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  • Commentaries
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state Case Commentaries

Encounter‑Specific EDTPA Immunity: Sapienza v. Tromba Clarifies the “Impact” Requirement and Reaffirms Non‑Retroactivity of EDTPA Repeal

Encounter‑Specific EDTPA Immunity: Sapienza v. Tromba Clarifies the “Impact” Requirement and Reaffirms Non‑Retroactivity of EDTPA Repeal

Date: Aug 14, 2025
Encounter‑Specific EDTPA Immunity: Sapienza v. Tromba Clarifies the “Impact” Requirement and Reaffirms Non‑Retroactivity of EDTPA Repeal Introduction Sapienza v. Tromba (2025 NY Slip Op 04672) is a...
Cooperative Corporations as “Owners” for Labor Law §§ 240(1) and 241(6): Proprietary-Lease Nexus Confirmed; Device-Quality Regulations (12 NYCRR 23-1.15, 23-1.16) Inapplicable When No Device Is Supplied

Cooperative Corporations as “Owners” for Labor Law §§ 240(1) and 241(6): Proprietary-Lease Nexus Confirmed; Device-Quality Regulations (12 NYCRR 23-1.15, 23-1.16) Inapplicable When No Device Is Supplied

Date: Aug 14, 2025
Cooperative Corporations as “Owners” for Labor Law §§ 240(1) and 241(6): Proprietary-Lease Nexus Confirmed; Device-Quality Regulations (12 NYCRR 23-1.15, 23-1.16) Inapplicable When No Device Is...
Including Children in Orders of Protection Requires Demonstrable Exposure or Endangerment: Second Department’s Clarification in Laura W. v. John U. (2025)

Including Children in Orders of Protection Requires Demonstrable Exposure or Endangerment: Second Department’s Clarification in Laura W. v. John U. (2025)

Date: Aug 14, 2025
Including Children in Orders of Protection Requires Demonstrable Exposure or Endangerment: Second Department’s Clarification in Laura W. v. John U. (2025) Court: Appellate Division, Second...
Settlement Allocution as Conclusive Documentary Evidence Defeating Post‑Settlement Malpractice Claims: Valentina v. Beckerman (2025)

Settlement Allocution as Conclusive Documentary Evidence Defeating Post‑Settlement Malpractice Claims: Valentina v. Beckerman (2025)

Date: Aug 14, 2025
Settlement Allocution as Conclusive Documentary Evidence Defeating Post‑Settlement Malpractice Claims: Valentina v. Beckerman Citation: Valentina v. Beckerman, 2025 NY Slip Op 04682 (App. Div. 2d...
CEEFPA Hardship Declarations Are Not an “Appearance”: Second Department Clarifies No Waiver of Personal Jurisdiction in Foreclosure Actions

CEEFPA Hardship Declarations Are Not an “Appearance”: Second Department Clarifies No Waiver of Personal Jurisdiction in Foreclosure Actions

Date: Aug 14, 2025
CEEFPA Hardship Declarations Are Not an “Appearance”: Second Department Clarifies No Waiver of Personal Jurisdiction in Foreclosure Actions Introduction In U.S. Bank Trust, N.A. v. Lane (2025 NY Slip...
Oversight Duties Defeat Common‑Law Indemnity and Contribution; Prime‑Contract Indemnity Does Not Flow Down Without Clear Incorporation — Town of Oyster Bay v. Peter Scalamandre & Sons, Inc. (2025 NY Slip Op 04679)

Oversight Duties Defeat Common‑Law Indemnity and Contribution; Prime‑Contract Indemnity Does Not Flow Down Without Clear Incorporation — Town of Oyster Bay v. Peter Scalamandre & Sons, Inc. (2025 NY Slip Op 04679)

Date: Aug 14, 2025
Oversight Duties Defeat Common‑Law Indemnity and Contribution; Prime‑Contract Indemnity Does Not Flow Down Without Clear Incorporation Case: Town of Oyster Bay v. Peter Scalamandre & Sons, Inc., 2025...
Functional Control at the Pleading Stage: New York’s Second Department Lowers the Barrier to Alleging Joint-Employer and Single-Enterprise Liability (Shujing Yu v. Mask Pot, Inc., 2025 NY Slip Op 04673)

