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

Presumptive Regularity and Reconstruction Hearings for Lost Jury-Note Transcripts: A Commentary on People v. Salas (2025)

Presumptive Regularity and Reconstruction Hearings for Lost Jury-Note Transcripts: A Commentary on People v. Salas (2025)

Date: Jun 13, 2025
Presumptive Regularity and Reconstruction Hearings for Lost Jury-Note Transcripts: A Comprehensive Commentary on People v. Salas (2025 NY Slip Op 03603) 1. Introduction People v. Salas is the New...
“Notice, Not Service” and “No Hearing Without a Fact Dispute”: Seventh Circuit Affirms Paper-Record Preliminary Injunction and Reaffirms Whitaker’s Control Over Transgender Student Bathroom Policies

“Notice, Not Service” and “No Hearing Without a Fact Dispute”: Seventh Circuit Affirms Paper-Record Preliminary Injunction and Reaffirms Whitaker’s Control Over Transgender Student Bathroom Policies

Date: Jun 13, 2025
“Notice, Not Service” and “No Hearing Without a Fact Dispute”: Seventh Circuit Affirms Paper-Record Preliminary Injunction and Reaffirms Whitaker’s Control Over Transgender Student Bathroom Policies...
“Wilful” Means “Knowing” – Mississippi Supreme Court Clarifies Mens Rea for Drug Possession and Re-affirms a Flexible Lindsey Review

“Wilful” Means “Knowing” – Mississippi Supreme Court Clarifies Mens Rea for Drug Possession and Re-affirms a Flexible Lindsey Review

Date: Jun 13, 2025
“Wilful” Means “Knowing” – Mississippi Supreme Court Clarifies Mens Rea for Drug Possession and Re-affirms a Flexible Lindsey Review Introduction The Mississippi Supreme Court’s decision in Mercedes...

    Naftaliyev v. GGP Staten Island Mall, LLC – A New Limit on
    (1) Sua Sponte Vacatur of a Note of Issue and
    (2) Post-Certification Amendments to a Bill of Particulars

Naftaliyev v. GGP Staten Island Mall, LLC – A New Limit on (1) Sua Sponte Vacatur of a Note of Issue and (2) Post-Certification Amendments to a Bill of Particulars

Date: Jun 12, 2025
Naftaliyev v. GGP Staten Island Mall, LLC (2025) – The Appellate Division Constrains Judicial Power to Vacate a Note of Issue and Re-Affirms the “Special & Extraordinary Circumstances” Standard for...
“Wrongful Death Claims Stand Alone”:  Marinos v. Brahaj and the Non-Arbitrability of Distributees’ Wrongful-Death Actions in New York

“Wrongful Death Claims Stand Alone”: Marinos v. Brahaj and the Non-Arbitrability of Distributees’ Wrongful-Death Actions in New York

Date: Jun 12, 2025
“Wrongful Death Claims Stand Alone” Marinos v. Brahaj (2025) and the Non-Arbitrability of Distributees’ Wrongful-Death Actions in New York 1. Introduction Marinos v. Brahaj, 2025 NY Slip Op 03561,...
Post‑Crash Equipment Evidence Can Defeat Summary Disposition; Spoliation Sanctions Require Explicit Findings on Materiality and Pre‑Suit Preservation Duty

Post‑Crash Equipment Evidence Can Defeat Summary Disposition; Spoliation Sanctions Require Explicit Findings on Materiality and Pre‑Suit Preservation Duty

Date: Jun 12, 2025
Post‑Crash Equipment Evidence Can Defeat Summary Disposition; Spoliation Sanctions Require Explicit Findings on Materiality and Pre‑Suit Preservation Duty Introduction This commentary examines the...
Venue Under Minn. Stat. § 627.01 Is Not an Element: Guilty Plea Accuracy Need Not Include Venue Facts — State v. Paulson (Minn. 2025)

Venue Under Minn. Stat. § 627.01 Is Not an Element: Guilty Plea Accuracy Need Not Include Venue Facts — State v. Paulson (Minn. 2025)

