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limitation-of-vessel-owner& Case Commentaries

Two-Year Medical Malpractice Repose Means Two Calendar Years Ending the Day Before the Anniversary: Paulsen v. Avera McKennan

Two-Year Medical Malpractice Repose Means Two Calendar Years Ending the Day Before the Anniversary: Paulsen v. Avera McKennan

Date: Jul 17, 2025
Two-Year Medical Malpractice Repose Means Two Calendar Years Ending the Day Before the Anniversary: Paulsen v. Avera McKennan Introduction In Paulsen v. Avera McKennan, 2025 S.D. 37, the South Dakota...
No Shortcuts After Alston: Seventh Circuit Requires Independent Market Proof and Competitive Harm for NCAA Eligibility Challenges

No Shortcuts After Alston: Seventh Circuit Requires Independent Market Proof and Competitive Harm for NCAA Eligibility Challenges

Date: Jul 17, 2025
No Shortcuts After Alston: Seventh Circuit Requires Independent Market Proof and Competitive Harm for NCAA Eligibility Challenges Introduction In Nyzier Fourqurean v. National Collegiate Athletic...
Reaffirming Carlson’s Core: Seventh Circuit Keeps Federal Prison Medical‑Care Claims Within Bivens and Clarifies FTCA Equitable Tolling (including the Prison‑Mailbox Rule) at the Pleadings Stage

Reaffirming Carlson’s Core: Seventh Circuit Keeps Federal Prison Medical‑Care Claims Within Bivens and Clarifies FTCA Equitable Tolling (including the Prison‑Mailbox Rule) at the Pleadings Stage

Date: Jul 17, 2025
Reaffirming Carlson’s Core: Seventh Circuit Keeps Federal Prison Medical‑Care Claims Within Bivens and Clarifies FTCA Equitable Tolling (including the Prison‑Mailbox Rule) at the Pleadings Stage...
Angel v. Strulovich: Three-Year Conversion Limitations Controls Conversion‑Based Constructive Trust Claims; Accrual at Initial Withholding of Investment Funds

Angel v. Strulovich: Three-Year Conversion Limitations Controls Conversion‑Based Constructive Trust Claims; Accrual at Initial Withholding of Investment Funds

Date: Jul 17, 2025
Angel v. Strulovich: Three-Year Conversion Limitations Controls Conversion‑Based Constructive Trust Claims; Accrual at Initial Withholding of Investment Funds Introduction In Angel v. Strulovich...
Disbarment for Misappropriating Employer Funds While Suspended: Prior Similar Discipline and Noncooperation Warrant the Ultimate Sanction Even Absent an 8.4(b) Allegation

Disbarment for Misappropriating Employer Funds While Suspended: Prior Similar Discipline and Noncooperation Warrant the Ultimate Sanction Even Absent an 8.4(b) Allegation

Date: Jul 17, 2025
Disbarment for Misappropriating Employer Funds While Suspended: Prior Similar Discipline and Noncooperation Warrant the Ultimate Sanction Even Absent an 8.4(b) Allegation Introduction In In re...
No “Unlawful Conduct” Carve‑Out to Minnesota’s Reporter Shield; Privilege Logs Permissible Under the MFFIA

No “Unlawful Conduct” Carve‑Out to Minnesota’s Reporter Shield; Privilege Logs Permissible Under the MFFIA

Date: Jul 17, 2025
No “Unlawful Conduct” Carve‑Out to Minnesota’s Reporter Shield; Privilege Logs Permissible Under the MFFIA Court: Supreme Court of Minnesota Case: Energy Transfer LP (formerly known as Energy...
Appellate Deference to DSM‑5‑TR–Based PTSD Diagnoses; Mootness Bars Consequential OSTD Claims; Frivolous Denials Penalized — Commentary on Peterson v. City of Minneapolis

Appellate Deference to DSM‑5‑TR–Based PTSD Diagnoses; Mootness Bars Consequential OSTD Claims; Frivolous Denials Penalized — Commentary on Peterson v. City of Minneapolis

