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  • Commentaries
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state Case Commentaries

Broadening the Protective Scope of Labor Law § 240(1): An Integrated Approach to Assessing Construction Activity Liability

Broadening the Protective Scope of Labor Law § 240(1): An Integrated Approach to Assessing Construction Activity Liability

Date: Feb 23, 2025
Broadening the Protective Scope of Labor Law § 240(1): An Integrated Approach to Assessing Construction Activity Liability Introduction The case of Mark Traub v. Basketball City New York LLC et al....
New Precedent on Timeliness and Service Completion Under CPLR 205-a in Foreclosure Actions

New Precedent on Timeliness and Service Completion Under CPLR 205-a in Foreclosure Actions

Date: Feb 23, 2025
New Precedent on Timeliness and Service Completion Under CPLR 205-a in Foreclosure Actions Introduction In the case of Deutsche Bank National Trust Company, etc., v. Luz Zak, et al., a dispute arose...
Establishing Trial Readiness and Timely Proceedings: New Precedent on Dismissal for Default

Establishing Trial Readiness and Timely Proceedings: New Precedent on Dismissal for Default

Date: Feb 23, 2025
Establishing Trial Readiness and Timely Proceedings: New Precedent on Dismissal for Default Introduction The case of Wilfred Rivera v. Waterview Towers, Inc. represents a significant development in...
The Renewal of Dismissal Motions: Applying Collateral Estoppel and Statute of Limitations in Professional Malpractice Cases

The Renewal of Dismissal Motions: Applying Collateral Estoppel and Statute of Limitations in Professional Malpractice Cases

Date: Feb 23, 2025
The Renewal of Dismissal Motions: Applying Collateral Estoppel and Statute of Limitations in Professional Malpractice Cases Introduction The present Judgment in Trump Village Section 4, Inc. v....
Clarifying Municipal Standing in Administrative Challenges: Limits under Navigation Law

Clarifying Municipal Standing in Administrative Challenges: Limits under Navigation Law

Date: Feb 23, 2025
Clarifying Municipal Standing in Administrative Challenges: Limits under Navigation Law Introduction This Judgment emanates from a CPLR article 78 proceeding in which the Village of Huntington Bay...
Extended Protection in Family Offense Proceedings: Affirming Aggravating Circumstances for Enhanced Safety

Extended Protection in Family Offense Proceedings: Affirming Aggravating Circumstances for Enhanced Safety

Date: Feb 23, 2025
Extended Protection in Family Offense Proceedings: Affirming Aggravating Circumstances for Enhanced Safety Introduction The case of In the Matter of Lissete Nunez, appellant-respondent, v. Brian A....
Affirmation of Substantial Evidence Standard in Chemical Test Refusal Cases

Affirmation of Substantial Evidence Standard in Chemical Test Refusal Cases

Date: Feb 23, 2025
Affirmation of Substantial Evidence Standard in Chemical Test Refusal Cases Introduction This commentary examines the recent decision in In the Matter of Charles E. Ball, Jr., respondent, v. Mark J....
Merging of False Imprisonment and Assault Offenses in Domestic Violence Cases: A New Precedent from THE STATE OF NEW HAMPSHIRE v. JALEN MILLER

Merging of False Imprisonment and Assault Offenses in Domestic Violence Cases: A New Precedent from THE STATE OF NEW HAMPSHIRE v. JALEN MILLER

Date: Feb 23, 2025
Merging of False Imprisonment and Assault Offenses in Domestic Violence Cases: A New Precedent from THE STATE OF NEW HAMPSHIRE v. JALEN MILLER Introduction In the decision rendered on February 19,...
Extending Allocations of Death Benefits for Dependents Beyond Statutory Limitations

Extending Allocations of Death Benefits for Dependents Beyond Statutory Limitations

Date: Feb 23, 2025
Extending Allocations of Death Benefits for Dependents Beyond Statutory Limitations Introduction This commentary discusses the Supreme Court of New Hampshire’s decision in the Appeal of Estate of...
Redefining "Public Place": Affirming the Interior of a Motor Vehicle on a Public Road as a Public Place Under Minn. Stat. § 624.7181

Redefining "Public Place": Affirming the Interior of a Motor Vehicle on a Public Road as a Public Place Under Minn. Stat. § 624.7181

