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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

Broad “Relating To” Under § 2251(e) Survives Plain-Error Review: Applying the Enhancement to an Illinois Predicate that Also Protects Adults with Severe Intellectual Disabilities

Broad “Relating To” Under § 2251(e) Survives Plain-Error Review: Applying the Enhancement to an Illinois Predicate that Also Protects Adults with Severe Intellectual Disabilities

Date: Nov 15, 2025
Broad “Relating To” Under § 2251(e) Survives Plain-Error Review: Applying the Enhancement to an Illinois Predicate that Also Protects Adults with Severe Intellectual Disabilities Introduction In...
Ohio Supreme Court Signals Impending Clarification of R.C. 2921.31 and Exercises Robust Supervisory Writ Authority: Commentary on 11/12/2025 Case Announcements (2025-Ohio-5079)

Ohio Supreme Court Signals Impending Clarification of R.C. 2921.31 and Exercises Robust Supervisory Writ Authority: Commentary on 11/12/2025 Case Announcements (2025-Ohio-5079)

Date: Nov 15, 2025
Ohio Supreme Court Signals Impending Clarification of R.C. 2921.31 and Exercises Robust Supervisory Writ Authority: Commentary on 11/12/2025 Case Announcements (2025-Ohio-5079) Introduction This...
Shading the Truth Disqualifies: Ohio Supreme Court Denies UBE-Transfer Admission for Abandonment and Lack of Candor, but Allows Rehabilitation Window (In re Application of Dempsey, 2025-Ohio-5059)

Shading the Truth Disqualifies: Ohio Supreme Court Denies UBE-Transfer Admission for Abandonment and Lack of Candor, but Allows Rehabilitation Window (In re Application of Dempsey, 2025-Ohio-5059)

Date: Nov 15, 2025
Shading the Truth Disqualifies: Ohio Supreme Court Denies UBE-Transfer Admission for Abandonment and Lack of Candor, but Allows Rehabilitation Window Case: In re Application of Dempsey, Slip Opinion...
State v. Musarra: Venue Insufficiency Is a Dismissal, Not an Acquittal—Prosecution May Appeal as of Right Under R.C. 2945.67(A)

State v. Musarra: Venue Insufficiency Is a Dismissal, Not an Acquittal—Prosecution May Appeal as of Right Under R.C. 2945.67(A)

Date: Nov 15, 2025
State v. Musarra: Venue Insufficiency Is a Dismissal, Not an Acquittal—Prosecution May Appeal as of Right Under R.C. 2945.67(A) Introduction In State v. Musarra, 2025-Ohio-5058, the Supreme Court of...
Uniformity Means Uniform Within Reasonable Classes: Delaware Supreme Court Upholds Split‑Rate School Taxation and Clarifies “Projected Revenue” Under HB242

Uniformity Means Uniform Within Reasonable Classes: Delaware Supreme Court Upholds Split‑Rate School Taxation and Clarifies “Projected Revenue” Under HB242

Date: Nov 15, 2025
Uniformity Means Uniform Within Reasonable Classes: Delaware Supreme Court Upholds Split‑Rate School Taxation and Clarifies “Projected Revenue” Under HB242 Introduction In Newark Property Association...
Accrual of Right of Sepulcher Requires Actual Awareness and Resulting Mental Anguish; Suspicion Alone Is Insufficient, and Notice-of-Claim Is Required When Municipal Indemnification Applies — Commentary on Bamonte v. Charatan

Accrual of Right of Sepulcher Requires Actual Awareness and Resulting Mental Anguish; Suspicion Alone Is Insufficient, and Notice-of-Claim Is Required When Municipal Indemnification Applies — Commentary on Bamonte v. Charatan

Date: Nov 15, 2025
Accrual of Right of Sepulcher Requires Actual Awareness and Resulting Mental Anguish; Suspicion Alone Is Insufficient, and Notice-of-Claim Is Required When Municipal Indemnification Applies — Bamonte...
Accrual, Privity, and Pleading in Successive-Counsel Malpractice: Coniglio v. Dansker & Aspromonte Associates Clarifies That a Consent to Change Attorney Starts the Limitations Clock and a Unilateral Belief Does Not Create Representation

