new-precedent-on... Case Commentaries

Judicial Estoppel as a Bar to Standing in Investor-Fraud Actions: Commentary on Meisels v. Bernstein

Date: Dec 12, 2025

Judicial Estoppel as a Bar to Standing in Investor-Fraud Actions: Commentary on Meisels v. Bernstein I. Introduction The Appellate Division, Second Department’s decision in Meisels v. Bernstein, 2025...

Levine v. Pee Wee & Tyson, Ltd.: Appellate Clarification of Garden-Variety Emotional Distress and Attorney’s Fees Awards Under the NYCHRL After Default

Date: Dec 12, 2025

Levine v. Pee Wee & Tyson, Ltd.: Appellate Clarification of Garden-Variety Emotional Distress and Attorney’s Fees Awards Under the NYCHRL After Default I. Introduction Levine v. Pee Wee & Tyson,...

Fleurantin v. Fleurantin: Imputed Income, Statutory Deductions, and Equitable Distribution Following Annulment

Date: Dec 12, 2025

Fleurantin v. Fleurantin: Imputed Income, Statutory Deductions, and Equitable Distribution Following Annulment 1. Introduction In Fleurantin v. Fleurantin, 2025 NY Slip Op 06847 (2d Dept Dec. 10,...

Cisco v. Verizon New York, Inc.: Consent-Based Utility Rights-of-Way as a Bar to Inverse Condemnation, Trespass, and Related Claims

Date: Dec 12, 2025

Cisco v. Verizon New York, Inc.: Consent-Based Utility Rights-of-Way as a Bar to Inverse Condemnation, Trespass, and Related Claims I. Introduction In Cisco v. Verizon New York, Inc., 2025 NY Slip Op...

State v. Oliver: Recognizing Attempted First-Degree Assault-Harm as a Cognizable Offense Under Minnesota’s General Attempt Statute

Date: Dec 12, 2025

State v. Oliver: Recognizing Attempted First-Degree Assault-Harm as a Cognizable Offense Under Minnesota’s General Attempt Statute I. Introduction In State of Minnesota v. Lisa Dawn Oliver, A23‑1062...

Accrual and Pleading‑Stage Statute‑of‑Limitations Defenses in Hybrid Postal Labor Claims: Commentary on McDonald v. United States Postal Service

Date: Dec 12, 2025

Accrual and Pleading‑Stage Statute‑of‑Limitations Defenses in Hybrid Postal Labor Claims: Commentary on Maja McDonald v. United States Postal Service & NALC Branch 11 I. Introduction This commentary...

United States v. Sabaini: Indirect Tax Proof, Structuring Liability, and § 1001 Concealment After Thompson

Date: Dec 12, 2025

United States v. Sabaini: Indirect Tax Proof, Structuring Liability, and § 1001 Concealment After Thompson I. Introduction In United States v. Anthony Sabaini, No. 23‑3216 (7th Cir. Dec. 10, 2025),...

Abuse of Judicial Prestige and Ex Parte Emergency Relief: The Louisiana Supreme Court’s Six‑Month Suspension in In re Judge Royale Colbert

Date: Dec 12, 2025

Abuse of Judicial Prestige and Ex Parte Emergency Relief: The Louisiana Supreme Court’s Six‑Month Suspension in In re Judge Royale Colbert I. Introduction The Louisiana Supreme Court’s decision in In...

Judicial Removal for Campaign Misrepresentation and Lack of Candor in Disciplinary Proceedings: Commentary on In re Judge Tiffany Foxworth‑Roberts

Date: Dec 12, 2025

Judicial Removal for Campaign Misrepresentation and Lack of Candor in Disciplinary Proceedings: Commentary on In re Judge Tiffany Foxworth‑Roberts I. Introduction The Louisiana Supreme Court’s...

Noncompliance with JLAP-Linked Probation as Grounds for Executing Deferred Suspension: Commentary on In re Cleophus Washington (La. 2025)

Date: Dec 12, 2025

Noncompliance with JLAP-Linked Probation as Grounds for Executing Deferred Suspension: Commentary on In re Cleophus Washington (La. 2025) I. Introduction The Supreme Court of Louisiana’s per curiam...

