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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

Reese v. United Petroleum Transports: Fifth Circuit Reaffirms Gonzalez–Caston Factors for Appointing Counsel in Title VII Cases and Enforces Ragas’s Specific-Evidence Requirement on Appeal

Reese v. United Petroleum Transports: Fifth Circuit Reaffirms Gonzalez–Caston Factors for Appointing Counsel in Title VII Cases and Enforces Ragas’s Specific-Evidence Requirement on Appeal

Date: Nov 8, 2025
Reese v. United Petroleum Transports: Fifth Circuit Reaffirms Gonzalez–Caston Factors for Appointing Counsel in Title VII Cases and Enforces Ragas’s Specific-Evidence Requirement on Appeal...
Benefits Determinations Disguised as FTCA Medical Negligence Are Jurisdictionally Barred: The Fifth Circuit’s Reaffirmation in Smart v. United States

Benefits Determinations Disguised as FTCA Medical Negligence Are Jurisdictionally Barred: The Fifth Circuit’s Reaffirmation in Smart v. United States

Date: Nov 8, 2025
Benefits Determinations Disguised as FTCA Medical Negligence Are Jurisdictionally Barred: The Fifth Circuit’s Reaffirmation in Smart v. United States Introduction In Smart v. United States, No....
Moody’s Comparative Facial-Challenge Framework Governs: Fifth Circuit Vacates Drag-Show Injunction and Limits Standing to AG’s Enforcement of S.B. 12 Section One

Moody’s Comparative Facial-Challenge Framework Governs: Fifth Circuit Vacates Drag-Show Injunction and Limits Standing to AG’s Enforcement of S.B. 12 Section One

Date: Nov 8, 2025
Moody’s Comparative Facial-Challenge Framework Governs: Fifth Circuit Vacates Drag-Show Injunction and Limits Standing to AG’s Enforcement of S.B. 12 Section One Introduction In Woodlands Pride v....
Captive-Audience Care and the Limits of Taxpayer Suits: California Upholds Long‑Term Care Pronoun Protections and Clarifies § 526a Standing

Captive-Audience Care and the Limits of Taxpayer Suits: California Upholds Long‑Term Care Pronoun Protections and Clarifies § 526a Standing

Date: Nov 8, 2025
Captive-Audience Care and the Limits of Taxpayer Suits: California Upholds Long‑Term Care Pronoun Protections and Clarifies § 526a Standing Introduction This commentary analyzes the California...
Separate “Plan B” Site Plans Require a Fresh SEQRA Hard Look or a Written Waiver; Minimal Discussion Is Insufficient, and OML Requires Media Notice

Separate “Plan B” Site Plans Require a Fresh SEQRA Hard Look or a Written Waiver; Minimal Discussion Is Insufficient, and OML Requires Media Notice

Date: Nov 8, 2025
Separate “Plan B” Site Plans Require a Fresh SEQRA Hard Look or a Written Waiver; Minimal Discussion Is Insufficient, and OML Requires Media Notice Introduction In Matter of Bigelow v. Town of...
Post-Execution Conduct Can Create a Triable Issue of Confidential Relationship in Will Contests: Matter of Dibble

Post-Execution Conduct Can Create a Triable Issue of Confidential Relationship in Will Contests: Matter of Dibble

Date: Nov 8, 2025
Post-Execution Conduct Can Create a Triable Issue of Confidential Relationship in Will Contests: Matter of Dibble Court: Appellate Division, Third Department (New York) Date: November 6, 2025...
LHCSAs’ Compliance Duties Are Nondelegable: Managed Care Contracts Do Not Diminish Responsibility, and Operating During DOH Suspension Warrants Revocation

LHCSAs’ Compliance Duties Are Nondelegable: Managed Care Contracts Do Not Diminish Responsibility, and Operating During DOH Suspension Warrants Revocation

