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  • Commentaries
  • Judgments

new-precedent-on... Case Commentaries


    Destructive Competition and Driver Standing:
    The First Department Opens the Courthouse Door to NYC For‑Hire Vehicle Drivers under Local Law 147

Destructive Competition and Driver Standing: The First Department Opens the Courthouse Door to NYC For‑Hire Vehicle Drivers under Local Law 147

Date: Nov 29, 2025
Destructive Competition and Driver Standing: The First Department Opens the Courthouse Door to NYC For‑Hire Vehicle Drivers under Local Law 147 I. Introduction Matter of New York Taxi Workers...
People v. Wiggins: Trial‑Court Discretion and Allegations of Racial Bias in Jury Deliberations

People v. Wiggins: Trial‑Court Discretion and Allegations of Racial Bias in Jury Deliberations

Date: Nov 29, 2025
People v. Wiggins: Trial‑Court Discretion and Allegations of Racial Bias in Jury Deliberations I. Introduction In People v. Wiggins, 2025 NY Slip Op 06539 (Nov. 25, 2025), the New York Court of...
Retroactive Application and Constitutional Validity of New York’s Foreclosure Abuse Prevention Act: Commentary on Van Dyke v. U.S. Bank, N.A.

Retroactive Application and Constitutional Validity of New York’s Foreclosure Abuse Prevention Act: Commentary on Van Dyke v. U.S. Bank, N.A.

Date: Nov 29, 2025
Retroactive Application and Constitutional Validity of New York’s Foreclosure Abuse Prevention Act (FAPA): A Commentary on Van Dyke v. U.S. Bank, Natl. Assn., 2025 NY Slip Op 06537 I. Introduction...
Retroactive Estoppel and Mortgage Acceleration: The New York Court of Appeals' Interpretation of FAPA § 7 in Article 13 LLC v. Ponce De Leon Federal Bank

Retroactive Estoppel and Mortgage Acceleration: The New York Court of Appeals' Interpretation of FAPA § 7 in Article 13 LLC v. Ponce De Leon Federal Bank

Date: Nov 29, 2025
Retroactive Estoppel and Mortgage Acceleration: The New York Court of Appeals' Interpretation of FAPA § 7 in Article 13 LLC v. Ponce De Leon Federal Bank I. Introduction A. The Case in Context The...
People v. Williams (2025): Inaccurate CPL 30.30 (5‑a) Certifications Do Not Invalidate Statements of Readiness

People v. Williams (2025): Inaccurate CPL 30.30 (5‑a) Certifications Do Not Invalidate Statements of Readiness

Date: Nov 29, 2025
People v. Williams (2025): Inaccurate CPL 30.30 (5‑a) Certifications Do Not Invalidate Statements of Readiness I. Introduction In People v. Williams, 2025 NY Slip Op 06535 (NY Ct App Nov. 25, 2025),...
People v Leighton R.: New York Adopts a Totality-of-the-Circumstances Test for Anonymous 911-Based Vehicle Stops

People v Leighton R.: New York Adopts a Totality-of-the-Circumstances Test for Anonymous 911-Based Vehicle Stops

Date: Nov 29, 2025
People v Leighton R.: New York Adopts a Totality-of-the-Circumstances Test for Anonymous 911-Based Vehicle Stops I. Introduction The New York Court of Appeals’ decision in People v Leighton R., 2025...
No Termination Without Meaningful Representation: Effective Assistance of Counsel in New York Termination of Parental Rights Proceedings After Matter of Parker J. (Beth F.)

No Termination Without Meaningful Representation: Effective Assistance of Counsel in New York Termination of Parental Rights Proceedings After Matter of Parker J. (Beth F.)

Date: Nov 29, 2025
No Termination Without Meaningful Representation: Effective Assistance of Counsel in New York Termination of Parental Rights Proceedings After Matter of Parker J. (Beth F.) I. Introduction The New...
Extraordinary Workplace Exposure and the “Prevalence” Framework: COVID‑19 as a Compensable Accidental Injury in New York Workers’ Compensation Law

Extraordinary Workplace Exposure and the “Prevalence” Framework: COVID‑19 as a Compensable Accidental Injury in New York Workers’ Compensation Law

Date: Nov 29, 2025
Extraordinary Workplace Exposure and the “Prevalence” Framework: COVID‑19 as a Compensable Accidental Injury in New York Workers’ Compensation Law I. Introduction In Matter of Aungst v. Family...
Matter of McLaurin v. NYC Transit Authority: Reaffirming the “Normal Work Environment” Standard for Psychological COVID‑19 Stress Claims

Matter of McLaurin v. NYC Transit Authority: Reaffirming the “Normal Work Environment” Standard for Psychological COVID‑19 Stress Claims

Date: Nov 29, 2025
Matter of McLaurin v. NYC Transit Authority: Reaffirming the “Normal Work Environment” Standard for Psychological COVID‑19 Stress Claims I. Introduction Matter of McLaurin v. New York City Transit...
Facial Constitutional Challenges, Appeal Waivers, and New York’s Firearm Licensing Scheme After Bruen: Commentary on People v. Johnson

Facial Constitutional Challenges, Appeal Waivers, and New York’s Firearm Licensing Scheme After Bruen: Commentary on People v. Johnson