Awareness and Proximity Are Not Enough: State v. White Narrows Constructive Possession for Felon-in-Possession in Shared Homes

Date: Dec 12, 2025

Awareness and Proximity Are Not Enough: State of Louisiana v. Gerald Manchip White and the Limits of Constructive Possession in Shared Residences I. Introduction The Supreme Court of Louisiana’s...

Specificity in Pleading Religious Objections to COVID‑19 Vaccines: The Seventh Circuit’s Nonprecedential Guidance in Troogstad v. City of Chicago

Date: Dec 11, 2025

Specificity in Pleading Religious Objections to COVID‑19 Vaccines: The Seventh Circuit’s Nonprecedential Guidance in Troogstad v. City of Chicago I. Introduction The Seventh Circuit’s nonprecedential...

Preserving the Strickland Presumption for Attorneys Under Discipline: Commentary on Airrion Blake v. United States (7th Cir. 2025)

Date: Dec 11, 2025

Preserving the Strickland Presumption for Attorneys Under Discipline: Commentary on Airrion Blake v. United States (7th Cir. 2025) I. Introduction In Airrion S. Blake v. United States, No. 23-2399...

From Ignition to Immunity: The Eleventh Circuit Holds That Starting a Parked Vehicle Can Justify Deadly Force and Florida Self‑Defense Immunity

Date: Dec 11, 2025

From Ignition to Immunity: The Eleventh Circuit Holds That Starting a Parked Vehicle Can Justify Deadly Force and Florida Self‑Defense Immunity I. Introduction The Eleventh Circuit’s published...

State v. Smith: Justifiable Use of Force Does Not Bar a Mitigated Deliberate Homicide Lesser-Included Instruction

Date: Dec 11, 2025

State v. Smith: Justifiable Use of Force Does Not Bar a Mitigated Deliberate Homicide Lesser-Included Instruction I. Introduction In State v. Smith, 2025 MT 281, the Montana Supreme Court affirmed...

Reaffirming Particularized Suspicion to Expand Speeding Stops into DUI Investigations: Commentary on State v. Trimble (Mont. 2025)

Date: Dec 11, 2025

Reaffirming Particularized Suspicion to Expand Speeding Stops into DUI Investigations: Commentary on State v. Trimble (Mont. 2025) I. Introduction The Montana Supreme Court’s memorandum decision in...

State v. Mullendore: Clarifying Child-Restraint Negligence, Intervening Causes, Expert Testimony, and Lost-Wage Restitution in Montana Homicide Cases

Date: Dec 11, 2025

State v. Mullendore: Clarifying Child-Restraint Negligence, Intervening Causes, Expert Testimony, and Lost-Wage Restitution in Montana Homicide Cases I. Introduction In State v. Mullendore, 2025 MT...

Due Process, Discovery, and Use of Withdrawn Violations in Montana Probation Revocations: Commentary on State v. Pettit

Date: Dec 11, 2025

Due Process, Discovery, and Use of Withdrawn Violations in Montana Probation Revocations: Commentary on State v. Pettit I. Introduction The Montana Supreme Court’s memorandum decision in State v....

Probation Waivers vs. Co‑Occupant Objection: State v. Horn and the Limits of Georgia v. Randolph in Idaho

Date: Dec 11, 2025

Probation Waivers vs. Co‑Occupant Objection: State v. Horn and the Limits of Georgia v. Randolph in Idaho I. Introduction In State v. Horn, the Idaho Supreme Court confronted two recurring and...

Opinion-of-Counsel Conditions as Independent, Good‑Faith Safeguards in Delaware MLPs: Commentary on Bandera Master Fund LP v. Boardwalk Pipeline Partners, LP

Date: Dec 11, 2025

Opinion-of-Counsel Conditions as Independent, Good‑Faith Safeguards in Delaware MLPs: A Commentary on Bandera Master Fund LP v. Boardwalk Pipeline Partners, LP (Del. Dec. 10, 2025) I. Introduction...

Previous Next