Accrual, Privity, and Pleading in Successive-Counsel Malpractice: Coniglio v. Dansker & Aspromonte Associates Clarifies That a Consent to Change Attorney Starts the Limitations Clock and a Unilateral Belief Does Not Create Representation

Date: Nov 15, 2025
Accrual, Privity, and Pleading in Successive-Counsel Malpractice: Coniglio v. Dansker & Aspromonte Associates Clarifies That a Consent to Change Attorney Starts the Limitations Clock and a Unilateral...
Dorman v. Luva of NY, LLC: Adverse Inference Required for Email Account Spoliation; Strict Relevance Standard for Nonparty Bank Subpoenas

Dorman v. Luva of NY, LLC: Adverse Inference Required for Email Account Spoliation; Strict Relevance Standard for Nonparty Bank Subpoenas

Date: Nov 15, 2025
Dorman v. Luva of NY, LLC: Adverse Inference Required for Email Account Spoliation; Strict Relevance Standard for Nonparty Bank Subpoenas Introduction In Dorman v. Luva of NY, LLC, 2025 NY Slip Op...
No Unity-of-Interest Required to Add an Impleaded Party: Second Department Reaffirms Duffy Relation-Back Rule in Egelandsdal v. Massaro

No Unity-of-Interest Required to Add an Impleaded Party: Second Department Reaffirms Duffy Relation-Back Rule in Egelandsdal v. Massaro

Date: Nov 15, 2025
No Unity-of-Interest Required to Add an Impleaded Party: Second Department Reaffirms Duffy Relation-Back Rule in Egelandsdal v. Massaro Court: Appellate Division of the Supreme Court, Second...
No Vacatur Without a Proven Reasonable Excuse: Mistaken Case Identity, Unsubstantiated Relocation, and Prior-Action Nondisclosure Rejected under CPLR 5015(a) — Sabo v. Eisenberg

No Vacatur Without a Proven Reasonable Excuse: Mistaken Case Identity, Unsubstantiated Relocation, and Prior-Action Nondisclosure Rejected under CPLR 5015(a) — Sabo v. Eisenberg

Date: Nov 15, 2025
No Vacatur Without a Proven Reasonable Excuse: Mistaken Case Identity, Unsubstantiated Relocation, and Prior-Action Nondisclosure Rejected under CPLR 5015(a) — Sabo v. Eisenberg Court: Appellate...
Advocate–Witness Disqualification Narrowed; COVID-19 Filing Disruptions Are “Good Cause” to Extend CPLR 3212 Deadlines — Commentary on Schmidt v. Capone (2025)

Advocate–Witness Disqualification Narrowed; COVID-19 Filing Disruptions Are “Good Cause” to Extend CPLR 3212 Deadlines — Commentary on Schmidt v. Capone (2025)

Date: Nov 15, 2025
Advocate–Witness Disqualification Narrowed; COVID-19 Filing Disruptions Are “Good Cause” to Extend CPLR 3212 Deadlines Comprehensive Commentary on Schmidt v. Capone, 2025 NY Slip Op 06206 (2d Dept....
Only Servicemembers May Vacate Default Judgments for Missing SCRA Affidavit; Inquest Required When Damages Are Not a Sum Certain

Only Servicemembers May Vacate Default Judgments for Missing SCRA Affidavit; Inquest Required When Damages Are Not a Sum Certain

Date: Nov 15, 2025
Only Servicemembers May Vacate Default Judgments for Missing SCRA Affidavit; Inquest Required When Damages Are Not a Sum Certain Introduction In Tri-Rail Designers & Builders, Inc. v. Concrete...
FAPA’s Retroactive Bar on Unilateral De‑Acceleration Applies to Unenforced Foreclosure Judgments: U.S. Bank Trust, N.A. v. Miele

FAPA’s Retroactive Bar on Unilateral De‑Acceleration Applies to Unenforced Foreclosure Judgments: U.S. Bank Trust, N.A. v. Miele

Date: Nov 15, 2025
FAPA’s Retroactive Bar on Unilateral De‑Acceleration Applies to Unenforced Foreclosure Judgments: U.S. Bank Trust, N.A. v. Miele Introduction In U.S. Bank Trust, N.A. v. Miele, 2025 NY Slip Op 06211...
FAPA Applies to Unenforced Foreclosure Judgments; Unilateral De‑Acceleration Cannot Revive the Statute of Limitations — US Bank N.A. v. Livoti

