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Williams v. Levine: Elevating XLIF to Accepted Neurosurgical Practice and Tightening Expert-Affidavit Standards on Summary Judgment Introduction In Williams v. Levine, 2025 NY Slip Op 02962, the...
Weekes v. Tishman Technologies Corp.: Construction-Manager Liability and Ancillary Scaffold Removal under New York Labor Law §240(1) I. Introduction In Weekes v. Tishman Technologies Corporation, 238...
“A Legal Nullity Without Leave” – Raiola v. Roman Catholic Diocese of Brooklyn and the Dual Thresholds for (1) Adding New Defendants and (2) CPLR 3211(a)(7) Dismissals Introduction Raiola v. Roman...
“Harassment Is Not Fraud”: People v. Wilson and the Refined Standard for Intent to Defraud under N.Y. Penal Law § 175.10 Introduction People v. Wilson (2025 NY Slip Op 02940) arises from a modern...
Routine Services, Routine Fees: The Second Department’s Clarification on Compensation for Court-Appointed Accountants in Article 81 Guardianships Introduction Matter of Silda E.H. (Henderson), 238...
Presumption of Possession for Intestate Heirs – Canty v. Burns Reinforces the 10-Year Limitations Framework for Quiet-Title Actions Involving Void Deeds 1. Introduction Canty v. Burns (2025 NY Slip...
Negligent Supervision: Employer Liability for Employee Torts – Duty, Elements, and Scope Introduction This commentary examines the Supreme Court of Appeals of West Virginia’s decision in Camden-Clark...
Excluding the Arsonist from the Definition of “Occupied Structure” under A.R.S. § 13-1701(2) and § 13-1704 Introduction This case arises from a 2007 Christmas‐night fire that engulfed a pickup truck...
United States v. Woods: The Eleventh Circuit Re-Affirms the “Keene Statement” Harmless-Error Rule and Clarifies Single-Conspiracy Analysis in Pandemic-Relief Fraud Introduction United States v....
Limiting the “Capable-of-Repetition-Yet-Evading-Review” Exception in SEC No-Action Letter Appeals Introduction This case arises from a dispute between the National Center for Public Policy Research...
Judicial Discretion in Parental Income Determination and the Limits of Rule 60 Relief in Child Support Modifications Introduction David Martorano v. Melissa Mazzei f/k/a Melissa Martorano (2025 WY...
Oral Relocation Agreements and Double-Rent Liability: Atlasman v. Korol (2025) Clarifies Pleading Standards in Landlord–Tenant Disputes Introduction Background. In Atlasman v. Korol, the Appellate...
Turner v. Rocket Mortgage: The Eleventh Circuit Narrows “Shotgun Pleading” Dismissals and Affirms Escrow-Agent Fiduciary Duties Introduction Mark A. Turner, a Florida homeowner on a fixed income,...
“Substantially Equal” Means Substantially Equal: Harris v. International Paper Co. Clarifying Comparator and Pretext Requirements in Equal Pay Act & Title VII Litigation Introduction In Joni Harris...
Bankruptcy Appeal Limits: §363(m) Statutory Mootness and Non-Consensual Third-Party Releases Introduction This commentary examines the Third Circuit’s May 13, 2025 decision in In re Boy Scouts of...
Statutory Finality of §363(b) Sales and Limits on Third-Party Release Appeals in In re Boy Scouts of America Introduction The Third Circuit’s May 13, 2025 decision in In re Boy Scouts of America and...
Statutory Mootness Under § 363(m) and the Limits on Nonconsensual Third-Party Releases in Chapter 11 Plans Introduction In In re Boy Scouts of America & Delaware BSA LLC (3d Cir. May 13, 2025), the...
Accrual of Credit for Time Served: Jurisdiction-Dependent Credit in Multi-Case Proceedings Introduction The Supreme Court of Montana’s decision in State of Montana v. William James Pillans (2025 MT...
In re H.P.: Clarifying Evidentiary Standards for Child Sexual Abuse Adjudications under West Virginia Law Introduction This commentary examines the Supreme Court of Appeals of West Virginia’s...
Prevailing-Party Fee Awards Despite Plaintiff’s Nominal Victory: A Commentary on Advanced Analytics, Inc. v. Citigroup Global Markets, Inc. Introduction In Advanced Analytics, Inc. v. Citigroup...