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

Election of Remedies Under the 9/11 VCF Bars State-Law Medical Malpractice Suits: Brennan v. MacDonald Establishes Broad Waiver Triggered by Claim Submission

Date: Jul 3, 2025

Election of Remedies Under the 9/11 VCF Bars State-Law Medical Malpractice Suits: Brennan v. MacDonald Establishes Broad Waiver Triggered by Claim Submission Introduction In Brennan v. MacDonald...

People v. Patierno: No Per Se Right to COVID-Related Adjournment or Mistrial; Social-Media Prompt Outcry and Doorway Recordings as Adoptive Admissions

Date: Jul 3, 2025

People v. Patierno: No Per Se Right to COVID-Related Adjournment or Mistrial; Social-Media Prompt Outcry and Doorway Recordings as Adoptive Admissions Introduction People v. Patierno (2025 NY Slip Op...

Presence Is Neither Necessary Nor Sufficient: Minnesota Clarifies the Hawkins Threshold for Alternative‑Perpetrator Evidence and Affirms Voluntariness of Hospital Interviews

Date: Jul 3, 2025

Presence Is Neither Necessary Nor Sufficient: Minnesota Clarifies the Hawkins Threshold for Alternative‑Perpetrator Evidence and Affirms Voluntariness of Hospital Interviews Introduction In State of...

Harmless Error for Unannounced Criminal History Scores and Reaffirmation of the Multiple‑Victim Exception in Consecutive Sentencing — Sanders v. State (Minn. 2025)

Date: Jul 3, 2025

Harmless Error for Unannounced Criminal History Scores and Reaffirmation of the Multiple‑Victim Exception in Consecutive Sentencing — Sanders v. State (Minn. 2025) Introduction In Milton K. Sanders...

Jed Spectrum v. Stoakes: South Dakota Adopts a Subjective “Actual Malice” Standard for Slander of Title and Limits SDCL 44‑9‑22 to Liens “In Fact” Satisfied

Date: Jul 3, 2025

Jed Spectrum v. Stoakes: South Dakota Adopts a Subjective “Actual Malice” Standard for Slander of Title and Limits SDCL 44‑9‑22 to Liens “In Fact” Satisfied Court: Supreme Court of South Dakota |...

People v. Wallace: Clarifying Proof for SORA Risk Factor 4 and Confirming Concurrent Convictions as Upward-Departure Aggravators

Date: Jul 3, 2025

People v. Wallace: Clarifying Proof for SORA Risk Factor 4 and Confirming Concurrent Convictions as Upward-Departure Aggravators Introduction This commentary analyzes the Appellate Division, Second...

State’s Right to Appeal Jail-Credit Awards After Probation Revocation Arises by Necessary Implication from Rule 27.04

Date: Jul 3, 2025

State’s Right to Appeal Jail-Credit Awards After Probation Revocation Arises by Necessary Implication from Rule 27.04 Case: State of Minnesota v. Jason Turner Johnson, 23 N.W.3d 70 (Minn. July 2,...

State v. Geist: Silent Witness Authentication Extends to Body-Worn Camera Footage, Including Pre‑Buffer Clips, Without Testimony from the Recording Officer

Date: Jul 3, 2025

State v. Geist: Silent Witness Authentication Extends to Body-Worn Camera Footage, Including Pre‑Buffer Clips, Without Testimony from the Recording Officer Court: Supreme Court of South Dakota...

Securing Stepladders at ≥10 Feet: Second Department Reaffirms Specificity of 12 NYCRR 23-1.21(e)(3) and Underscores Fact-Intensive Nature of Ladder-Fall Claims under Labor Law §§ 240(1) and 241(6)

Date: Jul 3, 2025

Securing Stepladders at ≥10 Feet: Second Department Reaffirms Specificity of 12 NYCRR 23-1.21(e)(3) and Underscores Fact-Intensive Nature of Ladder-Fall Claims under Labor Law §§ 240(1) and 241(6)...

Forging a Colleague’s Signature, Misstating Material Facts, and Unilateral Discontinuance: Second Department affirms that such misconduct—paired with failure to advise of potential malpractice—warrants a multi‑year suspension (Matter of Blyer, 2025 NY Slip Op 04005)

Date: Jul 3, 2025

Forging a Colleague’s Signature, Misstating Material Facts, and Unilateral Discontinuance: Second Department affirms that such misconduct—paired with failure to advise of potential...

