifies Delivery-Over-Recording Rule for Deeds to Trusts

Date: Oct 2, 2025
No-Contest Clause Reaches Trust Benefits: Second Department Affirms Forfeiture for Probate Objections and Clarifies Delivery-Over-Recording Rule for Deeds to Trusts Introduction In Matter of Austin,...
The “Probate Gap” and URLTA in Alaska: Reasonableness of Estate Mitigation, Non‑Willful Deposit Withholding, and Full Fee Recovery for Prevailing Landlords

The “Probate Gap” and URLTA in Alaska: Reasonableness of Estate Mitigation, Non‑Willful Deposit Withholding, and Full Fee Recovery for Prevailing Landlords

Date: Oct 2, 2025
The “Probate Gap” and URLTA in Alaska: Reasonableness of Estate Mitigation, Non‑Willful Deposit Withholding, and Full Fee Recovery for Prevailing Landlords Court: Supreme Court of the State of Alaska...
New York Affirms Unilateral, No‑Cause Partner Expulsion by Managing Partner and Automatic Loss of Affiliated LLC Membership: South Shore Eye Care, LLP v. Lane

New York Affirms Unilateral, No‑Cause Partner Expulsion by Managing Partner and Automatic Loss of Affiliated LLC Membership: South Shore Eye Care, LLP v. Lane

Date: Oct 2, 2025
New York Affirms Unilateral, No‑Cause Partner Expulsion by Managing Partner and Automatic Loss of Affiliated LLC Membership: South Shore Eye Care, LLP v. Lane Introduction In South Shore Eye Care,...
UPHPA Good-Faith Negotiation Requires Consideration of RPAPL 993(9) Equities; Failure Mandates Dismissal — Commentary on Laurelton Estates, LLC v. Prince

UPHPA Good-Faith Negotiation Requires Consideration of RPAPL 993(9) Equities; Failure Mandates Dismissal — Commentary on Laurelton Estates, LLC v. Prince

Date: Oct 2, 2025
UPHPA Good-Faith Negotiation Requires Consideration of RPAPL 993(9) Equities; Failure Mandates Dismissal Comprehensive Commentary on Laurelton Estates, LLC v. Prince, 2025 NY Slip Op 05226 (2d Dep’t...
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