Date: Jun 12, 2025
Venue Under Minn. Stat. § 627.01 Is Not an Element: Guilty Plea Accuracy Need Not Include Venue Facts — State v. Paulson (Minn. 2025) Introduction In State of Minnesota v. Matthew Douglas Paulson, 22...
Embedded Objects as “Defects in the Sidewalk”: Michigan Supreme Court Clarifies MCL 691.1402a in Mann v. City of Detroit

Embedded Objects as “Defects in the Sidewalk”: Michigan Supreme Court Clarifies MCL 691.1402a in Mann v. City of Detroit

Date: Jun 12, 2025
Embedded Objects as “Defects in the Sidewalk”: Michigan Supreme Court Clarifies MCL 691.1402a in Mann v. City of Detroit Case: Kenneth Mann v. City of Detroit Court: Michigan Supreme Court Date: June...
State v. Parris: South Dakota Authorizes Opening of Closed Containers During Mental Health Protective Custody as a Noninvestigatory Administrative Search, and Clarifies Probable Cause for Emergency Detentions

State v. Parris: South Dakota Authorizes Opening of Closed Containers During Mental Health Protective Custody as a Noninvestigatory Administrative Search, and Clarifies Probable Cause for Emergency Detentions

Date: Jun 12, 2025
State v. Parris: South Dakota Authorizes Opening of Closed Containers During Mental Health Protective Custody as a Noninvestigatory Administrative Search, and Clarifies Probable Cause for Emergency...
“Enhanced Evidentiary Scrutiny of Referee Reports in Mortgage Foreclosure Actions” – A Commentary on HSBC Bank USA, N.A. v. Coxall (2025 NY Slip Op 03557)

“Enhanced Evidentiary Scrutiny of Referee Reports in Mortgage Foreclosure Actions” – A Commentary on HSBC Bank USA, N.A. v. Coxall (2025 NY Slip Op 03557)

Date: Jun 12, 2025
Enhanced Evidentiary Scrutiny of Referee Reports in Mortgage Foreclosure Actions Commentary on HSBC Bank USA, N.A. v. Coxall (2025 NY Slip Op 03557, Appellate Division, Second Department)...
State v. Shepley: South Dakota Endorses Tovar’s Plea-Stage Waiver Standard and Reaffirms Court’s Nondelegable Duty to Warn

State v. Shepley: South Dakota Endorses Tovar’s Plea-Stage Waiver Standard and Reaffirms Court’s Nondelegable Duty to Warn

Date: Jun 12, 2025
State v. Shepley: South Dakota Endorses Tovar’s Plea-Stage Waiver Standard and Reaffirms Court’s Nondelegable Duty to Warn Introduction In State v. Shepley, 2025 S.D. 28, the Supreme Court of South...
Mandatory Jury Inquiry into “Scope of Employment” for Respondeat-Superior Liability:  A Commentary on Eaton v. Fiotos (2025)

Mandatory Jury Inquiry into “Scope of Employment” for Respondeat-Superior Liability: A Commentary on Eaton v. Fiotos (2025)

Date: Jun 12, 2025
Mandatory Jury Inquiry into “Scope of Employment” for Respondeat-Superior Liability: A Comprehensive Commentary on Eaton v. Fiotos (2025 NY Slip Op 03553) Introduction In Eaton v. Fiotos, the New...
SDCL 44-9-42 Authorizes Attorney Fees for Defending Intertwined Counterclaims in Mechanic’s Lien Actions; Law-of-the-Case Controls Fee Decisions on Remand

SDCL 44-9-42 Authorizes Attorney Fees for Defending Intertwined Counterclaims in Mechanic’s Lien Actions; Law-of-the-Case Controls Fee Decisions on Remand

Date: Jun 12, 2025
SDCL 44-9-42 Authorizes Attorney Fees for Defending Intertwined Counterclaims in Mechanic’s Lien Actions; Law-of-the-Case Controls Fee Decisions on Remand Introduction In Smith Masonry v. WIPI Group...
ERISA’s Anti-Alienation Provision Trumps N.Y. CPLR §5205(c)(5): A Second Circuit Clarification

