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restricting-general-jurisdiction:-second-circuit& Case Commentaries

Plasse: Office Disruptions and Lien Uncertainty Do Not Excuse Escrow Misappropriation; One‑Year Suspension for Pattern of Deficiencies and Commingling

Plasse: Office Disruptions and Lien Uncertainty Do Not Excuse Escrow Misappropriation; One‑Year Suspension for Pattern of Deficiencies and Commingling

Date: Sep 11, 2025
Plasse: Office Disruptions and Lien Uncertainty Do Not Excuse Escrow Misappropriation; One‑Year Suspension for Pattern of Deficiencies and Commingling Introduction This commentary examines the...
Procedural Due Process and Permanency Timelines: Nevada Affirms the Constitutionality of NRS 128.109’s Rebuttable Presumptions in Termination of Parental Rights

Procedural Due Process and Permanency Timelines: Nevada Affirms the Constitutionality of NRS 128.109’s Rebuttable Presumptions in Termination of Parental Rights

Date: Sep 11, 2025
Procedural Due Process and Permanency Timelines: Nevada Affirms the Constitutionality of NRS 128.109’s Rebuttable Presumptions in Termination of Parental Rights Introduction In In re: Parental Rights...
Sixth Circuit Clarifies Rule 801(d)(2)(D): HR Employees Who Merely Deliver Termination Decisions Are Not Opposing-Party Declarants

Sixth Circuit Clarifies Rule 801(d)(2)(D): HR Employees Who Merely Deliver Termination Decisions Are Not Opposing-Party Declarants

Date: Sep 11, 2025
Sixth Circuit Clarifies Rule 801(d)(2)(D): HR Employees Who Merely Deliver Termination Decisions Are Not Opposing-Party Declarants Introduction In Pearlie R. Hill v. TK Elevator Manufacturing, Inc.,...
Waiver by Motion Practice: Personal Jurisdiction and CPLR 3215(c) Abandonment Defenses Forfeited; 22 NYCRR 202.48 Inapplicable Absent “On Notice” Directive

Waiver by Motion Practice: Personal Jurisdiction and CPLR 3215(c) Abandonment Defenses Forfeited; 22 NYCRR 202.48 Inapplicable Absent “On Notice” Directive

Date: Sep 11, 2025
Waiver by Motion Practice: Personal Jurisdiction and CPLR 3215(c) Abandonment Defenses Forfeited; 22 NYCRR 202.48 Inapplicable Absent “On Notice” Directive Introduction In Bank of New York Mellon v....
No Improvement Without Acknowledgment: West Virginia Affirms Denial of Improvement Period and Child-Specific Dispositions in Domestic-Violence-Based Abuse and Neglect

No Improvement Without Acknowledgment: West Virginia Affirms Denial of Improvement Period and Child-Specific Dispositions in Domestic-Violence-Based Abuse and Neglect

Date: Sep 11, 2025
No Improvement Without Acknowledgment: West Virginia Affirms Denial of Improvement Period and Child-Specific Dispositions in Domestic-Violence-Based Abuse and Neglect Case: In re T.B., T.D., J.C.-1,...
Unauthorized Practice by Advice-and-Fee Acceptance During Suspension Warrants Suspension—Not Disbarment—Absent Direct Court Filings: In re Haley (La. 2025)

Unauthorized Practice by Advice-and-Fee Acceptance During Suspension Warrants Suspension—Not Disbarment—Absent Direct Court Filings: In re Haley (La. 2025)

Date: Sep 11, 2025
Unauthorized Practice by Advice-and-Fee Acceptance During Suspension Warrants Suspension—Not Disbarment—Absent Direct Court Filings: In re Haley (La. 2025) Case: In re: Ronald Sidney Haley, Jr., No....
Counsel’s Representation Suffices to Verify PSI Review Under Rule 32(c)(3)(A); Failure to Object Waives Challenge (State v. Layton)

