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  • Commentaries
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state Case Commentaries

Clarifying CPLR 3211(a)(7) Standards in Legal Malpractice Claims: Ofman v. Richland

Clarifying CPLR 3211(a)(7) Standards in Legal Malpractice Claims: Ofman v. Richland

Date: Jan 23, 2025
Clarifying CPLR 3211(a)(7) Standards in Legal Malpractice Claims: Ofman v. Richland Introduction In the landmark case of Mendel E. Ofman v. Daniel H. Richland et al., decided by the Supreme Court of...
Clarifying the Dismissal of Cross-Claims under CPLR 3211(a)(7): Insights from Pinkesz v. Massachusetts Mutual

Clarifying the Dismissal of Cross-Claims under CPLR 3211(a)(7): Insights from Pinkesz v. Massachusetts Mutual

Date: Jan 23, 2025
Clarifying the Dismissal of Cross-Claims under CPLR 3211(a)(7): Insights from Pinkesz v. Massachusetts Mutual Introduction In the landmark case of Anthony Pinkesz v. Massachusetts Mutual Life...
Impact of FAPA on Statute of Limitations in Foreclosure Actions: Insights from FV-1, Inc. v. Palaguachi

Impact of FAPA on Statute of Limitations in Foreclosure Actions: Insights from FV-1, Inc. v. Palaguachi

Date: Jan 23, 2025
Impact of FAPA on Statute of Limitations in Foreclosure Actions: Insights from FV-1, Inc. v. Palaguachi Introduction The case FV-1, Inc., etc., appellant, v. Luis E. Palaguachi, et al., defendants,...
Enforcing Prosecutorial Due Diligence in Speedy Trial Motions: The People v. Isiah Serrano

Enforcing Prosecutorial Due Diligence in Speedy Trial Motions: The People v. Isiah Serrano

Date: Jan 23, 2025
Enforcing Prosecutorial Due Diligence in Speedy Trial Motions: The People v. Isiah Serrano Introduction The case of The People of the State of New York v. Isiah Serrano (2025 N.Y. Slip Op. 338) marks...
Termination of Parental Rights in Montana: A Comprehensive Analysis of In the Matter of M.N. and M.N.

Termination of Parental Rights in Montana: A Comprehensive Analysis of In the Matter of M.N. and M.N.

Date: Jan 23, 2025
Termination of Parental Rights in Montana: A Comprehensive Analysis of In the Matter of M.N. and M.N. Introduction In In the Matter of: M.N. and M.N., Youths in Need of Care (2025 MT 13), the Montana...
Mandatory Hearing Requirement for Parenting Plan Amendments Under §40-4-220, MCA

Mandatory Hearing Requirement for Parenting Plan Amendments Under §40-4-220, MCA

Date: Jan 23, 2025
Mandatory Hearing Requirement for Parenting Plan Amendments Under §40-4-220, MCA Introduction The case of In Re the Parenting of: G.L.M.S. and T.L.S., Minor Children involves a dispute between Thomas...
Affirmation of Final Parenting Plan Based on Child's Best Interests

Affirmation of Final Parenting Plan Based on Child's Best Interests

Date: Jan 23, 2025
Affirmation of Final Parenting Plan Based on Child's Best Interests Introduction In the case titled IN RE THE PARENTING OF: T.R.L., Cassie Nez Perce appealed the District Court of the Sixteenth...
Equitable Distribution in Divorce: N.H. Supreme Court Affirms Unequal Property Division Based on Marriage Duration and Pre-Marital Ownership

Equitable Distribution in Divorce: N.H. Supreme Court Affirms Unequal Property Division Based on Marriage Duration and Pre-Marital Ownership

Date: Jan 23, 2025
Equitable Distribution in Divorce: N.H. Supreme Court Affirms Unequal Property Division Based on Marriage Duration and Pre-Marital Ownership Introduction The case of Heather Mackesy-Boyle and David...
Affirmation of Felony DUI Conviction and Evidentiary Standards in State v. Boucher

Affirmation of Felony DUI Conviction and Evidentiary Standards in State v. Boucher

Date: Jan 23, 2025
Affirmation of Felony DUI Conviction and Evidentiary Standards in State v. Boucher Introduction State of Montana v. David A. Boucher is a significant case adjudicated by the Supreme Court of Montana...
IN RE M.T. Establishes Judicial Discretion in Juvenile Placement Decisions

IN RE M.T. Establishes Judicial Discretion in Juvenile Placement Decisions

Date: Jan 23, 2025
IN RE M.T. Establishes Judicial Discretion in Juvenile Placement Decisions Introduction IN RE M.T. (2025 N.H. 4) is a significant judgment from the Supreme Court of New Hampshire that addresses the...
Dismissal of Mandamus Action in SARA-Compliant Housing Case Establishes Mootness Doctrine Precedence

