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

“From Forms to Flexibility” – The Mississippi Supreme Court’s 2025 Order Streamlining the Mississippi Rules of Civil Procedure

“From Forms to Flexibility” – The Mississippi Supreme Court’s 2025 Order Streamlining the Mississippi Rules of Civil Procedure

Date: Jun 6, 2025
“From Forms to Flexibility” – The Mississippi Supreme Court’s 2025 Order Streamlining the Mississippi Rules of Civil Procedure Introduction On 20 May 2025, the Supreme Court of Mississippi, sitting...
People v. Ruple: Post-Sentencing Written Appeal Waivers Cannot Cure a Defective Oral Colloquy

People v. Ruple: Post-Sentencing Written Appeal Waivers Cannot Cure a Defective Oral Colloquy

Date: Jun 6, 2025
People v. Ruple: Post-Sentencing Written Appeal Waivers Cannot Cure a Defective Oral Colloquy Introduction In People v. Ruple, 2025 NY Slip Op 03361 (App. Div. 3d Dept. June 5 2025), the Third...
“Pursuit, Retreat & the Unavailable Justification: People v. Marin (2025) Re-defines the Boundaries of Self-Defense and Weapon Possession in New York”

“Pursuit, Retreat & the Unavailable Justification: People v. Marin (2025) Re-defines the Boundaries of Self-Defense and Weapon Possession in New York”

Date: Jun 6, 2025
“Pursuit, Retreat & the Unavailable Justification: People v. Marin (2025) Re-defines the Boundaries of Self-Defense and Weapon Possession in New York” 1. Introduction Court & Date: Appellate Division...

“Below-the-Line, Not Above-the-Line” – Matter of Ciardullo v. McDonnell
Affirms New York’s Decoupling from Federal Treatment of Amortized Bond Premiums

“Below-the-Line, Not Above-the-Line” – Matter of Ciardullo v. McDonnell Affirms New York’s Decoupling from Federal Treatment of Amortized Bond Premiums

Date: Jun 6, 2025
“Below-the-Line, Not Above-the-Line” – Matter of Ciardullo v. McDonnell Affirms New York’s Decoupling from Federal Treatment of Amortized Bond Premiums 1. Introduction The Appellate Division, Third...
“Netting” Alimony Arrearages in Probate: The Supreme Court of Mississippi Mandates Credit Off-Set and Confirms Standing of a Deceased Spouse’s Estate ― Commentary on In Re Estate of Edwin Lea Brent (2025)

“Netting” Alimony Arrearages in Probate: The Supreme Court of Mississippi Mandates Credit Off-Set and Confirms Standing of a Deceased Spouse’s Estate ― Commentary on In Re Estate of Edwin Lea Brent (2025)

Date: Jun 6, 2025
“Netting” Alimony Arrearages in Probate: The Supreme Court of Mississippi Mandates Credit Off-Set and Confirms Standing of a Deceased Spouse’s Estate Commentary on In Re The Estate of Edwin Lea...
“Shaw v. Preservation”:  Third Department Abandons Preservation Requirement Where the Trial Court Grossly Overstates Maximum Exposure

“Shaw v. Preservation”: Third Department Abandons Preservation Requirement Where the Trial Court Grossly Overstates Maximum Exposure

Date: Jun 6, 2025
“Shaw v. Preservation”: The Third Department Discards its Prior Rule and Holds that a Grossly Inflated Sentencing Warning Automatically Invalidates a Guilty Plea 1. Introduction People v. Shaw (2025...
People v. Rivera – Clarifying “Minor Deception” in Police Questioning and Harmless-Error Review of Post-Miranda Violations

People v. Rivera – Clarifying “Minor Deception” in Police Questioning and Harmless-Error Review of Post-Miranda Violations

Date: Jun 6, 2025
People v. Rivera – Clarifying “Minor Deception” in Police Questioning and Harmless-Error Review of Post-Miranda Violations Introduction In People v. Rivera (2025 NY Slip Op 03362) the Appellate...
Mentiply II: The Appellate Division Re-Affirms the Breadth of New York’s “Same-Transaction” Test for Res Judicata

Mentiply II: The Appellate Division Re-Affirms the Breadth of New York’s “Same-Transaction” Test for Res Judicata

Date: Jun 6, 2025
Mentiply II: The Appellate Division Re-Affirms the Breadth of New York’s “Same-Transaction” Test for Res Judicata Introduction In Mentiply v. Foster, 2025 NY Slip Op 03370 (“Mentiply II”), the...
Crystal NN. v. Joshua OO.: Reaffirming the Evidentiary Standard for Motions to Dismiss in Parental-Alienation Support Proceedings

Crystal NN. v. Joshua OO.: Reaffirming the Evidentiary Standard for Motions to Dismiss in Parental-Alienation Support Proceedings

Date: Jun 6, 2025
Crystal NN. v. Joshua OO.: Reaffirming the Evidentiary Standard for Motions to Dismiss in Parental-Alienation Support Proceedings Introduction The Appellate Division, Third Department, in Matter of...
Suspended Limitations: Lambos v. Karabinis Clarifies “Open Repudiation” Tolling for Shareholder Fiduciary Claims

Suspended Limitations: Lambos v. Karabinis Clarifies “Open Repudiation” Tolling for Shareholder Fiduciary Claims

Date: Jun 6, 2025
Suspended Limitations: Lambos v. Karabinis Clarifies “Open Repudiation” Tolling for Shareholder Fiduciary Claims 1. Introduction Lambos v. Karabinis (2025 NY Slip Op 03367) is a Third Department...
Century Indemnity v. Brooklyn Union Gas (2025): New York Clarifies the Insured’s Notice Obligation and Duty to Investigate in Long-Tail Environmental Coverage