Counsel’s Representation Suffices to Verify PSI Review Under Rule 32(c)(3)(A); Failure to Object Waives Challenge (State v. Layton)

Date: Sep 11, 2025
Counsel’s Representation Suffices to Verify PSI Review Under Rule 32(c)(3)(A); Failure to Object Waives Challenge Introduction In State of West Virginia v. Thomas Layton (No. 24-685), the Supreme...
Reaffirming Rule 35(a)’s Narrow Reach and the Definite Sentencing Scheme for Voluntary Manslaughter in West Virginia

Reaffirming Rule 35(a)’s Narrow Reach and the Definite Sentencing Scheme for Voluntary Manslaughter in West Virginia

Date: Sep 11, 2025
Reaffirming Rule 35(a)’s Narrow Reach and the Definite Sentencing Scheme for Voluntary Manslaughter in West Virginia Introduction This commentary examines the Supreme Court of Appeals of West...
Failure to Enter Court-Ordered Substance Abuse Treatment Supports “No Reasonable Likelihood” Finding and Termination of Parental Rights

Failure to Enter Court-Ordered Substance Abuse Treatment Supports “No Reasonable Likelihood” Finding and Termination of Parental Rights

Date: Sep 11, 2025
Failure to Enter Court-Ordered Substance Abuse Treatment Supports “No Reasonable Likelihood” Finding and Termination of Parental Rights Introduction In re S.H., No. 24-555 (W. Va. Sept. 10, 2025), is...
Belated, Insincere Acknowledgment Is Insufficient for an Improvement Period; Termination May Proceed Even When the Other Parent Is Fit — In re S.B., H.B., D.B., and N.B.

Belated, Insincere Acknowledgment Is Insufficient for an Improvement Period; Termination May Proceed Even When the Other Parent Is Fit — In re S.B., H.B., D.B., and N.B.

Date: Sep 11, 2025
Belated, Insincere Acknowledgment Is Insufficient for an Improvement Period; Termination May Proceed Even When the Other Parent Is Fit — In re S.B., H.B., D.B., and N.B. Introduction This memorandum...
Affirmance on Alternative Merits Grounds and Strict Limits on Pro Se Repleading: No First Amendment Bivens and WPA Applies Only to Federal Employees

Affirmance on Alternative Merits Grounds and Strict Limits on Pro Se Repleading: No First Amendment Bivens and WPA Applies Only to Federal Employees

Date: Sep 11, 2025
Affirmance on Alternative Merits Grounds and Strict Limits on Pro Se Repleading: No First Amendment Bivens and WPA Applies Only to Federal Employees Introduction In Jean Guillaume v. United States...
In re H.C.: No Automatic Post‑Guardianship Visitation—Parental Rehabilitation Alone Is Insufficient Absent a Strong Bond and Best‑Interests Showing

In re H.C.: No Automatic Post‑Guardianship Visitation—Parental Rehabilitation Alone Is Insufficient Absent a Strong Bond and Best‑Interests Showing

Date: Sep 11, 2025
In re H.C.: No Automatic Post‑Guardianship Visitation—Parental Rehabilitation Alone Is Insufficient Absent a Strong Bond and Best‑Interests Showing Introduction This memorandum decision from the...
In re F.S.: Compelled Treatment, Aggravated Circumstances, and the Written-Motion Requirement for Improvement Periods

In re F.S.: Compelled Treatment, Aggravated Circumstances, and the Written-Motion Requirement for Improvement Periods

Date: Sep 11, 2025
In re F.S.: Compelled Treatment, Aggravated Circumstances, and the Written-Motion Requirement for Improvement Periods Introduction In this memorandum decision, the Supreme Court of Appeals of West...
Second Circuit: Rule 37(b) Attorney Sanctions—Including MDL Leadership Removal and Common Benefit Restrictions—Are Not Immediately Appealable Under the Collateral Order Doctrine

Second Circuit: Rule 37(b) Attorney Sanctions—Including MDL Leadership Removal and Common Benefit Restrictions—Are Not Immediately Appealable Under the Collateral Order Doctrine

Date: Sep 11, 2025
Second Circuit: Rule 37(b) Attorney Sanctions—Including MDL Leadership Removal and Common Benefit Restrictions—Are Not Immediately Appealable Under the Collateral Order Doctrine Introduction In In...
Reaffirming That Noncompliance With DHS Services Precludes an Improvement Period and Supports Termination: In re E.Y. and G.S.

