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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

State v. Kruger and the Rejection of a Fixed Remoteness Cutoff for Victim’s Prior Acts in Self‑Defense Cases

State v. Kruger and the Rejection of a Fixed Remoteness Cutoff for Victim’s Prior Acts in Self‑Defense Cases

Date: Nov 23, 2025
State v. Kruger and the Rejection of a Fixed Remoteness Cutoff for Victim’s Prior Acts in Self‑Defense Cases I. Introduction The Nebraska Supreme Court’s decision in State v. Kruger, 320 Neb. 361...
Postconviction Discovery and the Materiality of Impeachment Evidence: Commentary on State v. Butler (Kan. 2025)

Postconviction Discovery and the Materiality of Impeachment Evidence: Commentary on State v. Butler (Kan. 2025)

Date: Nov 23, 2025
Postconviction Discovery and the Materiality of Impeachment Evidence: A Commentary on State v. Butler, 125,636 (Kan. Nov. 21, 2025) I. Introduction The Kansas Supreme Court’s decision in State v....
Liberal Amendment and Defamation by Implication in Professional Transitions: Commentary on Armbruster Capital Mgt., Inc. v. Barrett

Liberal Amendment and Defamation by Implication in Professional Transitions: Commentary on Armbruster Capital Mgt., Inc. v. Barrett

Date: Nov 23, 2025
Liberal Amendment and Defamation by Implication in Professional Transitions: Commentary on Armbruster Capital Management, Inc. v. Barrett I. Introduction The Fourth Department’s decision in...
Caruso v. St. Elizabeth Medical Center: Expert Affidavits, Timely Specialist Consultation, and Hospital/Vicarious Liability at the Summary Judgment Stage

Caruso v. St. Elizabeth Medical Center: Expert Affidavits, Timely Specialist Consultation, and Hospital/Vicarious Liability at the Summary Judgment Stage

Date: Nov 23, 2025
Caruso v. St. Elizabeth Medical Center: Expert Affidavits, Timely Specialist Consultation, and Hospital/Vicarious Liability at the Summary Judgment Stage I. Introduction The Appellate Division,...
Retroactive Application and Constitutionality of New York’s Foreclosure Abuse Prevention Act: Commentary on Deutsche Bank Natl. Trust Co. v. Testa

Retroactive Application and Constitutionality of New York’s Foreclosure Abuse Prevention Act: Commentary on Deutsche Bank Natl. Trust Co. v. Testa

Date: Nov 23, 2025
Retroactive Application and Constitutionality of New York’s Foreclosure Abuse Prevention Act (FAPA): Commentary on Deutsche Bank Natl. Trust Co. v. Testa, 2025 NY Slip Op 06418 (4th Dept) I....
No Vested Right in Dilatory Foreclosure Prosecutions: Retroactive Application of FAPA and CPLR 205-a in MCLP Asset Co., Inc. v. Zaveri

No Vested Right in Dilatory Foreclosure Prosecutions: Retroactive Application of FAPA and CPLR 205-a in MCLP Asset Co., Inc. v. Zaveri

Date: Nov 23, 2025
No Vested Right in Dilatory Foreclosure Prosecutions: Retroactive Application of FAPA and CPLR 205-a in MCLP Asset Co., Inc. v. Zaveri I. Introduction MCLP Asset Co., Inc. v. Zaveri, 2025 NY Slip Op...
Maloney v. DeRoberts: Expert Disclosure, Witness Management, and Negligent Spoliation in New York Medical Malpractice Trials

Maloney v. DeRoberts: Expert Disclosure, Witness Management, and Negligent Spoliation in New York Medical Malpractice Trials

Date: Nov 23, 2025
Maloney v. DeRoberts: Expert Disclosure, Witness Management, and Negligent Spoliation in New York Medical Malpractice Trials I. Introduction The Appellate Division, Fourth Department’s decision in...
Murphy v. Kaleida Health: Discoverability of ICU Staffing Records and Limits on Plaintiff Letters Undermining Arons Authorizations

Murphy v. Kaleida Health: Discoverability of ICU Staffing Records and Limits on Plaintiff Letters Undermining Arons Authorizations

Date: Nov 23, 2025
Murphy v. Kaleida Health: Discoverability of ICU Staffing Records and Limits on Plaintiff Letters Undermining Arons Authorizations I. Introduction The Appellate Division, Fourth Department’s decision...
People v. Anderson: Appeal Waivers and Privacy Expectations in Terminated Short‑Term Rentals

People v. Anderson: Appeal Waivers and Privacy Expectations in Terminated Short‑Term Rentals

Date: Nov 23, 2025
People v. Anderson (2025): Appeal Waivers and Privacy Expectations in Terminated Short‑Term Rentals 1. Introduction People v. Anderson, 2025 NY Slip Op 06416, decided by the Appellate Division,...
People v. Belstadt: Preindictment Delay, Independent Autopsy Experts, and Forensic Re‑Examination in Cold‑Case Homicides

People v. Belstadt: Preindictment Delay, Independent Autopsy Experts, and Forensic Re‑Examination in Cold‑Case Homicides

Date: Nov 23, 2025
People v. Belstadt: Preindictment Delay, Independent Autopsy Experts, and Forensic Re‑Examination in Cold‑Case Homicides Introduction People v. Belstadt, 2025 NY Slip Op 06460 (4th Dept Nov. 21,...
People v. Brown (2025): Enforcing the Right to In‑Person Sentencing and Harmless-Error Review of Overbroad Cell Phone Warrants