ERISA’s Anti-Alienation Provision Trumps N.Y. CPLR §5205(c)(5): A Second Circuit Clarification

Date: Jun 11, 2025
ERISA’s Anti-Alienation Provision Trumps N.Y. CPLR §5205(c)(5): A Second Circuit Clarification 1. Introduction Case: Office Create Corp. v. Planet Entertainment, LLC, No. 24-1879 (2d Cir. June 10,...
Eleventh Circuit Clarifies that Failure to Exhaust SSA Administrative Remedies Is Non-Jurisdictional but Still Dispositive – Commentary on Daniel Chapel v. Social Security Administration, Commissioner

Eleventh Circuit Clarifies that Failure to Exhaust SSA Administrative Remedies Is Non-Jurisdictional but Still Dispositive – Commentary on Daniel Chapel v. Social Security Administration, Commissioner

Date: Jun 11, 2025
Eleventh Circuit Clarifies that Failure to Exhaust SSA Administrative Remedies Is Non-Jurisdictional but Still Dispositive I. Introduction Case: Daniel L. Chapel v. Commissioner of the Social...
Strategic Non-Request of Jury Instruction on “Familial Authority” and the Exhaustion Pitfall:  Duane Adams v. Secretary, Florida DOC

Strategic Non-Request of Jury Instruction on “Familial Authority” and the Exhaustion Pitfall: Duane Adams v. Secretary, Florida DOC

Date: Jun 11, 2025
Strategic Non-Request of Jury Instruction on “Familial Authority” and the Exhaustion Pitfall: A Commentary on Duane Adams v. Secretary, Florida Department of Corrections (11th Cir. 2025) Introduction...
Strict Enforcement of Prior-Knowledge Exclusions in Professional Liability Policies: A Commentary on Fives ST Corp. v. Allied World Surplus Lines Ins. Co.

Strict Enforcement of Prior-Knowledge Exclusions in Professional Liability Policies: A Commentary on Fives ST Corp. v. Allied World Surplus Lines Ins. Co.

Date: Jun 11, 2025
Strict Enforcement of Prior-Knowledge Exclusions in Professional Liability Policies: Commentary on Fives ST Corp. v. Allied World Surplus Lines Insurance Co. Introduction On 10 June 2025, the United...
Post-Chiaverini Qualified-Immunity Shield: Sixth Circuit Affirms Summary Judgment in Rasawehr v. Grey

Post-Chiaverini Qualified-Immunity Shield: Sixth Circuit Affirms Summary Judgment in Rasawehr v. Grey

Date: Jun 11, 2025
Post-Chiaverini Qualified-Immunity Shield: Sixth Circuit Affirms Summary Judgment in Rasawehr v. Grey Introduction Jeffrey Rasawehr, an outspoken critic of the Mercer County (Ohio) Sheriff’s Office,...
United States v. Rollins: Sixth Circuit Reaffirms District Courts’ Broad Discretion in Guideline-Reduction Motions After Amendment 821

United States v. Rollins: Sixth Circuit Reaffirms District Courts’ Broad Discretion in Guideline-Reduction Motions After Amendment 821

Date: Jun 11, 2025
United States v. Rollins: Sixth Circuit Reaffirms District Courts’ Broad Discretion in Guideline-Reduction Motions After Amendment 821 Introduction United States v. Curtis Rollins, decided by the...
“More than the Principal”: The Sixth Circuit Confirms Courts May Award Pre-Judgment Interest under the MVRA

“More than the Principal”: The Sixth Circuit Confirms Courts May Award Pre-Judgment Interest under the MVRA

Date: Jun 11, 2025
“More than the Principal”: The Sixth Circuit Confirms Courts May Award Pre-Judgment Interest under the MVRA 1. Introduction United States v. Irene Michelle Fike, No. 24-5857 (6th Cir. June 10, 2025)...
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