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  • Commentaries
  • Judgments

new-precedent-on... Case Commentaries

Limiting the “Per Se Grave or Serious” Doctrine: People v. Kennedy and Vehicular Homicide–DUI

Limiting the “Per Se Grave or Serious” Doctrine: People v. Kennedy and Vehicular Homicide–DUI

Date: Dec 18, 2025
Limiting the “Per Se Grave or Serious” Doctrine: People v. Kennedy and Vehicular Homicide–DUI I. Introduction In People v. Kennedy, 2025 CO 63, the Colorado Supreme Court confronted a recurring and...
State “Total Unemployment” Standards as a Predicate for CARES Act PUA Eligibility: Commentary on Matter of Klosterman

State “Total Unemployment” Standards as a Predicate for CARES Act PUA Eligibility: Commentary on Matter of Klosterman

Date: Dec 18, 2025
State “Total Unemployment” Standards as a Predicate for CARES Act PUA Eligibility: Commentary on Matter of Klosterman v. New York State Dept. of Corr. & Community Supervision I. Introduction In...

        Due Process, DMV Refusal Hearings, and the Duty to Enforce Subpoenas:
        Commentary on Matter of Monaghan v. Schroeder

Due Process, DMV Refusal Hearings, and the Duty to Enforce Subpoenas: Commentary on Matter of Monaghan v. Schroeder

Date: Dec 18, 2025
Due Process, DMV Refusal Hearings, and the Duty to Enforce Subpoenas: Commentary on Matter of Monaghan v. Schroeder I. Introduction In Matter of Monaghan v. Schroeder, 2025 NY Slip Op 06959 (Dec. 16,...
Extending the Ministerial Exception to New York Labor Law § 201‑d: Commentary on Sander v. Westchester Reform Temple

Extending the Ministerial Exception to New York Labor Law § 201‑d: Commentary on Sander v. Westchester Reform Temple

Date: Dec 18, 2025
Extending the Ministerial Exception to New York Labor Law § 201‑d: Commentary on Sander v. Westchester Reform Temple I. Introduction In Sander v. Westchester Reform Temple, 2025 NY Slip Op 06958...
Trial Court Discretion in Responding to Prospective Juror Bias and Providing Indictments to the Jury: A Commentary on United States v. Thomas (7th Cir. 2025)

Trial Court Discretion in Responding to Prospective Juror Bias and Providing Indictments to the Jury: A Commentary on United States v. Thomas (7th Cir. 2025)

Date: Dec 18, 2025
Trial Court Discretion in Responding to Prospective Juror Bias and Providing Indictments to the Jury: Commentary on United States v. Travis Thomas, No. 24‑3020 (7th Cir. Dec. 16, 2025) I....
Retaliatory Prison Work Evaluations and Housing Transfers as First Amendment Adverse Actions: Commentary on Byrd v. Smith

Retaliatory Prison Work Evaluations and Housing Transfers as First Amendment Adverse Actions: Commentary on Byrd v. Smith

Date: Dec 18, 2025
Retaliatory Prison Work Evaluations and Housing Transfers as First Amendment Adverse Actions: Commentary on Byrd v. Smith I. Introduction This commentary examines the United States Court of Appeals...
Anonymous Corporate Ownership as Economic Activity: The Eleventh Circuit Upholds the Corporate Transparency Act in National Small Business United v. U.S. Department of the Treasury

Anonymous Corporate Ownership as Economic Activity: The Eleventh Circuit Upholds the Corporate Transparency Act in National Small Business United v. U.S. Department of the Treasury

Date: Dec 18, 2025
Anonymous Corporate Ownership as Economic Activity: The Eleventh Circuit Upholds the Corporate Transparency Act I. Introduction In National Small Business United v. U.S. Department of the Treasury,...
Material Detriment, Cure Periods, and Enforceability of Removal Clauses in Florida LIHTC Partnerships: Commentary on Creative Choice Homes XXX, LLC v. AMTAX Holdings 690, LLC

Material Detriment, Cure Periods, and Enforceability of Removal Clauses in Florida LIHTC Partnerships: Commentary on Creative Choice Homes XXX, LLC v. AMTAX Holdings 690, LLC

Date: Dec 18, 2025
Material Detriment, Cure Periods, and Enforceability of Removal Clauses in Florida LIHTC Partnerships Commentary on Creative Choice Homes XXX, LLC v. AMTAX Holdings 690, LLC (U.S. Court of Appeals...
Material Breach, Cure, and Contractual Forfeiture in LIHTC Partnerships: Commentary on Creative Choice Homes XXX/XXXI v. AMTAX & MG Affordable

Material Breach, Cure, and Contractual Forfeiture in LIHTC Partnerships: Commentary on Creative Choice Homes XXX/XXXI v. AMTAX & MG Affordable

Date: Dec 17, 2025
Material Breach, Cure, and Contractual Forfeiture in LIHTC Partnerships: Commentary on Creative Choice Homes XXX/XXXI, LLC v. AMTAX Holdings 690, LLC & MG Affordable Master, LLC I. Introduction This...
Reaffirming Strict Duties of Diligence, Communication, and Practice Management in Attorney Discipline: Commentary on Matter of Michael P. Sinks

Reaffirming Strict Duties of Diligence, Communication, and Practice Management in Attorney Discipline: Commentary on Matter of Michael P. Sinks

Date: Dec 17, 2025
Reaffirming Strict Duties of Diligence, Communication, and Practice Management in Attorney Discipline Commentary on Matter of Michael P. Sinks, Supreme Court of Montana (Dec. 16, 2025) 1....