FAPA Applies to Unenforced Foreclosure Judgments; Unilateral De‑Acceleration Cannot Revive the Statute of Limitations — US Bank N.A. v. Livoti

Date: Nov 15, 2025
FAPA Applies to Unenforced Foreclosure Judgments; Unilateral De‑Acceleration Cannot Revive the Statute of Limitations — US Bank N.A. v. Livoti Introduction This commentary analyzes the Appellate...
Premature College-Expense Orders and Equal Division of 529 Plans: Sun v. Zhou Clarifies Key Equitable-Distribution Rules

Premature College-Expense Orders and Equal Division of 529 Plans: Sun v. Zhou Clarifies Key Equitable-Distribution Rules

Date: Nov 15, 2025
Premature College-Expense Orders and Equal Division of 529 Plans: Sun v. Zhou Clarifies Key Equitable-Distribution Rules Introduction In Wen Wen Sun v. Ti Zhou, 2025 NY Slip Op 06217 (App Div, 2d...
When Courts Permit Video Appearance, They Must Clarify Limits Upfront: Mid‑Trial Denial of Defendant’s Video Testimony Is Abuse of Discretion; Accountability Proven Across Closely‑Linked Transactions

When Courts Permit Video Appearance, They Must Clarify Limits Upfront: Mid‑Trial Denial of Defendant’s Video Testimony Is Abuse of Discretion; Accountability Proven Across Closely‑Linked Transactions

Date: Nov 15, 2025
When Courts Permit Video Appearance, They Must Clarify Limits Upfront: Mid‑Trial Denial of Defendant’s Video Testimony Is Abuse of Discretion; Accountability Proven Across Closely‑Linked Transactions...
Estate of Damjanovich: Holographic Will Valid Only to Appoint Personal Representative; No Power of Appointment Without Transfer and Identifiable Appointees under § 72‑7‑201, MCA

Estate of Damjanovich: Holographic Will Valid Only to Appoint Personal Representative; No Power of Appointment Without Transfer and Identifiable Appointees under § 72‑7‑201, MCA

Date: Nov 15, 2025
Estate of Damjanovich: Holographic Will Valid Only to Appoint Personal Representative; No Power of Appointment Without Transfer and Identifiable Appointees under § 72‑7‑201, MCA Introduction In...
Mandatory Cross-Examination at Montana Protection-Order Hearings and Appellate Remand on Inadequate Records: Commentary on Hennon v. Weber, 2025 MT 260

Mandatory Cross-Examination at Montana Protection-Order Hearings and Appellate Remand on Inadequate Records: Commentary on Hennon v. Weber, 2025 MT 260

Date: Nov 15, 2025
Mandatory Cross-Examination at Montana Protection-Order Hearings and Appellate Remand on Inadequate Records: Commentary on Hennon v. Weber, 2025 MT 260 Introduction In Hennon v. Weber, 2025 MT 260,...
Nonprecedential Affirmance: Applying Law-of-the-Case and Best-Interests Standards to Modify a Third-Party Parenting Plan in Montana

Nonprecedential Affirmance: Applying Law-of-the-Case and Best-Interests Standards to Modify a Third-Party Parenting Plan in Montana

Date: Nov 15, 2025
Nonprecedential Affirmance: Applying Law-of-the-Case and Best-Interests Standards to Modify a Third-Party Parenting Plan in Montana Introduction In Parenting of L.M.A.R. & N.R.R. (DA 25-0305), the...
Deferred Prosecution Agreements Cannot Be Incorporated into Plea Agreements under Montana Law: State v. Pein (2025 MT 258)

Deferred Prosecution Agreements Cannot Be Incorporated into Plea Agreements under Montana Law: State v. Pein (2025 MT 258)

Date: Nov 15, 2025
Deferred Prosecution Agreements Cannot Be Incorporated into Plea Agreements under Montana Law Commentary on State v. Pein, 2025 MT 258 (Mont. Nov. 12, 2025) Introduction In State v. Pein, the Supreme...
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