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  • Commentaries
  • Judgments

protected-advice-at-life’s-end:-seventh-circuit-holds-indiana’s-funeral-licensing-ban-on-death-doula-counseling-fails-even-under-intermediate-scrutiny—and-consent-orders-don’t-waive-federal-rights Case Commentaries

New Facts, New Takings: How Ongoing Government Conduct Can Defeat Preclusion and Finality in De Facto Takings — Commentary on HRT Enterprises v. City of Detroit

New Facts, New Takings: How Ongoing Government Conduct Can Defeat Preclusion and Finality in De Facto Takings — Commentary on HRT Enterprises v. City of Detroit

Date: Dec 27, 2025
New Facts, New Takings: How Ongoing Government Conduct Can Defeat Preclusion and Finality in De Facto Takings — Commentary on HRT Enterprises v. City of Detroit I. Introduction The Sixth Circuit’s...
When New Facts Defeat Preclusion in De Facto Takings: Commentary on HRT Enterprises v. City of Detroit

When New Facts Defeat Preclusion in De Facto Takings: Commentary on HRT Enterprises v. City of Detroit

Date: Dec 27, 2025
When New Facts Defeat Preclusion in De Facto Takings: Commentary on HRT Enterprises v. City of Detroit I. Introduction This commentary examines the Sixth Circuit’s published decision in HRT...
State v. Thorpe: Clarifying the Use of Prearrest Silence to Impeach a Self-Defense Claim under Connecticut’s Plain Error Doctrine

State v. Thorpe: Clarifying the Use of Prearrest Silence to Impeach a Self-Defense Claim under Connecticut’s Plain Error Doctrine

Date: Dec 27, 2025
State v. Thorpe: Clarifying the Use of Prearrest Silence to Impeach a Self-Defense Claim under Connecticut’s Plain Error Doctrine I. Introduction In State v. Thorpe, SC 21004 (Conn. Dec. 23, 2025),...
Mandatory Appeals from Misconduct Findings Before Cumulative Discipline Presentments: Commentary on Office of Chief Disciplinary Counsel v. Vaccaro

Mandatory Appeals from Misconduct Findings Before Cumulative Discipline Presentments: Commentary on Office of Chief Disciplinary Counsel v. Vaccaro

Date: Dec 27, 2025
Mandatory Appeals from Misconduct Findings Before Cumulative Discipline Presentments: Commentary on Office of Chief Disciplinary Counsel v. Vaccaro I. Introduction On December 23, 2025, the Supreme...
Face-to-Face Confrontation and the Scope of Iowa’s Phone-Call Right: A Commentary on State v. Lindaman

Face-to-Face Confrontation and the Scope of Iowa’s Phone-Call Right: A Commentary on State v. Lindaman

Date: Dec 27, 2025
Face-to-Face Confrontation and the Scope of Iowa’s Phone-Call Right: A Comprehensive Commentary on State v. Lindaman I. Introduction The Iowa Supreme Court’s decision in State v. Lindaman, No....
Personal Accountability of Immigration “Notice Attorneys” and Systemic Supervisory Failures: Commentary on In the Matter of Christopher Casey Taylor

Personal Accountability of Immigration “Notice Attorneys” and Systemic Supervisory Failures: Commentary on In the Matter of Christopher Casey Taylor

Date: Dec 27, 2025
Personal Accountability of Immigration “Notice Attorneys” and Systemic Supervisory Failures: Commentary on In the Matter of Christopher Casey Taylor 1. Introduction This disciplinary opinion from the...
Peregrine Interests LLC v. Todd: Member Withdrawal Is Not a “Transfer” Under the New Hampshire LLC Act Absent Express Contractual Limitation

Peregrine Interests LLC v. Todd: Member Withdrawal Is Not a “Transfer” Under the New Hampshire LLC Act Absent Express Contractual Limitation

