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  • Commentaries
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state Case Commentaries

Harmless Error Review for Excluding Mental Condition Evidence under Code §19.2-271.6

Harmless Error Review for Excluding Mental Condition Evidence under Code §19.2-271.6

Date: Apr 18, 2025
Harmless Error Review for Excluding Mental Condition Evidence under Code §19.2-271.6 Introduction Shaw v. Commonwealth (Va. Supreme Court, April 17, 2025) addresses two intertwined issues: the...
Mandatory Articulation of Rationale in Relinquishment of Jurisdiction Orders

Mandatory Articulation of Rationale in Relinquishment of Jurisdiction Orders

Date: Apr 18, 2025
Mandatory Articulation of Rationale in Relinquishment of Jurisdiction Orders Introduction In State v. Ruiz, the Idaho Supreme Court considered whether a district court must provide articulated...
Invalid Mortgage Acceleration in Prior Foreclosure Action Cannot Estop Debtor under CPLR 213(4)

Invalid Mortgage Acceleration in Prior Foreclosure Action Cannot Estop Debtor under CPLR 213(4)

Date: Apr 17, 2025
Invalid Mortgage Acceleration in Prior Foreclosure Action Cannot Estop Debtor under CPLR 213(4) Introduction Case: U.S. Bank Trust, N.A. v. Gruen, 2025 NYSlipOp 02235 Court: Appellate Division,...
Strict Enforcement of Attorney Trust Account Obligations: Suspension for Misappropriation and Recordkeeping Failures – Matter of Mangal (2025)

Strict Enforcement of Attorney Trust Account Obligations: Suspension for Misappropriation and Recordkeeping Failures – Matter of Mangal (2025)

Date: Apr 17, 2025
Strict Enforcement of Attorney Trust Account Obligations: Suspension for Misappropriation and Recordkeeping Failures Introduction The Appellate Division, Second Department, in Matter of Mangal (2025...
Mandatory Disbarment upon Conviction of Serious Crime Involving Dishonesty: Matter of Higginbotham

Mandatory Disbarment upon Conviction of Serious Crime Involving Dishonesty: Matter of Higginbotham

Date: Apr 17, 2025
Mandatory Disbarment upon Conviction of Serious Crime Involving Dishonesty: Matter of Higginbotham Introduction In Matter of Higginbotham, 2025 NY Slip Op 02203, the Appellate Division, Second...
Insurer’s Right to Subrogation Under the Dram Shop Act

Insurer’s Right to Subrogation Under the Dram Shop Act

Date: Apr 17, 2025
Insurer’s Right to Subrogation Under the Dram Shop Act Introduction Drive New Jersey Insurance Company v. RT Hospitality Group, LLC, 2025 NYSlipOp 02188 (App. Div. 2d Dep’t Apr. 16, 2025) represents...
Cianciulli v. Urban Foundation/Engineering, LLC: Clarifying Subcontractor Liability and Indemnification under New York Labor Law

Cianciulli v. Urban Foundation/Engineering, LLC: Clarifying Subcontractor Liability and Indemnification under New York Labor Law

Date: Apr 17, 2025
Cianciulli v. Urban Foundation/Engineering, LLC: Clarifying Subcontractor Liability and Indemnification under New York Labor Law Introduction In Cianciulli v. Urban Foundation/Engineering, LLC (2025...
Easement by Necessity vs. Prescription: CPLR 3211(a) and the Limits of Preexisting Licenses

Easement by Necessity vs. Prescription: CPLR 3211(a) and the Limits of Preexisting Licenses

Date: Apr 17, 2025
Easement by Necessity vs. Prescription: CPLR 3211(a) and the Limits of Preexisting Licenses Introduction In 572 Walt Whitman Rd. Holdings, LLC v. Whitman Capital, LLC, 2025 NYSlipOp 02179 (App. Div....
Establishing Severe Sanctions for Serial Frivolous Filings Under Rule 11 SCRCP

Establishing Severe Sanctions for Serial Frivolous Filings Under Rule 11 SCRCP

Date: Apr 17, 2025
Establishing Severe Sanctions for Serial Frivolous Filings Under Rule 11 SCRCP Introduction In Russell Bauknight v. Adele Pope, the Supreme Court of South Carolina clarified the scope and severity of...
Reaffirming the Renewal Standard for Alimony: Renewal Versus Modification in In the Matter of Taylor

Reaffirming the Renewal Standard for Alimony: Renewal Versus Modification in In the Matter of Taylor

Date: Apr 17, 2025
Reaffirming the Renewal Standard for Alimony: Renewal Versus Modification in In the Matter of Taylor Introduction In its April 16, 2025 order in In the Matter of Christopher Taylor and Therese Taylor...
Clarified Standards for Summary Judgment in Lieu of Complaint under CPLR 3213: Burden of Proof on Interest Payments and Documentary Evidence Requirements