    Equitable Modification of Property Awards to Counter Post‑Judgment Asset Manipulation: 
    Commentary on In re Marriage of Steinbeisser, 2025 MT 289

Equitable Modification of Property Awards to Counter Post‑Judgment Asset Manipulation: Commentary on In re Marriage of Steinbeisser, 2025 MT 289

Date: Dec 17, 2025
Equitable Modification of Property Awards to Counter Post‑Judgment Asset Manipulation: Commentary on In re Marriage of Steinbeisser, 2025 MT 289 I. Introduction The Montana Supreme Court’s decision...
Voluntary Absence as Waiver: State v. McKnight and the Limits of Due Diligence in Montana Felony Trials

Voluntary Absence as Waiver: State v. McKnight and the Limits of Due Diligence in Montana Felony Trials

Date: Dec 17, 2025
Voluntary Absence as Waiver: State v. McKnight and the Limits of Due Diligence in Montana Felony Trials I. Introduction In State v. McKnight, 2025 MT 288, the Montana Supreme Court addressed a...
State v. Lambert: Mandatory Counsel at Probation Revocation Dispositional Hearings and Structural Error for Uncounseled Sentencing

State v. Lambert: Mandatory Counsel at Probation Revocation Dispositional Hearings and Structural Error for Uncounseled Sentencing

Date: Dec 17, 2025
State v. Lambert: Mandatory Counsel at Probation Revocation Dispositional Hearings and Structural Error for Uncounseled Sentencing I. Introduction In State v. Lambert, 2025 MT 286, the Montana...
Conceding a Jury Question as a Judicial Admission: New Limits on Rule 59 New-Trial Motions in Shahood v. City and County of Butte-Silver Bow

Conceding a Jury Question as a Judicial Admission: New Limits on Rule 59 New-Trial Motions in Shahood v. City and County of Butte-Silver Bow

Date: Dec 17, 2025
Conceding a Jury Question as a Judicial Admission: New Limits on Rule 59 New-Trial Motions in Shahood v. City and County of Butte-Silver Bow I. Introduction In Shahood v. City and County of...
People of Guam v. Narruhn: Direct Review Limits on Ineffective Assistance Claims and Scrutiny of DNA Evidence in Micronesian Prosecutions

People of Guam v. Narruhn: Direct Review Limits on Ineffective Assistance Claims and Scrutiny of DNA Evidence in Micronesian Prosecutions

Date: Dec 17, 2025
People of Guam v. Narruhn: Direct Review Limits on Ineffective Assistance Claims and Scrutiny of DNA Evidence in Micronesian Prosecutions Introduction The Supreme Court of Guam’s decision in People...
Jurisdictional Limits on the Office of Public Accountability in Debarment Matters: Commentary on SH Enterprises, Inc. v. Territory of Guam (2025 Guam 10)

Jurisdictional Limits on the Office of Public Accountability in Debarment Matters: Commentary on SH Enterprises, Inc. v. Territory of Guam (2025 Guam 10)

Date: Dec 17, 2025
Jurisdictional Limits on the Office of Public Accountability in Debarment Matters: Commentary on SH Enterprises, Inc. v. Territory of Guam, 2025 Guam 10 I. Introduction The Supreme Court of Guam’s...
Limiting Multiple CSC Convictions for a Single Sexual Act under 9 GCA § 1.22(e): Commentary on People of Guam v. Castro, 2025 Guam 9

Limiting Multiple CSC Convictions for a Single Sexual Act under 9 GCA § 1.22(e): Commentary on People of Guam v. Castro, 2025 Guam 9

Date: Dec 17, 2025
Limiting Multiple CSC Convictions for a Single Sexual Act under 9 GCA § 1.22(e): A Comprehensive Commentary on People of Guam v. Castro, 2025 Guam 9 I. Introduction The Supreme Court of Guam’s...
Plain Error in Unsettled Law: NCIC Evidence, Anonymous Tips, and Second Amendment Challenges in Johns v. State (Del. 2025)

Plain Error in Unsettled Law: NCIC Evidence, Anonymous Tips, and Second Amendment Challenges in Johns v. State (Del. 2025)

Date: Dec 17, 2025
Plain Error in Unsettled Law: NCIC Evidence, Anonymous Tips, and Second Amendment Challenges in Johns v. State (Del. 2025) I. Introduction The Delaware Supreme Court’s decision in Johns v. State...
Acklin v. Eichner: Reaffirming the 30‑Day Appeal Deadline as the Benchmark for Rule 60(b)(1) Legal‑Error Motions and Tightening Post‑Judgment Amendments under Rule 60(b)(6)

Acklin v. Eichner: Reaffirming the 30‑Day Appeal Deadline as the Benchmark for Rule 60(b)(1) Legal‑Error Motions and Tightening Post‑Judgment Amendments under Rule 60(b)(6)

Date: Dec 17, 2025
Acklin v. Eichner: Reaffirming the 30‑Day Appeal Deadline as the Benchmark for Rule 60(b)(1) Legal‑Error Motions and Tightening Post‑Judgment Amendments under Rule 60(b)(6) Introduction This Second...
Attorney Misconduct, Willful Default Strategies, and Sanctions Under Inherent Authority and 28 U.S.C. § 1927: Commentary on Lee v. Hong v. Mommy's Jamaican Market Corp.

Attorney Misconduct, Willful Default Strategies, and Sanctions Under Inherent Authority and 28 U.S.C. § 1927: Commentary on Lee v. Hong v. Mommy's Jamaican Market Corp.

Date: Dec 17, 2025
Attorney Misconduct, Willful Default Strategies, and Sanctions Under Inherent Authority and 28 U.S.C. § 1927: Commentary on Lee v. Hong v. Mommy's Jamaican Market Corp. I. Introduction The Second...
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