Century Indemnity v. Brooklyn Union Gas (2025): New York Clarifies the Insured’s Notice Obligation and Duty to Investigate in Long-Tail Environmental Coverage

Date: Jun 6, 2025
Century Indemnity v. Brooklyn Union Gas (2025): New York Clarifies the Insured’s Notice Obligation and Duty to Investigate in Long-Tail Environmental Coverage 1. Introduction Century Indemnity...
Structural Challenges Survive Personnel Changes: Amendment 33’s Shield Over Constitutional Boards Confirmed

Structural Challenges Survive Personnel Changes: Amendment 33’s Shield Over Constitutional Boards Confirmed

Date: Jun 6, 2025
Structural Challenges Survive Personnel Changes: Amendment 33’s Shield Over Constitutional Boards Confirmed Introduction In Sarah Sanders, Governor, et al. v. Arkansas Board of Corrections, 2025 Ark....
Lovett v. State (2025): The Arkansas Supreme Court Re-Affirms a “Strict-Preservation” Rule for Trial Objections

Lovett v. State (2025): The Arkansas Supreme Court Re-Affirms a “Strict-Preservation” Rule for Trial Objections

Date: Jun 6, 2025
Lovett v. State (2025): The Arkansas Supreme Court Re-Affirms a “Strict-Preservation” Rule for Trial Objections Introduction Raymond Lovett was convicted of capital murder and received a life...

        Overton v. State of Arkansas (2025): Prosecutorial Latitude in Voir-Dire
        to Reference the “Single-Witness Sufficiency” Rule

Overton v. State of Arkansas (2025): Prosecutorial Latitude in Voir-Dire to Reference the “Single-Witness Sufficiency” Rule

Date: Jun 6, 2025
Overton v. State of Arkansas (2025): Prosecutorial Latitude in Voir-Dire to Reference the “Single-Witness Sufficiency” Rule Introduction In Eric Overton v. State of Arkansas, 2025 Ark. 105, the...
“Digital Impersonation as an Aggravating Factor in Attorney Discipline” – Commentary on Matter of Perry (2025 NY Slip Op 03386)

“Digital Impersonation as an Aggravating Factor in Attorney Discipline” – Commentary on Matter of Perry (2025 NY Slip Op 03386)

Date: Jun 6, 2025
“Digital Impersonation as an Aggravating Factor in Attorney Discipline” Commentary on Matter of Perry (2025 NY Slip Op 03386) 1. Introduction Matter of Perry concerns disciplinary proceedings brought...
Successive Use of New York’s Saving Statute: The Second Department Authorises Multiple Invocations of CPLR 205(a) – Analysis of Tumminia v. Staten Island University Hospital (2025)

Successive Use of New York’s Saving Statute: The Second Department Authorises Multiple Invocations of CPLR 205(a) – Analysis of Tumminia v. Staten Island University Hospital (2025)

Date: Jun 5, 2025
Successive Use of New York’s Saving Statute: The Second Department Authorises Multiple Invocations of CPLR 205(a) Commentary on Tumminia v. Staten Island University Hospital, 2025 NY Slip Op 03352 1....
No Self-Review: Appellate Division Bars Administrative Law Judges from Issuing Final Determinations on Their Own Recommended Decisions in Justice Center Abuse Proceedings (Matter of Doe v. New York State Justice Center, 2025)

No Self-Review: Appellate Division Bars Administrative Law Judges from Issuing Final Determinations on Their Own Recommended Decisions in Justice Center Abuse Proceedings (Matter of Doe v. New York State Justice Center, 2025)

Date: Jun 5, 2025
No Self-Review: Appellate Division Bars Administrative Law Judges from Issuing Final Determinations on Their Own Recommended Decisions in Justice Center Abuse Proceedings (Matter of Doe v. New York...
Vindell v. Site 2 DSA Owner, LLC – Re-drawing the Boundary of the “Inherent Hazards” Exception under Labor Law § 200

Vindell v. Site 2 DSA Owner, LLC – Re-drawing the Boundary of the “Inherent Hazards” Exception under Labor Law § 200

Date: Jun 5, 2025
Vindell v. Site 2 DSA Owner, LLC – Re-drawing the Boundary of the “Inherent Hazards” Exception under Labor Law § 200 I. Introduction Vindell v. Site 2 DSA Owner, LLC, 2025 NY Slip Op 03353 (2d Dep’t...
“Harco v. Scottsdale: Clarifying the Limits of Collateral Estoppel and Documentary Evidence in Follow-Form Excess Coverage Disputes”

“Harco v. Scottsdale: Clarifying the Limits of Collateral Estoppel and Documentary Evidence in Follow-Form Excess Coverage Disputes”

Date: Jun 5, 2025
Harco v. Scottsdale: Clarifying the Limits of Collateral Estoppel and Documentary Evidence in Follow-Form Excess Coverage Disputes Introduction The Appellate Division, Second Department’s decision in...
Merger Clauses Trump Alleged Oral Joint-Ventures in New York Real-Estate Deals: A Commentary on IPA Asset Mgt., LLC v. Schuman (2025)

Merger Clauses Trump Alleged Oral Joint-Ventures in New York Real-Estate Deals: A Commentary on IPA Asset Mgt., LLC v. Schuman (2025)

Date: Jun 5, 2025
Merger Clauses Trump Alleged Oral Joint-Ventures in New York Real-Estate Deals: A Commentary on IPA Asset Management, LLC v. Schuman (2025) Introduction On 4 June 2025 the Appellate Division, Second...
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