Dismissal of Mandamus Action in SARA-Compliant Housing Case Establishes Mootness Doctrine Precedence

Date: Jan 23, 2025
Dismissal of Mandamus Action in SARA-Compliant Housing Case Establishes Mootness Doctrine Precedence Introduction The case of Latif Lamar v. Doris Cuevas, et al. (2025 N.Y. Slip Op. 322) adjudicated...
Continental Bankers Test Reaffirmed for Piercing the Corporate Veil in Tennessee

Continental Bankers Test Reaffirmed for Piercing the Corporate Veil in Tennessee

Date: Jan 23, 2025
Continental Bankers Test Reaffirmed for Piercing the Corporate Veil in Tennessee Introduction The Supreme Court of Tennessee, in the case of Charles Youree, Jr. v. Recovery House of East Tennessee,...
Sufficient Affidavit of Merit in Multi-Specialty Medical Malpractice Cases: New Precedent in New Jersey

Sufficient Affidavit of Merit in Multi-Specialty Medical Malpractice Cases: New Precedent in New Jersey

Date: Jan 23, 2025
Sufficient Affidavit of Merit in Multi-Specialty Medical Malpractice Cases: New Precedent in New Jersey Introduction The case of Earneka Wiggins and Lynda Myers v. Hackensack Meridian Health et al....
Statute of Limitations in Out-of-Network Reimbursement Disputes: Laine v. Empire HealthChoice Assurance

Statute of Limitations in Out-of-Network Reimbursement Disputes: Laine v. Empire HealthChoice Assurance

Date: Jan 23, 2025
Statute of Limitations in Out-of-Network Reimbursement Disputes: Laine v. Empire HealthChoice Assurance Introduction The case of Jean. Laine, etc., appellant, v. Empire HealthChoice Assurance, Inc.,...
Affirmation of CPLR Standards and Sanctions for Frivolous Appeals in U.S. Bank v. Valerie Tait

Affirmation of CPLR Standards and Sanctions for Frivolous Appeals in U.S. Bank v. Valerie Tait

Date: Jan 23, 2025
Affirmation of CPLR Standards and Sanctions for Frivolous Appeals in U.S. Bank v. Valerie Tait Introduction The case of U.S. Bank National Association, etc., v. Valerie Tait, et al., Innovation Two,...
Affirmation of Waiver of Appeal Rights in Plea Agreements: State v. Golas

Affirmation of Waiver of Appeal Rights in Plea Agreements: State v. Golas

Date: Jan 23, 2025
Affirmation of Waiver of Appeal Rights in Plea Agreements: State v. Golas Introduction The case of State of Montana v. Ronald L. Golas (2025 MT 11) presents a pivotal examination of the procedural...
Appellate Review Standards for Preliminary Injunctions: CKHS, Inc. v. Prospect Medical Holdings, Inc.

Appellate Review Standards for Preliminary Injunctions: CKHS, Inc. v. Prospect Medical Holdings, Inc.

Date: Jan 23, 2025
Appellate Review Standards for Preliminary Injunctions: CKHS, Inc. v. Prospect Medical Holdings, Inc. Introduction In the case of CKHS, Inc. and The Foundation for Delaware County v. Prospect Medical...
Affirming the Admissibility of Gang Affiliation Evidence in Bernal v. State of Nevada

Affirming the Admissibility of Gang Affiliation Evidence in Bernal v. State of Nevada

Date: Jan 23, 2025
Affirming the Admissibility of Gang Affiliation Evidence in Bernal v. State of Nevada Introduction In the landmark case of Fabian Bernal v. The State of Nevada, the Supreme Court of Nevada addressed...
Defamation and the Boundaries of Opinion: 'White Supremacist' Label Established as Nonactionable in Connecticut

Defamation and the Boundaries of Opinion: 'White Supremacist' Label Established as Nonactionable in Connecticut

Date: Jan 22, 2025
Defamation and the Boundaries of Opinion: 'White Supremacist' Label Established as Nonactionable in Connecticut Introduction The case of Sean Murphy v. Beth Rosen adjudicated by the Supreme Court of...
Severance of Third-Party Actions Affirmed in Destiny Paulino v. Staten Island University Hospital

Severance of Third-Party Actions Affirmed in Destiny Paulino v. Staten Island University Hospital

Date: Jan 20, 2025
Severance of Third-Party Actions Affirmed in Destiny Paulino v. Staten Island University Hospital Introduction The case of Destiny Paulino, plaintiff-respondent, v. Staten Island University Hospital,...
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