Date: Nov 8, 2025
LHCSAs’ Compliance Duties Are Nondelegable: Managed Care Contracts Do Not Diminish Responsibility, and Operating During DOH Suspension Warrants Revocation Case Information Matter of Dunkez Private...
Corroborated Hearsay and Forensic Findings Suffice as “Substantial Evidence” in SCR Expungement Challenges; Absolute Ban on Foster-Parent Corporal Punishment Reaffirmed

Corroborated Hearsay and Forensic Findings Suffice as “Substantial Evidence” in SCR Expungement Challenges; Absolute Ban on Foster-Parent Corporal Punishment Reaffirmed

Date: Nov 8, 2025
Corroborated Hearsay and Forensic Findings Suffice as “Substantial Evidence” in SCR Expungement Challenges; Absolute Ban on Foster-Parent Corporal Punishment Reaffirmed Introduction This commentary...
Supervisory Lapses as Fraud: Third Department Holds Broker’s Failure to Supervise Can Constitute “Fraudulent Practices” Under RPL § 441‑c, Independent of RPL § 442‑c’s Knowledge Requirement

Supervisory Lapses as Fraud: Third Department Holds Broker’s Failure to Supervise Can Constitute “Fraudulent Practices” Under RPL § 441‑c, Independent of RPL § 442‑c’s Knowledge Requirement

Date: Nov 8, 2025
Supervisory Lapses as Fraud: Third Department Holds Broker’s Failure to Supervise Can Constitute “Fraudulent Practices” Under RPL § 441‑c, Independent of RPL § 442‑c’s Knowledge Requirement...
Clarifying CPL 30.30 After Reindictment: Motion‑Practice Delays Remain Excludable Even When the First Indictment Is Jurisdictionally Defective

Clarifying CPL 30.30 After Reindictment: Motion‑Practice Delays Remain Excludable Even When the First Indictment Is Jurisdictionally Defective

Date: Nov 8, 2025
Clarifying CPL 30.30 After Reindictment: Motion‑Practice Delays Remain Excludable Even When the First Indictment Is Jurisdictionally Defective Introduction In People v. Ferrara, 2025 NY Slip Op 06099...
CPL 440.10 Actual Innocence Requires Live, Reliable Proof; Assigned Counsel Must Provide Meaningful Representation Once a Postconviction Hearing Is Ordered

CPL 440.10 Actual Innocence Requires Live, Reliable Proof; Assigned Counsel Must Provide Meaningful Representation Once a Postconviction Hearing Is Ordered

Date: Nov 8, 2025
CPL 440.10 Actual Innocence Requires Live, Reliable Proof; Assigned Counsel Must Provide Meaningful Representation Once a Postconviction Hearing Is Ordered Introduction In People v. Nelson, 2025 NY...
Professional Service Corporations’ Shareholder-Physician Compensation Is Recoverable as Lost Profits; Postbreach Earnings May Offset Damages

Professional Service Corporations’ Shareholder-Physician Compensation Is Recoverable as Lost Profits; Postbreach Earnings May Offset Damages

Date: Nov 8, 2025
Professional Service Corporations’ Shareholder-Physician Compensation Is Recoverable as Lost Profits; Postbreach Earnings May Offset Damages Introduction In Radiation Oncology Servs. of Cent. N.Y.,...
Lost Note, No Bar: Rhode Island Reaffirms Mortgagee’s Power to Foreclose Without Possessing the Note and Limits UCC § 6A-3-309 to Note Enforcement

Lost Note, No Bar: Rhode Island Reaffirms Mortgagee’s Power to Foreclose Without Possessing the Note and Limits UCC § 6A-3-309 to Note Enforcement

Date: Nov 8, 2025
Lost Note, No Bar: Rhode Island Reaffirms Mortgagee’s Power to Foreclose Without Possessing the Note and Limits UCC § 6A-3-309 to Note Enforcement Introduction In Porch Swing Holdings LLC v. Wayne A....
Nevada Adopts Mixed Standard of Review for Suppression of Pretrial Identifications; Flight Instruction Error Harmless — Camacho (Ocean) v. State, 141 Nev., Adv. Op. 52 (2025)

