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

Actual Physical Residency at Time of Receipt Required to Invoke South Dakota’s Anti‑Spam Statute: Commentary on Lapin v. Zeetogroup (2025 S.D. 36)

Actual Physical Residency at Time of Receipt Required to Invoke South Dakota’s Anti‑Spam Statute: Commentary on Lapin v. Zeetogroup (2025 S.D. 36)

Date: Jul 17, 2025
Actual Physical Residency at Time of Receipt Required to Invoke South Dakota’s Anti‑Spam Statute: Lapin v. Zeetogroup (2025 S.D. 36) Court: Supreme Court of South Dakota | Date: July 16, 2025 |...
Causation Required for Juvenile Restitution: South Dakota Aligns Delinquency Restitution with Adult Standard in In re Interest of J.W. (2025 S.D. 38)

Causation Required for Juvenile Restitution: South Dakota Aligns Delinquency Restitution with Adult Standard in In re Interest of J.W. (2025 S.D. 38)

Date: Jul 17, 2025
Causation Required for Juvenile Restitution: South Dakota Aligns Delinquency Restitution with Adult Standard in In re Interest of J.W. (2025 S.D. 38) Introduction In In the Interest of J.W., 2025...
Matter of Santos: Second Department Reaffirms Consent Discipline Parameters and a One‑Year Suspension Baseline for Attorney Neglect Coupled with Client Deception

Matter of Santos: Second Department Reaffirms Consent Discipline Parameters and a One‑Year Suspension Baseline for Attorney Neglect Coupled with Client Deception

Date: Jul 17, 2025
Matter of Santos: Second Department Reaffirms Consent Discipline Parameters and a One‑Year Suspension Baseline for Attorney Neglect Coupled with Client Deception Introduction In Matter of Santos...
Interplay of SSL §409‑h and FCA §1055‑c Clarified: Courts Must Prove Actual Unavailability of Less Restrictive Placements Before Approving QRTPs

Interplay of SSL §409‑h and FCA §1055‑c Clarified: Courts Must Prove Actual Unavailability of Less Restrictive Placements Before Approving QRTPs

Date: Jul 17, 2025
Interplay of SSL §409‑h and FCA §1055‑c Clarified: Courts Must Prove Actual Unavailability of Less Restrictive Placements Before Approving QRTPs Introduction This commentary analyzes the Appellate...
Eleventh Circuit Validates “Good-Cause” Tenure for Administrative Law Judges – Commentary on Walmart, Inc. v. King (2025)

Eleventh Circuit Validates “Good-Cause” Tenure for Administrative Law Judges – Commentary on Walmart, Inc. v. King (2025)

Date: Jul 17, 2025
Eleventh Circuit Validates “Good-Cause” Tenure for Administrative Law Judges A Commentary on Walmart, Inc. v. Chief ALJ (OCAHO), 24-11733 (11th Cir. 2025) 1. Introduction In Walmart, Inc. v. King,...
Sixth Circuit Clarifies Narrow Judicial Review of I‑751 Good‑Faith Marriage Waivers: Credibility and Weight-of-Evidence Challenges Are Unreviewable

Sixth Circuit Clarifies Narrow Judicial Review of I‑751 Good‑Faith Marriage Waivers: Credibility and Weight-of-Evidence Challenges Are Unreviewable

Date: Jul 17, 2025
Sixth Circuit Clarifies Narrow Judicial Review of I‑751 Good‑Faith Marriage Waivers: Credibility and Weight-of-Evidence Challenges Are Unreviewable Introduction In Nathaniel Kumedzro v. Pamela Bondi,...
Sixth Circuit Clarifies No Shortcuts Under Daubert or the TPLA: Expertise Must Match the Theory; Malfunction Theory and Consumer-Expectation Shortcuts Fail for Complex Medical Implants

Sixth Circuit Clarifies No Shortcuts Under Daubert or the TPLA: Expertise Must Match the Theory; Malfunction Theory and Consumer-Expectation Shortcuts Fail for Complex Medical Implants

