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reinforcing-the-implied-covenant-of-good-faith-in-commercial-development-contracts:-anthony& Case Commentaries

Permanent Disbarment for Repeated Misconduct and Lack of Rehabilitation: In Re Kevin Michael Steel

Permanent Disbarment for Repeated Misconduct and Lack of Rehabilitation: In Re Kevin Michael Steel

Date: Jun 10, 2025
Permanent Disbarment for Repeated Misconduct and Lack of Rehabilitation Introduction In In Re: Kevin Michael Steel, 2025-SC-LA-B-01471, the Louisiana Supreme Court addressed consolidated disciplinary...
Precedent on Written Fee Agreements and Diligent Representation: In Re: Lindsey J. Leavoy

Precedent on Written Fee Agreements and Diligent Representation: In Re: Lindsey J. Leavoy

Date: Jun 10, 2025
Precedent on Written Fee Agreements and Diligent Representation: In Re: Lindsey J. Leavoy Introduction In In Re: Lindsey J. Leavoy, the Supreme Court of Louisiana clarified the obligations of...
Erlinger Non-Retroactivity and Procedural Bars in Successive Death-Penalty Postconviction Relief

Erlinger Non-Retroactivity and Procedural Bars in Successive Death-Penalty Postconviction Relief

Date: Jun 10, 2025
Erlinger Non-Retroactivity and Procedural Bars in Successive Death-Penalty Postconviction Relief Introduction In Anthony Floyd Wainwright v. State of Florida (No. SC2025-0708), the Florida Supreme...
Distinct Acts, Distinct Prosecutions: People v. Harris and the
          Narrowing of “Same Criminal Transaction” Under CPL 40.40

Distinct Acts, Distinct Prosecutions: People v. Harris and the Narrowing of “Same Criminal Transaction” Under CPL 40.40

Date: Jun 7, 2025
Distinct Acts, Distinct Prosecutions: People v. Harris and the Narrowing of “Same Criminal Transaction” Under CPL 40.40 Introduction In People v. Harris (2025 NY Slip Op 03419) the Fourth Department...
Genesee County Fish & Game Protective Assn., Inc. v. Sullivan (2025):  The Road to Title—When Long-Term Maintenance and Control Ripen into Fee Ownership of Shared Access Roads

Genesee County Fish & Game Protective Assn., Inc. v. Sullivan (2025): The Road to Title—When Long-Term Maintenance and Control Ripen into Fee Ownership of Shared Access Roads

Date: Jun 7, 2025
Genesee County Fish & Game Protective Assn., Inc. v. Sullivan (2025): The Road to Title—When Long-Term Maintenance and Control Ripen into Fee Ownership of Shared Access Roads Introduction On...
Permissive Possession Within an Active Lease Cannot Mature into Adverse Possession: Commentary on EBSCO Industries, Inc. v. Ballard

Permissive Possession Within an Active Lease Cannot Mature into Adverse Possession: Commentary on EBSCO Industries, Inc. v. Ballard

Date: Jun 7, 2025
Permissive Possession Within an Active Lease Cannot Mature into Adverse Possession – EBSCO Industries, Inc. v. Michael R. Ballard, et al. 1. Introduction EBSCO Industries, Inc. (“EBSCO”) and Michael...
Rheeder v. Gray (Iowa 2025): Clarifying the “Severe-or-Pervasive” Harassment Standard and the “Materially Adverse” Retaliation Threshold under the Iowa Civil Rights Act

Rheeder v. Gray (Iowa 2025): Clarifying the “Severe-or-Pervasive” Harassment Standard and the “Materially Adverse” Retaliation Threshold under the Iowa Civil Rights Act

Date: Jun 7, 2025
Rheeder v. Gray, City of Marion, Slagle & McHale – Iowa Supreme Court (2025) Clarifying the “Severe-or-Pervasive” Harassment Standard and the “Materially Adverse” Retaliation Threshold under the Iowa...
People v. Ritchie: Re-affirming the “Defendant-Knowledge” Exception to Brady/Rosario Disclosure

People v. Ritchie: Re-affirming the “Defendant-Knowledge” Exception to Brady/Rosario Disclosure

Date: Jun 7, 2025
People v. Ritchie: Re-affirming the “Defendant-Knowledge” Exception to Brady/Rosario Disclosure Introduction The recent decision of the Appellate Division, Fourth Department, in People v. Ritchie,...
Defective Zoning Notice Voids Variances and Precludes Vested Rights – A Commentary on Matter of Socha v. Town of Starkey (2025)

Defective Zoning Notice Voids Variances and Precludes Vested Rights – A Commentary on Matter of Socha v. Town of Starkey (2025)

Date: Jun 7, 2025
Defective Zoning Notice Voids Variances and Precludes Vested Rights Commentary on Matter of Socha v. Town of Starkey, 2025 NY Slip Op 03431 (4th Dept 2025) Introduction The Fourth Department’s...
Extending DPPA Coverage to Non-DMV State Actors: A Commentary on LMG Rhode Island Holdings, Inc. v. Office of Governor Daniel J. McKee

Extending DPPA Coverage to Non-DMV State Actors: A Commentary on LMG Rhode Island Holdings, Inc. v. Office of Governor Daniel J. McKee

Date: Jun 7, 2025
Extending DPPA Coverage to Non-DMV State Actors Commentary on LMG Rhode Island Holdings, Inc. v. Office of Governor Daniel J. McKee Introduction On 6 June 2025 the Rhode Island Supreme Court issued...
Biological Parenthood as Automatic “Legally Responsible” Status: A Commentary on Matter of Ja'Moure D.S. (2025 NY Slip Op 03485)