Nevada Adopts Mixed Standard of Review for Suppression of Pretrial Identifications; Flight Instruction Error Harmless — Camacho (Ocean) v. State, 141 Nev., Adv. Op. 52 (2025)

Date: Nov 8, 2025
Nevada Adopts Mixed Standard of Review for Suppression of Pretrial Identifications; Flight Instruction Error Harmless Introduction In Camacho (Ocean) v. State, 141 Nev., Advance Opinion 52 (Nov. 6,...
Nevada Adopts Data-Targeting as Express Aiming and Limits § 230 for Design‑Based Youth‑Safety Claims: TikTok v. Eighth Judicial District Court

Nevada Adopts Data-Targeting as Express Aiming and Limits § 230 for Design‑Based Youth‑Safety Claims: TikTok v. Eighth Judicial District Court

Date: Nov 8, 2025
Nevada Adopts Data-Targeting as Express Aiming and Limits § 230 for Design‑Based Youth‑Safety Claims Commentary on TikTok, Inc. v. Eighth Judicial District Court (State of Nevada), 141 Nev., Adv. Op....
No Per Se Prejudice from Lost Appeal; Electronic Service Starts Reopening Clock — Azamov v. Bondi (2d Cir. 2025)

No Per Se Prejudice from Lost Appeal; Electronic Service Starts Reopening Clock — Azamov v. Bondi (2d Cir. 2025)

Date: Nov 8, 2025
No Per Se Prejudice from Lost Appeal; Electronic Service Starts Reopening Clock — Azamov v. Bondi (2d Cir. 2025) Court: United States Court of Appeals for the Second Circuit (Summary Order —...
Speculation Is Not Prejudice: The Second Circuit’s Doubly Deferential Strickland–AEDPA Framework Illustrated in Cortez v. Kopp

Speculation Is Not Prejudice: The Second Circuit’s Doubly Deferential Strickland–AEDPA Framework Illustrated in Cortez v. Kopp

Date: Nov 8, 2025
Speculation Is Not Prejudice: The Second Circuit’s Doubly Deferential Strickland–AEDPA Framework Illustrated in Cortez v. Kopp Note: This decision is a Summary Order of the U.S. Court of Appeals for...
Precision Required in Big Apple Map Prior Written Notice and Bar on Post‑Discovery Expansion of § 50‑e Claim Locations

Precision Required in Big Apple Map Prior Written Notice and Bar on Post‑Discovery Expansion of § 50‑e Claim Locations

Date: Nov 8, 2025
Precision Required in Big Apple Map Prior Written Notice and Bar on Post‑Discovery Expansion of § 50‑e Claim Locations Case: Lieder v. City of New York, No. 24-3071-cv (2d Cir. Nov. 6, 2025) (summary...
Preservation Is Paramount: Second Circuit Affirms Verdict in Tatas v. Ali Baba’s Terrace Inc. on Waiver, Plain Error, and Rule 403 Discretion

Preservation Is Paramount: Second Circuit Affirms Verdict in Tatas v. Ali Baba’s Terrace Inc. on Waiver, Plain Error, and Rule 403 Discretion

Date: Nov 8, 2025
Preservation Is Paramount: Second Circuit Affirms Verdict in Tatas v. Ali Baba’s Terrace Inc. on Waiver, Plain Error, and Rule 403 Discretion Introduction In a non-precedential summary order, the...
“Good Cause” Means New, Uncontrollable Grounds Plus Diligence: Second Circuit Clarifies § 1455(b)(1) and Reopens the Door to Post‑Trial Federal Officer Removal in New York v. Trump

“Good Cause” Means New, Uncontrollable Grounds Plus Diligence: Second Circuit Clarifies § 1455(b)(1) and Reopens the Door to Post‑Trial Federal Officer Removal in New York v. Trump

Date: Nov 8, 2025
“Good Cause” Means New, Uncontrollable Grounds Plus Diligence: Second Circuit Clarifies § 1455(b)(1) and Reopens the Door to Post‑Trial Federal Officer Removal in New York v. Trump Introduction This...
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