Date: Jul 17, 2025
Sixth Circuit Clarifies No Shortcuts Under Daubert or the TPLA: Expertise Must Match the Theory; Malfunction Theory and Consumer-Expectation Shortcuts Fail for Complex Medical Implants Case: Joseph...
Two-Year Medical Malpractice Repose Means Two Calendar Years Ending the Day Before the Anniversary: Paulsen v. Avera McKennan

Two-Year Medical Malpractice Repose Means Two Calendar Years Ending the Day Before the Anniversary: Paulsen v. Avera McKennan

Date: Jul 17, 2025
Two-Year Medical Malpractice Repose Means Two Calendar Years Ending the Day Before the Anniversary: Paulsen v. Avera McKennan Introduction In Paulsen v. Avera McKennan, 2025 S.D. 37, the South Dakota...
No Shortcuts After Alston: Seventh Circuit Requires Independent Market Proof and Competitive Harm for NCAA Eligibility Challenges

No Shortcuts After Alston: Seventh Circuit Requires Independent Market Proof and Competitive Harm for NCAA Eligibility Challenges

Date: Jul 17, 2025
No Shortcuts After Alston: Seventh Circuit Requires Independent Market Proof and Competitive Harm for NCAA Eligibility Challenges Introduction In Nyzier Fourqurean v. National Collegiate Athletic...
Reaffirming Carlson’s Core: Seventh Circuit Keeps Federal Prison Medical‑Care Claims Within Bivens and Clarifies FTCA Equitable Tolling (including the Prison‑Mailbox Rule) at the Pleadings Stage

Reaffirming Carlson’s Core: Seventh Circuit Keeps Federal Prison Medical‑Care Claims Within Bivens and Clarifies FTCA Equitable Tolling (including the Prison‑Mailbox Rule) at the Pleadings Stage

Date: Jul 17, 2025
Reaffirming Carlson’s Core: Seventh Circuit Keeps Federal Prison Medical‑Care Claims Within Bivens and Clarifies FTCA Equitable Tolling (including the Prison‑Mailbox Rule) at the Pleadings Stage...
Angel v. Strulovich: Three-Year Conversion Limitations Controls Conversion‑Based Constructive Trust Claims; Accrual at Initial Withholding of Investment Funds

Angel v. Strulovich: Three-Year Conversion Limitations Controls Conversion‑Based Constructive Trust Claims; Accrual at Initial Withholding of Investment Funds

Date: Jul 17, 2025
Angel v. Strulovich: Three-Year Conversion Limitations Controls Conversion‑Based Constructive Trust Claims; Accrual at Initial Withholding of Investment Funds Introduction In Angel v. Strulovich...
USPS Change‑of‑Address as Due Diligence: Second Department Clarifies CPLR 308(4) “Affix-and-Mail” and the Burden to Rebut Proper Service

USPS Change‑of‑Address as Due Diligence: Second Department Clarifies CPLR 308(4) “Affix-and-Mail” and the Burden to Rebut Proper Service

Date: Jul 17, 2025
USPS Change‑of‑Address as Due Diligence: Second Department Clarifies CPLR 308(4) “Affix-and-Mail” and the Burden to Rebut Proper Service Case: PNMAC Mortgage Opportunity Fund Investors, LLC v....
School-Observed Injury as Corroboration and Untreated Mental Illness as Independent Grounds for Neglect: Second Department’s Dual-Track Affirmance in Matter of Zaria P. (Sade G.)

School-Observed Injury as Corroboration and Untreated Mental Illness as Independent Grounds for Neglect: Second Department’s Dual-Track Affirmance in Matter of Zaria P. (Sade G.)