Policies Issued After June 11, 2019 Must Step Up to $250,000/$500,000 Bodily Injury Minimums After July 1, 2020: The Michigan Supreme Court’s Textual Re-Reading of MCL 500.3009 in Bonter v. Progressive

Date: Jul 3, 2025

Policies Issued After June 11, 2019 Must Step Up to $250,000/$500,000 Bodily Injury Minimums After July 1, 2020: The Michigan Supreme Court’s Textual Re-Reading of MCL 500.3009 in Bonter v....

Weaponizing Social Media as a “Course of Conduct” Under New Hampshire’s Stalking Statute: No Direct Threat Requirement in D.V. v. R.G.

Date: Jul 3, 2025

Weaponizing Social Media as a “Course of Conduct” Under New Hampshire’s Stalking Statute: No Direct Threat Requirement in D.V. v. R.G. Introduction In D.V. v. R.G. (N.H. July 2, 2025), the Supreme...

No Physician-Testimony Requirement at Psychiatric Retention Hearings: Nurse Practitioners Deemed Competent Experts under New York MHL §§ 9.31 and 9.33

Date: Jul 3, 2025

No Physician-Testimony Requirement at Psychiatric Retention Hearings: Nurse Practitioners Deemed Competent Experts under New York MHL §§ 9.31 and 9.33 Introduction In Matter of Raymond E. (2025 NY...

Differentiated Aid Cannot Backfill Base Adequacy: N.H. Supreme Court Strikes RSA 198:40-a, II(a), Endorses a “Conservative Minimum Threshold” (But Bars Immediate Court-Ordered Payments)

Date: Jul 2, 2025

Differentiated Aid Cannot Backfill Base Adequacy: N.H. Supreme Court Strikes RSA 198:40-a, II(a), Endorses a “Conservative Minimum Threshold” (But Bars Immediate Court-Ordered Payments) Introduction...

One-Time Selective Timber Harvest Is Not “Commercial Activity” Under Residential Restrictive Covenants in New Hampshire

Date: Jul 2, 2025

One-Time Selective Timber Harvest Is Not “Commercial Activity” Under Residential Restrictive Covenants in New Hampshire Case: Kathryn Wolf v. Patrick Brown (No. 2024-0068) Court: Supreme Court of New...

No Third Chances: Imputing Counsel’s Willful Discovery Misconduct to Corporate Clients – A Commentary on Bilodeau v. Usinage Berthold, Inc.

Date: Jul 1, 2025

No Third Chances: Imputing Counsel’s Willful Discovery Misconduct to Corporate Clients – A Commentary on Bilodeau v. Usinage Berthold, Inc. 1. Introduction On 27 June 2025, the United States Court of...

Second Circuit Clarifies BIA’s Duties on Motions to Remand for “Military Parole-in-Place”

Date: Jul 1, 2025

Second Circuit Clarifies BIA’s Duties on Motions to Remand for “Military Parole-in-Place” 1. Introduction Case: Calle v. Bondi, No. 24-1565-ag (2d Cir. 2025) Parties: Petitioner Humberto Isidoro...

Parker v. Israel Discount Bank of N.Y., Inc. – Second Circuit Re-emphasizes the Lower Summary-Judgment Bar under the NYCHRL for Mixed-Motive Disability-Discrimination Claims

Date: Jul 1, 2025

Second Circuit Re-emphasizes the Lower Summary-Judgment Bar under the NYCHRL for Mixed-Motive Disability-Discrimination Claims I. Introduction In Parker v. Israel Discount Bank of New York, Inc.,...

Legitimate Penological Interest as a Complete Defense to Prisoner-Retaliation and Class-of-One Claims: Commentary on Reynolds v. Quiros (2d Cir. 2025)

Date: Jul 1, 2025

Legitimate Penological Interest as a Complete Defense to Prisoner-Retaliation and Class-of-One Claims: Commentary on Reynolds v. Quiros (2d Cir. 2025) Introduction The United States Court of Appeals...

United States v. Guldi: Second Circuit Raises the Bar for the “Sophisticated-Means” Sentencing Enhancement

Date: Jul 1, 2025

United States v. Guldi: Second Circuit Raises the Bar for the “Sophisticated-Means” Sentencing Enhancement 1. Introduction United States v. Guldi, No. 23-6909-cr (2d Cir. June 27, 2025) is the Second...

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