Reaffirming That Noncompliance With DHS Services Precludes an Improvement Period and Supports Termination: In re E.Y. and G.S.

Date: Sep 11, 2025
Reaffirming That Noncompliance With DHS Services Precludes an Improvement Period and Supports Termination: In re E.Y. and G.S. Introduction In In re E.Y. and G.S., No. 24-358 (W. Va. Sept. 10, 2025)...
Finality First: Second-in-Time §2255 Filings During a Pending Appeal Are “Second or Successive”; District Courts Must Consider §3553(a) When Asked to Modify Supervised-Release Conditions

Finality First: Second-in-Time §2255 Filings During a Pending Appeal Are “Second or Successive”; District Courts Must Consider §3553(a) When Asked to Modify Supervised-Release Conditions

Date: Sep 11, 2025
Finality First: Second-in-Time §2255 Filings During a Pending Appeal Are “Second or Successive”; District Courts Must Consider §3553(a) When Asked to Modify Supervised-Release Conditions Introduction...
Child Disclosures and Behavioral Corroboration Can Meet the Clear-and-Convincing Standard Without Physical Evidence; Rule 19(b) Permits Reopened Adjudications on Amended Allegations

Child Disclosures and Behavioral Corroboration Can Meet the Clear-and-Convincing Standard Without Physical Evidence; Rule 19(b) Permits Reopened Adjudications on Amended Allegations

Date: Sep 11, 2025
Child Disclosures and Behavioral Corroboration Can Meet the Clear-and-Convincing Standard Without Physical Evidence; Rule 19(b) Permits Reopened Adjudications on Amended Allegations Introduction In...
New York Claim Preclusion Reaffirmed: “Convenient Trial Unit” Is Non‑Dispositive; Different Contracts Do Not Avoid Res Judicata When Tied to the Same Transactional Nucleus

New York Claim Preclusion Reaffirmed: “Convenient Trial Unit” Is Non‑Dispositive; Different Contracts Do Not Avoid Res Judicata When Tied to the Same Transactional Nucleus

Date: Sep 11, 2025
New York Claim Preclusion Reaffirmed: “Convenient Trial Unit” Is Non‑Dispositive; Different Contracts Do Not Avoid Res Judicata When Tied to the Same Transactional Nucleus Introduction This...
Tenth Circuit Clarifies Appeal-Waiver Cap Tied to a Fixed Offense Level: A Sentence Below the Level-35 Top End Is Unappealable Even If the Court Calculates a Higher Offense Level

Tenth Circuit Clarifies Appeal-Waiver Cap Tied to a Fixed Offense Level: A Sentence Below the Level-35 Top End Is Unappealable Even If the Court Calculates a Higher Offense Level

Date: Sep 11, 2025
Tenth Circuit Clarifies Appeal-Waiver Cap Tied to a Fixed Offense Level: A Sentence Below the Level-35 Top End Is Unappealable Even If the Court Calculates a Higher Offense Level Introduction In...
Proof of Contractual Default Notices Must Come From the Mailer or Contemporaneous Records: Wilmington Trust, N.A. v. Singh

Proof of Contractual Default Notices Must Come From the Mailer or Contemporaneous Records: Wilmington Trust, N.A. v. Singh

Date: Sep 11, 2025
Proof of Contractual Default Notices Must Come From the Mailer or Contemporaneous Records: Wilmington Trust, N.A. v. Singh Introduction In Wilmington Trust, N.A. v. Singh, 2025 NY Slip Op 04938 (App...
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