Date: Jul 17, 2025
School-Observed Injury as Corroboration and Untreated Mental Illness as Independent Grounds for Neglect: Second Department’s Dual-Track Affirmance in Matter of Zaria P. (Sade G.) Introduction In...
Reasonable, Not Merely Possible: Seventh Circuit Clarifies the Franks “Substantial Preliminary Showing” and Affirms Informant‑Based Probable Cause

Reasonable, Not Merely Possible: Seventh Circuit Clarifies the Franks “Substantial Preliminary Showing” and Affirms Informant‑Based Probable Cause

Date: Jul 17, 2025
Reasonable, Not Merely Possible: Seventh Circuit Clarifies the Franks “Substantial Preliminary Showing” and Affirms Informant‑Based Probable Cause Introduction In this consolidated appeal from the...
Allegiance, Not Dangerousness: Seventh Circuit Upholds § 922(g)(5)(A) Under Bruen and Forecloses As‑Applied Challenges by Unlawfully Present Aliens

Allegiance, Not Dangerousness: Seventh Circuit Upholds § 922(g)(5)(A) Under Bruen and Forecloses As‑Applied Challenges by Unlawfully Present Aliens

Date: Jul 17, 2025
Allegiance, Not Dangerousness: Seventh Circuit Upholds § 922(g)(5)(A) Under Bruen and Forecloses As‑Applied Challenges by Unlawfully Present Aliens Introduction In United States v. Heriberto...
“No Taking in Treating the Indigent” – The New Jersey Supreme Court Affirms that Mandatory Charity-Care Is Not a Compensable Taking

“No Taking in Treating the Indigent” – The New Jersey Supreme Court Affirms that Mandatory Charity-Care Is Not a Compensable Taking

Date: Jul 17, 2025
“No Taking in Treating the Indigent”: Englewood Hospital & Medical Center v. State Sets the Modern Boundary Between Public-Health Obligations and Property Rights 1. Introduction On 16 July 2025 the...
Issue Preclusion in New York Attorney Discipline: Out‑of‑State Probate Findings (Including Intent and Bad Faith) Bind the Respondent, But Rule Violations Remain for the Court

Issue Preclusion in New York Attorney Discipline: Out‑of‑State Probate Findings (Including Intent and Bad Faith) Bind the Respondent, But Rule Violations Remain for the Court

Date: Jul 17, 2025
Issue Preclusion in New York Attorney Discipline: Out‑of‑State Probate Findings (Including Intent and Bad Faith) Bind the Respondent, But Rule Violations Remain for the Court Introduction Matter of...
Confirmed Chapter 13 “Surrender/Release” Judicially Estops FAPA and Other Nonjurisdictional Foreclosure Defenses; Referee’s Amount-Due Findings Must Be Supported by Produced Business Records

Confirmed Chapter 13 “Surrender/Release” Judicially Estops FAPA and Other Nonjurisdictional Foreclosure Defenses; Referee’s Amount-Due Findings Must Be Supported by Produced Business Records

Date: Jul 17, 2025
Confirmed Chapter 13 “Surrender/Release” Judicially Estops FAPA and Other Nonjurisdictional Foreclosure Defenses; Referee’s Amount-Due Findings Must Be Supported by Produced Business Records...
No Constructive Trust Without a Property‑Specific Promise: The Second Department limits constructive trusts where diverted funds merely improve unrelated properties

No Constructive Trust Without a Property‑Specific Promise: The Second Department limits constructive trusts where diverted funds merely improve unrelated properties

Date: Jul 17, 2025
No Constructive Trust Without a Property‑Specific Promise: The Second Department limits constructive trusts where diverted funds merely improve unrelated properties Introduction In Angel v....
United States v. Mikkelson: Eleventh Circuit Clarifies Harmless-Error Treatment of Criminal-History Miscalculations and Re-affirms Broad Judicial Discretion for Upward Variances in Violent RICO Sentencings

United States v. Mikkelson: Eleventh Circuit Clarifies Harmless-Error Treatment of Criminal-History Miscalculations and Re-affirms Broad Judicial Discretion for Upward Variances in Violent RICO Sentencings

Date: Jul 16, 2025
United States v. Mikkelson: Eleventh Circuit Clarifies Harmless-Error Treatment of Criminal-History Miscalculations and Re-affirms Broad Judicial Discretion for Upward Variances in Violent RICO...
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