Date: Nov 29, 2025
Facial Constitutional Challenges, Appeal Waivers, and New York’s Firearm Licensing Scheme After Bruen: Commentary on People v. Johnson I. Introduction People v. Johnson, 2025 NY Slip Op 06528 (Nov....
Limiting No‑Fault Eligibility Denials to Foundational Licensing Violations: Commentary on Government Employees Ins. Co. v. Mayzenberg

Limiting No‑Fault Eligibility Denials to Foundational Licensing Violations: Commentary on Government Employees Ins. Co. v. Mayzenberg

Date: Nov 29, 2025
Limiting No‑Fault Eligibility Denials to Foundational Licensing Violations: Commentary on Government Employees Ins. Co. v. Mayzenberg I. Introduction The New York Court of Appeals’ decision in...
Actual Use, Not Intended Purpose: Deference to Trial Fact‑Finding in Zoning‑Based Challenges to RPTL § 420‑a Exemptions

Actual Use, Not Intended Purpose: Deference to Trial Fact‑Finding in Zoning‑Based Challenges to RPTL § 420‑a Exemptions

Date: Nov 29, 2025
Actual Use, Not Intended Purpose: Deference to Trial Fact‑Finding in Zoning‑Based Challenges to RPTL § 420‑a Exemptions I. Introduction In Matter of First United Methodist Church in Flushing v....
Belated Civil-Rights Removal Theories Cannot Salvage Nonappealable Remand Orders: Commentary on Jane F. Girard v. Marissa Girard

Belated Civil-Rights Removal Theories Cannot Salvage Nonappealable Remand Orders: Commentary on Jane F. Girard v. Marissa Girard

Date: Nov 29, 2025
Belated Civil-Rights Removal Theories Cannot Salvage Nonappealable Remand Orders: Commentary on Jane F. Girard v. Marissa Girard I. Introduction The Seventh Circuit’s decision in Jane F. Girard v....
United States v. Felton: Confidential Informant Credibility Omissions, Probable Cause, and the Right to a Franks Hearing

United States v. Felton: Confidential Informant Credibility Omissions, Probable Cause, and the Right to a Franks Hearing

Date: Nov 29, 2025
United States v. Felton: Confidential Informant Credibility Omissions, Probable Cause, and the Right to a Franks Hearing I. Introduction In United States v. Donald R. Felton, No. 23‑1352 (7th Cir....
United States v. Cohen: False Statements About Another’s Sex‑Offender Registration “Relate To” Sex Offenses for Sentencing Purposes

United States v. Cohen: False Statements About Another’s Sex‑Offender Registration “Relate To” Sex Offenses for Sentencing Purposes

Date: Nov 29, 2025
United States v. Cohen: False Statements About Another’s Sex‑Offender Registration “Relate To” Sex Offenses for Sentencing Purposes I. Introduction In United States v. James A. Cohen, No. 25‑1746...
Professional Judgment, Unknown Risks, and Prison Medical Care: Commentary on Sawyer v. Kottemann (7th Cir. 2025)

Professional Judgment, Unknown Risks, and Prison Medical Care: Commentary on Sawyer v. Kottemann (7th Cir. 2025)

Date: Nov 29, 2025
Professional Judgment, Unknown Risks, and Prison Medical Care: A Commentary on Sawyer v. Kottemann (7th Cir. 2025) Note: This commentary is for informational and educational purposes only and does...
Stermer v. Old Republic: Reasonably Equivalent Value, Contingent Interests, and Strict Limits on Successor Liability in Bankruptcy Fraudulent Transfer Litigation

Stermer v. Old Republic: Reasonably Equivalent Value, Contingent Interests, and Strict Limits on Successor Liability in Bankruptcy Fraudulent Transfer Litigation

Date: Nov 29, 2025
Stermer v. Old Republic: Reasonably Equivalent Value, Contingent Interests, and Strict Limits on Successor Liability in Bankruptcy Fraudulent Transfer Litigation I. Introduction The Eleventh...
Extending the Pioneer “Excusable Neglect” Standard to Criminal Rule 45 Motions: A Commentary on United States v. Beaufils

Extending the Pioneer “Excusable Neglect” Standard to Criminal Rule 45 Motions: A Commentary on United States v. Beaufils

Date: Nov 29, 2025
Extending the Pioneer “Excusable Neglect” Standard to Criminal Rule 45 Motions: A Commentary on United States v. Beaufils I. Introduction The Eleventh Circuit’s published decision in United States v....
Barbier v. Burns: Dual Amendment Pathways in LLC Operating Agreements and Limits on Hybrid Witness Compensation under Montana Rule 45

Barbier v. Burns: Dual Amendment Pathways in LLC Operating Agreements and Limits on Hybrid Witness Compensation under Montana Rule 45

Date: Nov 29, 2025
Barbier v. Burns: Dual Amendment Pathways in LLC Operating Agreements and Limits on Hybrid Witness Compensation under Montana Rule 45 I. Introduction Barbier v. Burns, 2025 MT ___, is a significant...
No Parental Standing to Assert a Child’s Ineffective-Assistance Claim in Termination Proceedings: Commentary on Matter of C.M.B., 2025 MT 272

No Parental Standing to Assert a Child’s Ineffective-Assistance Claim in Termination Proceedings: Commentary on Matter of C.M.B., 2025 MT 272

Date: Nov 29, 2025
No Parental Standing to Assert a Child’s Ineffective-Assistance Claim in Termination Proceedings: Commentary on Matter of C.M.B., 2025 MT 272 (Mont.) I. Introduction The Montana Supreme Court’s...
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