Date: Jul 17, 2025
Appellate Deference to DSM‑5‑TR–Based PTSD Diagnoses; Mootness Bars Consequential OSTD Claims; Frivolous Denials Penalized Introduction In Lucas Peterson v. City of Minneapolis, Self-Insured, 23...
Limiting Dobbs: Minnesota Supreme Court Holds “New Interpretation” Exception Requires Case‑Specific Applicability; Untimely Postconviction Claims Not Revived by Abortion Jurisprudence

Limiting Dobbs: Minnesota Supreme Court Holds “New Interpretation” Exception Requires Case‑Specific Applicability; Untimely Postconviction Claims Not Revived by Abortion Jurisprudence

Date: Jul 17, 2025
Limiting Dobbs: Minnesota Supreme Court Holds “New Interpretation” Exception Requires Case‑Specific Applicability; Untimely Postconviction Claims Not Revived by Abortion Jurisprudence Introduction In...
Reasonable, Not Merely Possible: Seventh Circuit Clarifies the Franks “Substantial Preliminary Showing” and Affirms Informant‑Based Probable Cause

Reasonable, Not Merely Possible: Seventh Circuit Clarifies the Franks “Substantial Preliminary Showing” and Affirms Informant‑Based Probable Cause

Date: Jul 17, 2025
Reasonable, Not Merely Possible: Seventh Circuit Clarifies the Franks “Substantial Preliminary Showing” and Affirms Informant‑Based Probable Cause Introduction In this consolidated appeal from the...
Allegiance, Not Dangerousness: Seventh Circuit Upholds § 922(g)(5)(A) Under Bruen and Forecloses As‑Applied Challenges by Unlawfully Present Aliens

Allegiance, Not Dangerousness: Seventh Circuit Upholds § 922(g)(5)(A) Under Bruen and Forecloses As‑Applied Challenges by Unlawfully Present Aliens

Date: Jul 17, 2025
Allegiance, Not Dangerousness: Seventh Circuit Upholds § 922(g)(5)(A) Under Bruen and Forecloses As‑Applied Challenges by Unlawfully Present Aliens Introduction In United States v. Heriberto...
USPS Change‑of‑Address as Due Diligence: Second Department Clarifies CPLR 308(4) “Affix-and-Mail” and the Burden to Rebut Proper Service

USPS Change‑of‑Address as Due Diligence: Second Department Clarifies CPLR 308(4) “Affix-and-Mail” and the Burden to Rebut Proper Service

Date: Jul 17, 2025
USPS Change‑of‑Address as Due Diligence: Second Department Clarifies CPLR 308(4) “Affix-and-Mail” and the Burden to Rebut Proper Service Case: PNMAC Mortgage Opportunity Fund Investors, LLC v....
School-Observed Injury as Corroboration and Untreated Mental Illness as Independent Grounds for Neglect: Second Department’s Dual-Track Affirmance in Matter of Zaria P. (Sade G.)

School-Observed Injury as Corroboration and Untreated Mental Illness as Independent Grounds for Neglect: Second Department’s Dual-Track Affirmance in Matter of Zaria P. (Sade G.)

Date: Jul 17, 2025
School-Observed Injury as Corroboration and Untreated Mental Illness as Independent Grounds for Neglect: Second Department’s Dual-Track Affirmance in Matter of Zaria P. (Sade G.) Introduction In...
“No Taking in Treating the Indigent” – The New Jersey Supreme Court Affirms that Mandatory Charity-Care Is Not a Compensable Taking

“No Taking in Treating the Indigent” – The New Jersey Supreme Court Affirms that Mandatory Charity-Care Is Not a Compensable Taking

Date: Jul 17, 2025
“No Taking in Treating the Indigent”: Englewood Hospital & Medical Center v. State Sets the Modern Boundary Between Public-Health Obligations and Property Rights 1. Introduction On 16 July 2025 the...
Issue Preclusion in New York Attorney Discipline: Out‑of‑State Probate Findings (Including Intent and Bad Faith) Bind the Respondent, But Rule Violations Remain for the Court

