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  • Commentaries
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new-precedent-on... Case Commentaries

Issue Preclusion from State Foreclosure Findings in Bankruptcy Claims: Commentary on In re Ditech Holding Corp. (2d Cir. 2025)

Issue Preclusion from State Foreclosure Findings in Bankruptcy Claims: Commentary on In re Ditech Holding Corp. (2d Cir. 2025)

Date: Dec 9, 2025
Issue Preclusion from State Foreclosure Findings in Bankruptcy Claims: Commentary on In re Ditech Holding Corp. (2d Cir. 2025) Note: The Second Circuit expressly issued this as a “Summary Order”...
No Collection-Due-Process Review for FBAR Penalties: Eleventh Circuit Confirms Tax Court Lacks Jurisdiction over Title 31 Civil Penalties

No Collection-Due-Process Review for FBAR Penalties: Eleventh Circuit Confirms Tax Court Lacks Jurisdiction over Title 31 Civil Penalties

Date: Dec 9, 2025
No Collection-Due-Process Review for FBAR Penalties: Eleventh Circuit Confirms Tax Court Lacks Jurisdiction over Title 31 Civil Penalties I. Introduction In Stephen C. Jenner & Judy A. Jenner v....
Ambiguous Leases, Missing Exhibits, and the “Fully Heard” Standard: Commentary on Howard Avenue Station, LLC v. The Dubliner, Inc.

Ambiguous Leases, Missing Exhibits, and the “Fully Heard” Standard: Commentary on Howard Avenue Station, LLC v. The Dubliner, Inc.

Date: Dec 9, 2025
Ambiguous Leases, Missing Exhibits, and the “Fully Heard” Standard: Commentary on Howard Avenue Station, LLC v. The Dubliner, Inc. I. Introduction This unpublished Eleventh Circuit decision arises...
Forfeiture Appeals and Sentence-Appeal Waivers: United States v. Dublynn (11th Cir. 2025)

Forfeiture Appeals and Sentence-Appeal Waivers: United States v. Dublynn (11th Cir. 2025)

Date: Dec 9, 2025
Forfeiture Appeals and Sentence-Appeal Waivers: United States v. Dublynn (11th Cir. 2025) I. Introduction The Eleventh Circuit’s unpublished decision in United States v. Brian Dublynn, No. 24-12476...
No Sua Sponte Duty to Apply Intervening Precedent: Commentary on Lazaro Pigueiras v. U.S. Attorney General

No Sua Sponte Duty to Apply Intervening Precedent: Commentary on Lazaro Pigueiras v. U.S. Attorney General

Date: Dec 9, 2025
No Sua Sponte Duty to Apply Intervening Precedent or Entertain New Legal Theories on Reconsideration: A Commentary on Lazaro Pigueiras v. U.S. Attorney General (11th Cir.) I. Introduction This...
Exhaustion, Intervening Precedent, and Motions to Reconsider: The Eleventh Circuit’s Limits on BIA Duties in Pigueiras v. U.S. Attorney General

Exhaustion, Intervening Precedent, and Motions to Reconsider: The Eleventh Circuit’s Limits on BIA Duties in Pigueiras v. U.S. Attorney General

Date: Dec 9, 2025
Exhaustion, Intervening Precedent, and Motions to Reconsider: The Eleventh Circuit’s Limits on BIA Duties in Pigueiras v. U.S. Attorney General I. Introduction The consolidated petitions in Lazaro...
Federal Trade Commission v. Burton Katz: Separate Identities of Related Actions, Jurisdictional Appeal Deadlines, and Mootness After Satisfaction of Civil Contempt Sanctions

Federal Trade Commission v. Burton Katz: Separate Identities of Related Actions, Jurisdictional Appeal Deadlines, and Mootness After Satisfaction of Civil Contempt Sanctions

Date: Dec 9, 2025
Federal Trade Commission v. Burton Katz: Separate Identities of Related Actions, Jurisdictional Appeal Deadlines, and Mootness After Satisfaction of Civil Contempt Sanctions I. Introduction The...
Owens v. New Empire Corp.: Pleading Derivative, Veil‑Piercing, and Turnover Claims Against Sponsor‑Controlled Condominium Boards

Owens v. New Empire Corp.: Pleading Derivative, Veil‑Piercing, and Turnover Claims Against Sponsor‑Controlled Condominium Boards

Date: Dec 8, 2025
Owens v. New Empire Corp.: Pleading Derivative, Veil‑Piercing, and Turnover Claims Against Sponsor‑Controlled Condominium Boards Commentary on Owens v New Empire Corp., 2025 NY Slip Op 06788 (1st...

    Confidentiality of Professional “Moral Character” Licensing Files Under FOIL:
    Commentary on Matter of Newsday LLC v. New York State Education Department

Confidentiality of Professional “Moral Character” Licensing Files Under FOIL: Commentary on Matter of Newsday LLC v. New York State Education Department

Date: Dec 8, 2025
Confidentiality of Professional “Moral Character” Licensing Files Under FOIL: Commentary on Matter of Newsday LLC v. New York State Education Department I. Introduction This commentary analyzes the...
From Local to National: Kosinski v. Wladis and the Modern Standard for Medical Expert Testimony in New York Malpractice Litigation

From Local to National: Kosinski v. Wladis and the Modern Standard for Medical Expert Testimony in New York Malpractice Litigation

