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“Digital Impersonation as an Aggravating Factor in Attorney Discipline” Commentary on Matter of Perry (2025 NY Slip Op 03386) 1. Introduction Matter of Perry concerns disciplinary proceedings brought...
Successive Use of New York’s Saving Statute: The Second Department Authorises Multiple Invocations of CPLR 205(a) Commentary on Tumminia v. Staten Island University Hospital, 2025 NY Slip Op 03352 1....
No Self-Review: Appellate Division Bars Administrative Law Judges from Issuing Final Determinations on Their Own Recommended Decisions in Justice Center Abuse Proceedings (Matter of Doe v. New York...
Vindell v. Site 2 DSA Owner, LLC – Re-drawing the Boundary of the “Inherent Hazards” Exception under Labor Law § 200 I. Introduction Vindell v. Site 2 DSA Owner, LLC, 2025 NY Slip Op 03353 (2d Dep’t...
Harco v. Scottsdale: Clarifying the Limits of Collateral Estoppel and Documentary Evidence in Follow-Form Excess Coverage Disputes Introduction The Appellate Division, Second Department’s decision in...
Merger Clauses Trump Alleged Oral Joint-Ventures in New York Real-Estate Deals: A Commentary on IPA Asset Management, LLC v. Schuman (2025) Introduction On 4 June 2025 the Appellate Division, Second...
“Let the Doctors Speak” – State v. Soto and the New Mandate Against Undue Restriction of Expert Medical Testimony in Child-Abuse Homicide Trials 1. Introduction Court & Date: New Mexico Supreme...
Reaffirming Colton: The Strict Test for Double Jeopardy Based on Prosecutorial Intent in Connecticut Introduction State v. Patrick M. (Supreme Court of Connecticut, officially released 3 June 2025)...
“The Walsh Protocol”: Judicial Duties When a Plea Agreement Is Ambiguous at Sentencing Introduction State v. Walsh, 373 Or 714 (2025), confronts a recurring but seldom-resolved problem: what must a...
United States v. Lawrence: Affirming District Court Discretion in Crack/Powder Cocaine Sentencing and PSR-Adopted Search Conditions Introduction In United States v. Lawrence (2d Cir. June 2, 2025),...
Reaffirmation of Mens Rea Requirements under 18 U.S.C. § 875(c) in True Threat Prosecutions Introduction In United States v. Bedell, No. 24-1783 (2d Cir. June 2, 2025), the Second Circuit addressed...
Fay v. Barbera: Recognizing Personal §1983 Liability for Gender-Based Disparate Treatment by Supervisory Officials Introduction Fay v. Barbera, decided June 2, 2025 by the Second Circuit, clarifies...
Defendant’s Burden and Prosecutorial Storytelling: Clarifications under the Plain Error Doctrine Introduction This commentary examines the concurring opinion in State of West Virginia v. David Hunter...
Establishing Limits on Victim Character Evidence Under the Plain Error Doctrine Introduction The Supreme Court of Appeals of West Virginia’s decision in State of West Virginia v. David Hunter Lewis...
“A New Clock for Every Act” – The Supreme Court’s (Non-)Decision in Nicholson v. W. L. York, Inc. and the Reaffirmation of Discrete-Act Accrual Under 42 U.S.C. § 1981 Introduction In Nicholson v. W....
Preservation of Judicial Immunity for Public Bodies Under the New Mexico Civil Rights Act 1. Introduction The Supreme Court of New Mexico’s decision in Bolen v. New Mexico Racing Commission (2025)...
Issuer Repurchases Outside the Reach of Section 16(b): No Short-Swing Liability for Treasury Stock Buybacks Introduction This commentary examines the Eleventh Circuit’s June 2, 2025 per curiam...
New Precedent: Ohio’s Two-Year Personal-Injury Statute Governs Title IX Claims 1. Introduction In Eszter Pryor v. The Ohio State University, No. 24-3812 (6th Cir. Jun. 2, 2025), the Sixth Circuit...
Establishing the Threshold for “Extraordinary Circumstances” Under Younger Abstention in Federal Challenges to Ongoing State Criminal Proceedings Introduction This commentary examines the Third...
Core Fiduciary Duty and Harmless-Error Review in Honest-Services Wire Fraud: United States v. Pullman (1st Cir. 2025) Introduction United States v. Pullman is a consolidated appeal of two related...