People v. Brown (2025): Enforcing the Right to In‑Person Sentencing and Harmless-Error Review of Overbroad Cell Phone Warrants

Date: Nov 23, 2025
People v. Brown (2025): Enforcing the Right to In‑Person Sentencing and Harmless-Error Review of Overbroad Cell Phone Warrants Introduction People v. Brown, 2025 NY Slip Op 06409 (4th Dept), is a...
Preservation of Erlinger-Based Sentencing Challenges and COVID-Era Public-Trial Claims in People v. Elmore

Preservation of Erlinger-Based Sentencing Challenges and COVID-Era Public-Trial Claims in People v. Elmore

Date: Nov 23, 2025
Preservation of Erlinger-Based Sentencing Challenges and COVID-Era Public-Trial Claims in People v. Elmore (2025) I. Introduction The Appellate Division, Fourth Department’s decision in People v....
People v Hunt: Limiting Lesser-Included False-Reporting Charges to Non-Speculative Non‑Fire Emergencies

People v Hunt: Limiting Lesser-Included False-Reporting Charges to Non-Speculative Non‑Fire Emergencies

Date: Nov 23, 2025
People v Hunt: Limiting Lesser-Included False-Reporting Charges to Non-Speculative Non‑Fire Emergencies I. Introduction In People v Hunt, 2025 NY Slip Op 06450 (4th Dept Nov. 21, 2025), the Appellate...
People v Young: Context-Based Proof of Duration and Holistic Discovery Due Diligence in New York Child Sex Offense Prosecutions

People v Young: Context-Based Proof of Duration and Holistic Discovery Due Diligence in New York Child Sex Offense Prosecutions

Date: Nov 23, 2025
People v Young (2025): Context-Based Proof of the Three‑Month Duration Element and Holistic Due‑Diligence Review of Discovery Compliance I. Introduction In People v Young, 2025 NY Slip Op 06452 (4th...
ERISA Standing, Actuarial Non‑Fiduciary Status, and High‑Risk Investment Strategies: Commentary on Carlisle v. Board of Trustees of the NYS Teamsters Fund

ERISA Standing, Actuarial Non‑Fiduciary Status, and High‑Risk Investment Strategies: Commentary on Carlisle v. Board of Trustees of the NYS Teamsters Fund

Date: Nov 23, 2025
ERISA Standing, Actuarial Non‑Fiduciary Status, and High‑Risk Investment Strategies: Commentary on Carlisle v. Board of Trustees of the New York State Teamsters Conference Pension & Retirement Fund...
Presumptive Validity of Firearms‑Training Requirements After Bruen: The Second Circuit’s Application in Corbett v. Hochul

Presumptive Validity of Firearms‑Training Requirements After Bruen: The Second Circuit’s Application in Corbett v. Hochul

Date: Nov 23, 2025
Presumptive Validity of Firearms‑Training Requirements After Bruen: The Second Circuit’s Application in Corbett v. Hochul I. Introduction In Corbett v. Hochul, No. 22‑3210‑cv (2d Cir. Nov. 21, 2025)...
Davis v. ODN I GmbH: Express Termination Rights, the Implied Covenant, and Tortious Interference under New York Law

Davis v. ODN I GmbH: Express Termination Rights, the Implied Covenant, and Tortious Interference under New York Law

Date: Nov 23, 2025
Davis v. ODN I GmbH: Express Termination Rights, the Implied Covenant, and Tortious Interference under New York Law I. Introduction The Second Circuit’s summary order in Davis v. ODN I GmbH, No....

    ADA Retaliation Without Proof of Disability and the Demands of Pretext:
    Commentary on Philbert v. New York City Department of Education (2d Cir. 2025)

ADA Retaliation Without Proof of Disability and the Demands of Pretext: Commentary on Philbert v. New York City Department of Education (2d Cir. 2025)

Date: Nov 23, 2025
ADA Retaliation Without Proof of Disability and the Demands of Pretext: Commentary on Philbert v. New York City Department of Education (2d Cir. 2025) Court: United States Court of Appeals for the...
Reaffirming UCC Gap-Filling and Corporate Officer Authority in Exclusive Distribution Agreements: Commentary on Alessi Equipment, Inc. v. American Piledriving Equipment, Inc.

Reaffirming UCC Gap-Filling and Corporate Officer Authority in Exclusive Distribution Agreements: Commentary on Alessi Equipment, Inc. v. American Piledriving Equipment, Inc.

Date: Nov 23, 2025
Reaffirming UCC Gap-Filling and Corporate Officer Authority in Exclusive Distribution Agreements: Commentary on Alessi Equipment, Inc. v. American Piledriving Equipment, Inc. I. Introduction This...
Moore v. Rubin: Punitive Damages and Consent Under the TVPA in Coercive BDSM Encounters

Moore v. Rubin: Punitive Damages and Consent Under the TVPA in Coercive BDSM Encounters

Date: Nov 23, 2025
Moore v. Rubin: Punitive Damages and Consent Under the TVPA in Coercive BDSM Encounters I. Introduction The Second Circuit’s decision in Moore v. Rubin, No. 24‑2018‑cv (2d Cir. Nov. 21, 2025), is a...
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