Date: Dec 8, 2025
From Local to National: Kosinski v. Wladis and the Modern Standard for Medical Expert Testimony in New York Malpractice Litigation I. Introduction The Appellate Division, Third Department’s decision...
Resolutions Cannot Curtail Codified Municipal Sick Leave Benefits: Legislative Equivalency in Matter of Koldin v. City of Schenectady

Resolutions Cannot Curtail Codified Municipal Sick Leave Benefits: Legislative Equivalency in Matter of Koldin v. City of Schenectady

Date: Dec 8, 2025
Resolutions Cannot Curtail Codified Municipal Sick Leave Benefits: Legislative Equivalency in Matter of Koldin v. City of Schenectady I. Introduction In Matter of Koldin v. City of Schenectady, 2025...
Legislative Presumption of Exam Validity Limits Administrative Licensing‑Fraud Charges: Commentary on Matter of Moran v. McDonald

Legislative Presumption of Exam Validity Limits Administrative Licensing‑Fraud Charges: Commentary on Matter of Moran v. McDonald

Date: Dec 8, 2025
Legislative Presumption of Exam Validity Limits Administrative Licensing‑Fraud Charges: Commentary on Matter of Moran v. McDonald I. Introduction The Appellate Division, Third Department’s decision...
Turner v. Quinones: Contractual Compliance and the Limits of Unjust Enrichment in FHA 203(k) Home Rehabilitation Disputes

Turner v. Quinones: Contractual Compliance and the Limits of Unjust Enrichment in FHA 203(k) Home Rehabilitation Disputes

Date: Dec 8, 2025
Turner v. Quinones: Contractual Compliance and the Limits of Unjust Enrichment in FHA 203(k) Home Rehabilitation Disputes I. Introduction Case: Turner v Quinones, 2025 NY Slip Op 06766 (App Div 3d...
Consent, Distance, and Equal Shared Custody: Relocation as a Factor in Initial Custody Determinations — Commentary on Matter of Brian Q. v. Allysa R.

Consent, Distance, and Equal Shared Custody: Relocation as a Factor in Initial Custody Determinations — Commentary on Matter of Brian Q. v. Allysa R.

Date: Dec 8, 2025
Consent, Distance, and Equal Shared Custody: Relocation as a Factor in Initial Custody Determinations — Commentary on Matter of Brian Q. v. Allysa R. Citation: Matter of Brian Q. v. Allysa R., 2025...
People v. Thibeault: Limiting Postconviction DNA Retesting and Defining Assigned Counsel’s Duties Under CPL 440

People v. Thibeault: Limiting Postconviction DNA Retesting and Defining Assigned Counsel’s Duties Under CPL 440

Date: Dec 8, 2025
People v. Thibeault (2025): Limits on Postconviction DNA Retesting and the Scope of “Meaningful Representation” in CPL 440 Proceedings I. Introduction In People v. Thibeault, 2025 NY Slip Op 06762...
People v. Gerhard: Constructive Firearm Possession, Discovery Due Diligence, and Speedy Trial Calculations under New York’s CPL 245 and 30.30

People v. Gerhard: Constructive Firearm Possession, Discovery Due Diligence, and Speedy Trial Calculations under New York’s CPL 245 and 30.30

Date: Dec 8, 2025
People v. Gerhard: Constructive Firearm Possession, Discovery Due Diligence, and Speedy Trial Calculations under New York’s CPL 245 and 30.30 I. Introduction In People v. Gerhard, 2025 NY Slip Op...
People v. Cipriani: Mixed DNA “Major Contributor” Evidence and Sanitized Supervision Testimony as Sufficient Proof of Identity in Circumstantial Burglary Cases

People v. Cipriani: Mixed DNA “Major Contributor” Evidence and Sanitized Supervision Testimony as Sufficient Proof of Identity in Circumstantial Burglary Cases

Date: Dec 8, 2025
People v. Cipriani: Mixed DNA “Major Contributor” Evidence and Sanitized Supervision Testimony as Sufficient Proof of Identity in Circumstantial Burglary Cases I. Introduction The Appellate Division,...
Clarifying Voluntariness in the Parole Context and Substantial Compliance with CPL 400.20: Commentary on People v. Cipriani

Clarifying Voluntariness in the Parole Context and Substantial Compliance with CPL 400.20: Commentary on People v. Cipriani

Date: Dec 8, 2025
Clarifying Voluntariness in the Parole Context and Substantial Compliance with CPL 400.20: A Commentary on People v. Cipriani, 2025 NY Slip Op 06758 (3d Dept) I. Introduction The Appellate Division,...
People v. Mack: Broad Entitlement to a Justification Instruction and Reaffirmation of New York’s Ban on Cameras in the Courtroom

People v. Mack: Broad Entitlement to a Justification Instruction and Reaffirmation of New York’s Ban on Cameras in the Courtroom

Date: Dec 8, 2025
People v. Mack: Broad Entitlement to a Justification Instruction and Reaffirmation of New York’s Ban on Cameras in the Courtroom I. Introduction The Appellate Division, Third Department’s decision in...

    People v Rickett: Preservation of Legal Sufficiency Challenges, Limits on Appeal Waivers, 
    and Strategic Nonuse of Alibi Evidence in New York Homicide Cases

People v Rickett: Preservation of Legal Sufficiency Challenges, Limits on Appeal Waivers, and Strategic Nonuse of Alibi Evidence in New York Homicide Cases

Date: Dec 8, 2025
People v Rickett: Preservation of Legal Sufficiency Challenges, Limits on Appeal Waivers, and Strategic Nonuse of Alibi Evidence in New York Homicide Cases 1. Introduction The Appellate Division,...
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