Clarified Standards for Summary Judgment in Lieu of Complaint under CPLR 3213: Burden of Proof on Interest Payments and Documentary Evidence Requirements

Date: Apr 17, 2025
Clarified Standards for Summary Judgment in Lieu of Complaint under CPLR 3213: Burden of Proof on Interest Payments and Documentary Evidence Requirements Introduction In Patel v. Edmund (2025...
Insurer’s Right to Deny Defense and Indemnification Absent “Grave Injury” under WCL §11(1)

Insurer’s Right to Deny Defense and Indemnification Absent “Grave Injury” under WCL §11(1)

Date: Apr 17, 2025
Insurer’s Right to Deny Defense and Indemnification Absent “Grave Injury” under WCL §11(1) 1. Introduction This commentary examines the Appellate Division, Second Department’s decision in NGM...
Discretion in Allocating Assessment Stabilization Reserve Funds: Town of Riverhead v. County of Suffolk

Discretion in Allocating Assessment Stabilization Reserve Funds: Town of Riverhead v. County of Suffolk

Date: Apr 17, 2025
Discretion in Allocating Assessment Stabilization Reserve Funds: Town of Riverhead v. County of Suffolk Introduction In Matter of Town of Riverhead v. County of Suffolk, 2025 NYSlipOp 02209 (2nd...
Fox v. State: Enforcing Strict Jurisdictional Requirements under Court of Claims Act §11(b) and Discretionary Limits on Late Claims

Fox v. State: Enforcing Strict Jurisdictional Requirements under Court of Claims Act §11(b) and Discretionary Limits on Late Claims

Date: Apr 17, 2025
Fox v. State of New York (2025 NYSlipOp 02190): Enforcing Strict Jurisdictional Requirements under Court of Claims Act §11(b) and Discretionary Limits on Late Claims Introduction In Fox v. State of...
Expansion of Appointed‐Counsel Rights: Extending Flores to Pro Bono Representation by ANDVSA

Expansion of Appointed‐Counsel Rights: Extending Flores to Pro Bono Representation by ANDVSA

Date: Apr 17, 2025
Expansion of Appointed‐Counsel Rights: Extending Flores to Pro Bono Representation by ANDVSA Introduction John M. v. Michelle M. is a Supreme Court of Alaska custody dispute decided on April 16,...
Apathy and Self-Neglect as Indicators of Gravely Disabled Status under Alaska’s Involuntary Commitment Statute

Apathy and Self-Neglect as Indicators of Gravely Disabled Status under Alaska’s Involuntary Commitment Statute

Date: Apr 17, 2025
Apathy and Self-Neglect as Indicators of Gravely Disabled Status under Alaska’s Involuntary Commitment Statute Introduction In In the Matter of the Necessity for the Hospitalization of Kai H....
Supreme Court of Ohio Reinforces Mandamus Procedures and Naming Requirements: Clarifying R.C. 2731.04 and Rules 12.04–12.05 (2025-Ohio-1313)

Supreme Court of Ohio Reinforces Mandamus Procedures and Naming Requirements: Clarifying R.C. 2731.04 and Rules 12.04–12.05 (2025-Ohio-1313)

Date: Apr 17, 2025
Supreme Court of Ohio Reinforces Mandamus Procedures and Naming Requirements: Clarifying R.C. 2731.04 and Rules 12.04–12.05 (2025-Ohio-1313) Introduction On April 16, 2025, the Supreme Court of Ohio...
Targeted SI‑Joint Diagnostics Prevail Over Degenerative MRI Findings in Establishing “A Major Contributing Cause”; Odd‑Lot PTD Demands a Reasonable Job Search

Targeted SI‑Joint Diagnostics Prevail Over Degenerative MRI Findings in Establishing “A Major Contributing Cause”; Odd‑Lot PTD Demands a Reasonable Job Search

Date: Apr 17, 2025
Targeted SI‑Joint Diagnostics Prevail Over Degenerative MRI Findings in Establishing “A Major Contributing Cause”; Odd‑Lot PTD Demands a Reasonable Job Search Case: Brewer v. Tectum Holdings, Inc.,...
Administrative License Suspension Hearings: Non-Jurisdictional Nature of Statutory Time Limits and Prejudice Requirement

Administrative License Suspension Hearings: Non-Jurisdictional Nature of Statutory Time Limits and Prejudice Requirement

Date: Apr 17, 2025
Administrative License Suspension Hearings: Non-Jurisdictional Nature of Statutory Time Limits and Prejudice Requirement Introduction The case of Kyla Bernard-Nichols v. Director, New Hampshire...
Evidentiary Hearing Mandate for PAB Summary Dispositions in Termination Appeals

Evidentiary Hearing Mandate for PAB Summary Dispositions in Termination Appeals

Date: Apr 17, 2025
Evidentiary Hearing Mandate for PAB Summary Dispositions in Termination Appeals Introduction This case arises from an appeal by the New Hampshire Department of Corrections (“DOC”) of a Personnel...
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