Biological Parenthood as Automatic “Legally Responsible” Status: A Commentary on Matter of Ja'Moure D.S. (2025 NY Slip Op 03485)

Date: Jun 7, 2025
Biological Parenthood as Automatic “Legally Responsible” Status: Commentary on Matter of Ja'Moure D.S. (Jasmine M.), 2025 NY Slip Op 03485 1. Introduction The Appellate Division, Fourth Department,...
Wright v. Stephens: Post-Death Appeal Jurisdiction and the “Loss-of-Chance” Standard Re-Aligned

Wright v. Stephens: Post-Death Appeal Jurisdiction and the “Loss-of-Chance” Standard Re-Aligned

Date: Jun 7, 2025
Wright v. Stephens: Post-Death Appeal Jurisdiction and the “Loss-of-Chance” Standard Re-Aligned Introduction On 6 June 2025 the Appellate Division, Fourth Department, issued its decision in Wright v....
“No Fixed-Route” Natural Drainage Easements: Robinson v. Central Iowa Power Cooperative (Iowa 2025)

“No Fixed-Route” Natural Drainage Easements: Robinson v. Central Iowa Power Cooperative (Iowa 2025)

Date: Jun 7, 2025
“No Fixed-Route” Natural Drainage Easements: Robinson v. Central Iowa Power Cooperative (Iowa 2025) Introduction In Robinson v. Central Iowa Power Cooperative, the Iowa Supreme Court squarely...
“As-Is” Means “As-Is”: Manlius Center Road Associates, LLC v. Singh and the Reinforced Enforceability of Commercial Lease Disclaimer Clauses Absent True Latent Defect

“As-Is” Means “As-Is”: Manlius Center Road Associates, LLC v. Singh and the Reinforced Enforceability of Commercial Lease Disclaimer Clauses Absent True Latent Defect

Date: Jun 7, 2025
“As-Is” Means “As-Is”: Manlius Center Road Associates, LLC v. Singh and the Reinforced Enforceability of Commercial Lease Disclaimer Clauses Absent True Latent Defect 1. Introduction Manlius Center...
Hernandez Technology v. Rivera: Fourth Department Holds the “No Wage Theft Loophole Act” Retroactive and Clarifies Commission-Based Wage Deductions

Hernandez Technology v. Rivera: Fourth Department Holds the “No Wage Theft Loophole Act” Retroactive and Clarifies Commission-Based Wage Deductions

Date: Jun 7, 2025
Hernandez Technology v. Rivera: Fourth Department Holds the “No Wage Theft Loophole Act” Retroactive and Clarifies Commission-Based Wage Deductions 1. Introduction Hernandez Technology, Inc. (d/b/a...
No Separate Post-Treatment Concealment, No Tolling: Fraudulent-Concealment Tolling Narrowly Applied in Michigan Medical Malpractice After Woodford v. Castro

No Separate Post-Treatment Concealment, No Tolling: Fraudulent-Concealment Tolling Narrowly Applied in Michigan Medical Malpractice After Woodford v. Castro

Date: Jun 7, 2025
No Separate Post-Treatment Concealment, No Tolling: Fraudulent-Concealment Tolling Narrowly Applied in Michigan Medical Malpractice After Woodford v. Castro Introduction This commentary analyzes the...
People v. Ross (2025): Clarifying Standing and Privacy Expectations in Third-Party Mailboxes & Limits on the Right to Self-Representation

People v. Ross (2025): Clarifying Standing and Privacy Expectations in Third-Party Mailboxes & Limits on the Right to Self-Representation

Date: Jun 7, 2025
People v. Ross (2025): Clarifying Standing and Privacy Expectations in Third-Party Mailboxes & Limits on the Right to Self-Representation 1. Introduction In People v. Ross (2025 NY Slip Op 03432) the...
Mississippi Reinforces the Invited-Error Bar: When a Defendant Crafts the Faulty Elements Instruction, the State Need Not Save Him

Mississippi Reinforces the Invited-Error Bar: When a Defendant Crafts the Faulty Elements Instruction, the State Need Not Save Him

Date: Jun 6, 2025
Mississippi Reinforces the Invited-Error Bar: Jimmy Allen v. State of Mississippi and the Re-allocation of Jury-Instruction Duties 1. Introduction On 5 June 2025 the Supreme Court of Mississippi...
Stability over Fluidity: The May 15 Snapshot Rule for Charter-School Tuition Calculations

Stability over Fluidity: The May 15 Snapshot Rule for Charter-School Tuition Calculations

Date: Jun 6, 2025
Stability over Fluidity: The May 15 Snapshot Rule for Charter-School Tuition Calculations Introduction In Matter of Coney Island Preparatory Public Charter School v. New York State Education...
Beyond Caretaking Duties: First Department Broadens the Definition of “Person Legally Responsible” – Commentary on Matter of B.F. v. Administration for Children’s Services (2025)

Beyond Caretaking Duties: First Department Broadens the Definition of “Person Legally Responsible” – Commentary on Matter of B.F. v. Administration for Children’s Services (2025)

Date: Jun 6, 2025
Beyond Caretaking Duties: First Department Broadens the Definition of “Person Legally Responsible” Commentary on Matter of B.F. v. Administration for Children’s Services, 2025 NY Slip Op 03393 1....
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