Date: Dec 27, 2025
Peregrine Interests LLC v. Todd: Member Withdrawal Is Not a “Transfer” Under the New Hampshire LLC Act Absent Express Contractual Limitation I. Introduction In Peregrine Interests LLC & a. v. Todd,...
State v. Thet: Clarifying When Treating Physicians May Testify About a Sexual‑Assault Victim’s “Trauma History” Without Impermissible Credibility Bolstering

State v. Thet: Clarifying When Treating Physicians May Testify About a Sexual‑Assault Victim’s “Trauma History” Without Impermissible Credibility Bolstering

Date: Dec 27, 2025
State v. Thet: Clarifying When Treating Physicians May Testify About a Sexual‑Assault Victim’s “Trauma History” Without Impermissible Credibility Bolstering I. Introduction The Supreme Court of New...
No Laches in Criminal Mandamus and Exhausted Arrest Warrants in the CNMI: Commentary on In re Commonwealth, 2025 MP 14

No Laches in Criminal Mandamus and Exhausted Arrest Warrants in the CNMI: Commentary on In re Commonwealth, 2025 MP 14

Date: Dec 27, 2025
No Laches in Criminal Mandamus and Exhausted Arrest Warrants in the CNMI: Commentary on In re Commonwealth, 2025 MP 14 I. Introduction The Supreme Court of the Commonwealth of the Northern Mariana...
The Attachment of the Right to Counsel in Criminal Contempt: Commentary on Macaranas v. Macaranas (2025 MP 13)

The Attachment of the Right to Counsel in Criminal Contempt: Commentary on Macaranas v. Macaranas (2025 MP 13)

Date: Dec 27, 2025
The Attachment of the Right to Counsel in Criminal Contempt Proceedings in the CNMI: A Commentary on Macaranas v. Macaranas, 2025 MP 13 1. Introduction This commentary examines the Supreme Court of...
Yellin v. Revival Property Group, LLC: Pleading Fraud and Breach of Fiduciary Duty Against Undisclosed Dual Real Estate Agents

Yellin v. Revival Property Group, LLC: Pleading Fraud and Breach of Fiduciary Duty Against Undisclosed Dual Real Estate Agents

Date: Dec 27, 2025
Yellin v. Revival Property Group, LLC: Pleading Fraud and Breach of Fiduciary Duty Against Undisclosed Dual Real Estate Agents I. Introduction The Appellate Division, Second Department’s decision in...
Shepherd v. Gallo Restaurant of Patchogue, LLC: Dram Shop Liability Beyond Premises Boundaries and the Limits of Duties Owed by Landowners and Security Contractors

Shepherd v. Gallo Restaurant of Patchogue, LLC: Dram Shop Liability Beyond Premises Boundaries and the Limits of Duties Owed by Landowners and Security Contractors

Date: Dec 27, 2025
Shepherd v. Gallo Restaurant of Patchogue, LLC: Dram Shop Liability Beyond Premises Boundaries and the Limits of Duties Owed by Landowners and Security Contractors I. Introduction A. Background and...
Constructive Notice, Failure to Inspect, and Jury Deference in Premises Cases: Commentary on Selis v. Town of North Hempstead

Constructive Notice, Failure to Inspect, and Jury Deference in Premises Cases: Commentary on Selis v. Town of North Hempstead

Date: Dec 27, 2025
Constructive Notice, Failure to Inspect, and Jury Deference in Premises Cases: Commentary on Selis v. Town of North Hempstead 1. Introduction Selis v. Town of North Hempstead, 2025 NY Slip Op 07326...
Morales v. 88th Avenue Owner, LLC: Overhead Sparks, Ordinary Construction Risks, and the Limits of Labor Law §240(1) and 12 NYCRR 23‑1.8(a)

Morales v. 88th Avenue Owner, LLC: Overhead Sparks, Ordinary Construction Risks, and the Limits of Labor Law §240(1) and 12 NYCRR 23‑1.8(a)