Date: Feb 23, 2025
Redefining "Public Place": Affirming the Interior of a Motor Vehicle on a Public Road as a Public Place Under Minn. Stat. § 624.7181 Introduction This commentary examines the recent decision in the...
Clarifying Vicarious Liability in Real Estate Management: A New Standard for Summary Judgment

Clarifying Vicarious Liability in Real Estate Management: A New Standard for Summary Judgment

Date: Feb 23, 2025
Clarifying Vicarious Liability in Real Estate Management: A New Standard for Summary Judgment Introduction The case of Christian Longo v. 700B8, LLC, et al., decided by the Supreme Court of Louisiana...
Revisiting the Nondelegation Doctrine: Georgia’s Boundaries on Legislative Power Delegation

Revisiting the Nondelegation Doctrine: Georgia’s Boundaries on Legislative Power Delegation

Date: Feb 23, 2025
Revisiting the Nondelegation Doctrine: Georgia’s Boundaries on Legislative Power Delegation Introduction The case of Atlantic Games, Inc. v. Georgia Lottery Corporation presents a significant...
Recalibrating Nuisance Claims: Exhaustion, Zoning, and the UDO’s Integration of State and Federal Law

Recalibrating Nuisance Claims: Exhaustion, Zoning, and the UDO’s Integration of State and Federal Law

Date: Feb 22, 2025
Recalibrating Nuisance Claims: Exhaustion, Zoning, and the UDO’s Integration of State and Federal Law Introduction The case of Willow Haven on 106th Street, LLC v. Hari Nagireddy and Saranya...
Partition by Condominium Property Regime: Rejecting Court-Ordered Condominiumization in Partition Actions

Partition by Condominium Property Regime: Rejecting Court-Ordered Condominiumization in Partition Actions

Date: Feb 22, 2025
Partition by Condominium Property Regime: Rejecting Court-Ordered Condominiumization in Partition Actions Introduction The present Judgment, rendered by the Supreme Court of Hawaiʻi on February 19,...
Reaffirming the Accomplice-Corroboration Standard and Clarifying Burden of Proof in Felony-Murder Cases

Reaffirming the Accomplice-Corroboration Standard and Clarifying Burden of Proof in Felony-Murder Cases

Date: Feb 22, 2025
Reaffirming the Accomplice-Corroboration Standard and Clarifying Burden of Proof in Felony-Murder Cases Introduction In the recent decision of WASHINGTON v. THE STATE, the Supreme Court of Georgia...
A Refined Standard for Pre-Trial Immunity Motions in Self-Defense Cases

A Refined Standard for Pre-Trial Immunity Motions in Self-Defense Cases

Date: Feb 22, 2025
A Refined Standard for Pre-Trial Immunity Motions in Self-Defense Cases Introduction The case of THE STATE v. GATES marks an important judicial decision by the Supreme Court of Georgia. At its core,...
Ensuring Competence and Integrity in Legal Filings: Lessons from Mance’s Public Reprimand

Ensuring Competence and Integrity in Legal Filings: Lessons from Mance’s Public Reprimand

Date: Feb 22, 2025
Ensuring Competence and Integrity in Legal Filings: Lessons from Mance’s Public Reprimand Introduction This commentary examines the Supreme Court of Georgia’s recent judgment in the matter of...
Mandatory Notice Requirement under OCGA § 17-10-1: Affirming Judicial Discretion in Probation Termination

Mandatory Notice Requirement under OCGA § 17-10-1: Affirming Judicial Discretion in Probation Termination

Date: Feb 22, 2025
Mandatory Notice Requirement under OCGA § 17-10-1: Affirming Judicial Discretion in Probation Termination Introduction The case of CLARK v. THE STATE, decided by the Supreme Court of Georgia on...
Tactical Discretion and Evidentiary Scrutiny: New Clarifications from SMITH v. THE STATE

Tactical Discretion and Evidentiary Scrutiny: New Clarifications from SMITH v. THE STATE

Date: Feb 22, 2025
Tactical Discretion and Evidentiary Scrutiny: New Clarifications from SMITH v. THE STATE Introduction The recent decision in SMITH v. THE STATE, rendered by the Supreme Court of Georgia on February...
New Precedent on Accomplice-Corroboration Evidence Requirements in Georgia

New Precedent on Accomplice-Corroboration Evidence Requirements in Georgia

Date: Feb 22, 2025
New Precedent on Accomplice-Corroboration Evidence Requirements in Georgia Introduction The Supreme Court of Georgia’s recent decision in RENDER v. THE STATE establishes an important precedent...
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