Issue Preclusion in New York Attorney Discipline: Out‑of‑State Probate Findings (Including Intent and Bad Faith) Bind the Respondent, But Rule Violations Remain for the Court

Date: Jul 17, 2025
Issue Preclusion in New York Attorney Discipline: Out‑of‑State Probate Findings (Including Intent and Bad Faith) Bind the Respondent, But Rule Violations Remain for the Court Introduction Matter of...
Confirmed Chapter 13 “Surrender/Release” Judicially Estops FAPA and Other Nonjurisdictional Foreclosure Defenses; Referee’s Amount-Due Findings Must Be Supported by Produced Business Records

Confirmed Chapter 13 “Surrender/Release” Judicially Estops FAPA and Other Nonjurisdictional Foreclosure Defenses; Referee’s Amount-Due Findings Must Be Supported by Produced Business Records

Date: Jul 17, 2025
Confirmed Chapter 13 “Surrender/Release” Judicially Estops FAPA and Other Nonjurisdictional Foreclosure Defenses; Referee’s Amount-Due Findings Must Be Supported by Produced Business Records...
No Constructive Trust Without a Property‑Specific Promise: The Second Department limits constructive trusts where diverted funds merely improve unrelated properties

No Constructive Trust Without a Property‑Specific Promise: The Second Department limits constructive trusts where diverted funds merely improve unrelated properties

Date: Jul 17, 2025
No Constructive Trust Without a Property‑Specific Promise: The Second Department limits constructive trusts where diverted funds merely improve unrelated properties Introduction In Angel v....
United States v. Mikkelson: Eleventh Circuit Clarifies Harmless-Error Treatment of Criminal-History Miscalculations and Re-affirms Broad Judicial Discretion for Upward Variances in Violent RICO Sentencings

United States v. Mikkelson: Eleventh Circuit Clarifies Harmless-Error Treatment of Criminal-History Miscalculations and Re-affirms Broad Judicial Discretion for Upward Variances in Violent RICO Sentencings

Date: Jul 16, 2025
United States v. Mikkelson: Eleventh Circuit Clarifies Harmless-Error Treatment of Criminal-History Miscalculations and Re-affirms Broad Judicial Discretion for Upward Variances in Violent RICO...
HomeRiver v. Anders Business Solutions: Reaffirming the Strict Majority-Member Exception for LLC Self-Representation in Montana Justice Courts

HomeRiver v. Anders Business Solutions: Reaffirming the Strict Majority-Member Exception for LLC Self-Representation in Montana Justice Courts

Date: Jul 16, 2025
HomeRiver v. Anders Business Solutions: Reaffirming the Strict Majority-Member Exception for LLC Self-Representation in Montana Justice Courts Supreme Court of Montana – 2025 MT 154N Appeal No. DA...
“Outside the School-Student Relationship” – Arizona Supreme Court Defines the Geographic Limits of a School’s Duty of Care (PUSD 210 v. Hon. Sinclair/Lucero, 2025)

“Outside the School-Student Relationship” – Arizona Supreme Court Defines the Geographic Limits of a School’s Duty of Care (PUSD 210 v. Hon. Sinclair/Lucero, 2025)

Date: Jul 16, 2025
“Outside the School-Student Relationship” – Arizona Supreme Court Defines the Geographic Limits of a School’s Duty of Care Commentary on PUSD 210 v. Hon. Sinclair / Lucero, CV-24-0307-PR (Ariz. Jul....
The Padilla Tolling Rule: Dismissal Without Prejudice Does Not Stop the Statutory Clock for Second-Degree Felonies in New Mexico

The Padilla Tolling Rule: Dismissal Without Prejudice Does Not Stop the Statutory Clock for Second-Degree Felonies in New Mexico

Date: Jul 16, 2025
The Padilla Tolling Rule: Dismissal Without Prejudice Does Not Stop the Statutory Clock for Second-Degree Felonies in New Mexico 1. Introduction In State v. Padilla, decided on 15 July 2025, the New...
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