Date: Dec 27, 2025
Morales v. 88th Avenue Owner, LLC: Overhead Sparks, Ordinary Construction Risks, and the Limits of Labor Law §240(1) and 12 NYCRR 23‑1.8(a) I. Introduction The Appellate Division, Second Department’s...
Specificity in Proving COVID‑19 Immunity and Strict Wrongful Death Limitation Periods: Commentary on Macru v. Shorefront Operating, LLC

Specificity in Proving COVID‑19 Immunity and Strict Wrongful Death Limitation Periods: Commentary on Macru v. Shorefront Operating, LLC

Date: Dec 27, 2025
Specificity in Proving COVID‑19 Immunity and Strict Wrongful Death Limitation Periods: Commentary on Macru v. Shorefront Operating, LLC I. Introduction The Appellate Division, Second Department’s...
Hoisted Light Pole Bases as Elevation-Related Hazards: Kelly v. RBSL Realty, LLC and the Scope of Owner and Subcontractor Liability Under New York Labor Law

Hoisted Light Pole Bases as Elevation-Related Hazards: Kelly v. RBSL Realty, LLC and the Scope of Owner and Subcontractor Liability Under New York Labor Law

Date: Dec 27, 2025
Hoisted Light Pole Bases as Elevation-Related Hazards: Kelly v. RBSL Realty, LLC and the Scope of Owner and Subcontractor Liability Under New York Labor Law 1. Introduction The Appellate Division,...
Mandatory CPLR 3408 Conferences and “Appearance” Under CPLR 3215(g): Commentary on HSBC Bank USA, N.A. v. Saris

Mandatory CPLR 3408 Conferences and “Appearance” Under CPLR 3215(g): Commentary on HSBC Bank USA, N.A. v. Saris

Date: Dec 27, 2025
Mandatory CPLR 3408 Conferences Are Not an “Appearance” for CPLR 3215(g) Notice Purposes: Commentary on HSBC Bank USA, N.A. v. Saris I. Introduction In HSBC Bank USA, N.A. v. Saris, 2025 NY Slip Op...
Narrowing COVID‑19 Health Care Immunity: EDTPA and Non‑COVID Injuries After the 2020 Amendment – Commentary on Damiani v. WSNCH North, Inc.

Narrowing COVID‑19 Health Care Immunity: EDTPA and Non‑COVID Injuries After the 2020 Amendment – Commentary on Damiani v. WSNCH North, Inc.

Date: Dec 27, 2025
Narrowing COVID‑19 Health Care Immunity: EDTPA and Non‑COVID Injuries After the 2020 Amendment Commentary on Damiani v. WSNCH North, Inc., 2025 NY Slip Op 07278 (2d Dept) I. Introduction The...
Bremner v. Bush: Social-Media Defamation, Documentary Evidence, Anti‑SLAPP Retroactivity, and the Single‑Motion Rule

Bremner v. Bush: Social-Media Defamation, Documentary Evidence, Anti‑SLAPP Retroactivity, and the Single‑Motion Rule

Date: Dec 27, 2025
Bremner v. Bush: Social-Media Defamation, Documentary Evidence, Anti‑SLAPP Retroactivity, and the Single‑Motion Rule I. Introduction Bremner v. Bush, 2025 NY Slip Op 07271 (App Div 2d Dept, Dec. 24,...
Contextual Intimacy Under the Adult Survivors Act: Aguilar v. Wishner and the Scope of “Sexual or Other Intimate Parts”

Contextual Intimacy Under the Adult Survivors Act: Aguilar v. Wishner and the Scope of “Sexual or Other Intimate Parts”

Date: Dec 27, 2025
Contextual Intimacy Under the Adult Survivors Act: Aguilar v. Wishner and the Scope of “Sexual or Other Intimate Parts” I. Introduction In Aguilar v. Wishner, 2025 NY Slip Op 07265 (App Div 2d Dept),...
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