Functional Control at the Pleading Stage: New York’s Second Department Lowers the Barrier to Alleging Joint-Employer and Single-Enterprise Liability (Shujing Yu v. Mask Pot, Inc., 2025 NY Slip Op 04673)

Date: Aug 14, 2025
Functional Control at the Pleading Stage: New York’s Second Department Lowers the Barrier to Alleging Joint-Employer and Single-Enterprise Liability Introduction In Shujing Yu v. Mask Pot, Inc. (2025...
Pre‑2019 NYSHRL Standards Reaffirmed; Legitimate Elimination of Administrative Stipends Defeats Gender Discrimination and Retaliation Claims — Commentary on Niemotko v. Mount Saint Mary College (2025 NY Slip Op 04658)

Pre‑2019 NYSHRL Standards Reaffirmed; Legitimate Elimination of Administrative Stipends Defeats Gender Discrimination and Retaliation Claims — Commentary on Niemotko v. Mount Saint Mary College (2025 NY Slip Op 04658)

Date: Aug 14, 2025
Pre‑2019 NYSHRL Standards Reaffirmed; Legitimate Elimination of Administrative Stipends Defeats Gender Discrimination and Retaliation Claims — Commentary on Niemotko v. Mount Saint Mary College (2025...

        Offence-Date Baseline Reaffirmed for Ex-Post-Facto Parole Challenges:
        Commentary on Fred Krug v. New Jersey State Parole Board

Offence-Date Baseline Reaffirmed for Ex-Post-Facto Parole Challenges: Commentary on Fred Krug v. New Jersey State Parole Board

Date: Aug 13, 2025
Offence-Date Baseline Reaffirmed for Ex-Post-Facto Parole Challenges: A Structured Commentary on Fred Krug v. New Jersey State Parole Board (N.J. 2025) 1. Introduction In Fred Krug v. New Jersey...
“One Year to Sue”: The New Jersey Supreme Court Aligns False-Light Privacy Claims with Defamation for Statute-of-Limitations Purposes

“One Year to Sue”: The New Jersey Supreme Court Aligns False-Light Privacy Claims with Defamation for Statute-of-Limitations Purposes

Date: Aug 13, 2025
“One Year to Sue”: The New Jersey Supreme Court Aligns False-Light Privacy Claims with Defamation for Statute-of-Limitations Purposes Introduction On 7 August 2025, the Supreme Court of New Jersey...
From “Patent and Gross” to “Ordinary”: State v. Taylor Jr. Redefines Judicial Review of Graves Act Waiver Denials

From “Patent and Gross” to “Ordinary”: State v. Taylor Jr. Redefines Judicial Review of Graves Act Waiver Denials

Date: Aug 13, 2025
From “Patent and Gross” to “Ordinary”: State v. Taylor Jr. Establishes the Abuse-of-Discretion Standard for Graves Act Waiver Reviews Introduction State v. Delshon J. Taylor Jr., 259 N.J. ___ (2025),...
“Beyond the Final Whistle” – Nevada Clarifies Post-Employment Arbitrability and Unconscionability in The National Football League v. Gruden

“Beyond the Final Whistle” – Nevada Clarifies Post-Employment Arbitrability and Unconscionability in The National Football League v. Gruden

Date: Aug 13, 2025
“Beyond the Final Whistle” – Nevada Clarifies Post-Employment Arbitrability and Unconscionability in The National Football League v. Gruden I. Introduction On 11 August 2025 the Supreme Court of...
No Stand-Alone “Community Caretaking” Exception:  State v. Adams and the Constitutional Limits on Searching Civilly-Committed Patients

No Stand-Alone “Community Caretaking” Exception: State v. Adams and the Constitutional Limits on Searching Civilly-Committed Patients

Date: Aug 13, 2025
No Stand-Alone “Community Caretaking” Exception: State v. Adams and the Constitutional Limits on Searching Civilly-Committed Patients Introduction State v. Adams, 50841 (Idaho Aug. 11 2025), squarely...
Walker v. Newell: Vermont Supreme Court Reinforces Trial Judges’ Continuing Rule-403 Discretion over Stale Conviction Evidence in Punitive-Damages Trials

Walker v. Newell: Vermont Supreme Court Reinforces Trial Judges’ Continuing Rule-403 Discretion over Stale Conviction Evidence in Punitive-Damages Trials

Date: Aug 13, 2025
Walker v. Newell: Vermont Supreme Court Reinforces Trial Judges’ Continuing Rule-403 Discretion over Stale Conviction Evidence in Punitive-Damages Trials 1. Introduction Case Name: Christina Walker...
Vermont Supreme Court Endorses Reliance on Non-Rule Agency Policy in Child-Abuse Substantiation Proceedings – Commentary on In re Appeal of T.J. (2025)

Vermont Supreme Court Endorses Reliance on Non-Rule Agency Policy in Child-Abuse Substantiation Proceedings – Commentary on In re Appeal of T.J. (2025)

Date: Aug 13, 2025
Vermont Supreme Court Endorses Reliance on Non-Rule Agency Policy in Child-Abuse Substantiation Proceedings Commentary on In re Appeal of T.J., 2025 VT ___ (Aug. 8, 2025) 1. Introduction The Vermont...
Event-Triggered Permit Conditions Upheld: Vermont Supreme Court Clarifies “Material Change” and the Condition-Subsequent Doctrine under Act 250 – Commentary on In re Costco Wholesale Administrative Decision, 2025 VT 44

Event-Triggered Permit Conditions Upheld: Vermont Supreme Court Clarifies “Material Change” and the Condition-Subsequent Doctrine under Act 250 – Commentary on In re Costco Wholesale Administrative Decision, 2025 VT 44

Date: Aug 13, 2025
Event-Triggered Permit Conditions Upheld: Vermont Supreme Court Clarifies “Material Change” and the Condition-Subsequent Doctrine under Act 250 Introduction The Supreme Court of Vermont in In re...
“Stagnation Suffices” – Vermont Supreme Court Clarifies the Single-Step
Change-in-Circumstances Standard under 33 V.S.A. § 5113(b)

“Stagnation Suffices” – Vermont Supreme Court Clarifies the Single-Step Change-in-Circumstances Standard under 33 V.S.A. § 5113(b)

Date: Aug 13, 2025
“Stagnation Suffices” – Vermont Supreme Court Clarifies the Single-Step Change-in-Circumstances Standard under 33 V.S.A. § 5113(b) 1. Introduction The Vermont Supreme Court’s entry order in In Re...
“Partial Progress Is Not Enough” – Vermont Supreme Court Clarifies the Doctrine of Parental Stagnation and the “Reasonable-Time” Standard in Termination-of-Parental-Rights Cases

“Partial Progress Is Not Enough” – Vermont Supreme Court Clarifies the Doctrine of Parental Stagnation and the “Reasonable-Time” Standard in Termination-of-Parental-Rights Cases

Date: Aug 13, 2025
“Partial Progress Is Not Enough” – Vermont Supreme Court Clarifies the Doctrine of Parental Stagnation and the “Reasonable-Time” Standard in Termination-of-Parental-Rights Cases 1. Introduction In In...
Clarifying ICWA Inquiry Duties and Putative Fathers’ Due-Process Rights in Vermont – A Commentary on In re O.L., Juvenile (2025)

Clarifying ICWA Inquiry Duties and Putative Fathers’ Due-Process Rights in Vermont – A Commentary on In re O.L., Juvenile (2025)

Date: Aug 13, 2025
Clarifying ICWA Inquiry Duties and Putative Fathers’ Due-Process Rights in Vermont – A Commentary on In re O.L., Juvenile (Vt. 2025) Introduction The Vermont Supreme Court’s decision in In re O.L.,...
Twombly v. Horne: Reaffirming the Appellant’s Duty to Perfect the Record and the Automatic Writ of Possession under Vermont’s Rent-Escrow Statute

Twombly v. Horne: Reaffirming the Appellant’s Duty to Perfect the Record and the Automatic Writ of Possession under Vermont’s Rent-Escrow Statute

Date: Aug 13, 2025
Twombly v. Horne: Reaffirming the Appellant’s Duty to Perfect the Record and the Automatic Writ of Possession under Vermont’s Rent-Escrow Statute Introduction Oliver Twombly v. Marcia Horne, 2025 VT...
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