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  • Commentaries
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state Case Commentaries

Vermont Supreme Court Upholds Denial of Self-Defense Instruction in Assault Case

Vermont Supreme Court Upholds Denial of Self-Defense Instruction in Assault Case

Date: Dec 27, 2024
Vermont Supreme Court Upholds Denial of Self-Defense Instruction in Assault Case Introduction In State of Vermont v. Robert Dyer*, decided on December 20, 2024, the Supreme Court of Vermont addressed...
Equitable Property Division and Spousal Maintenance: Insights from Jonna Creed v. David Perry

Equitable Property Division and Spousal Maintenance: Insights from Jonna Creed v. David Perry

Date: Dec 27, 2024
Equitable Property Division and Spousal Maintenance: Insights from Jonna Creed v. David Perry Introduction The case of Jonna Creed v. David Perry adjudicated by the Supreme Court of Vermont on...
Establishing Guardians' Duty to Implement Care Programs: In re Appeal of L.L.*

Establishing Guardians' Duty to Implement Care Programs: In re Appeal of L.L.*

Date: Dec 27, 2024
Establishing Guardians' Duty to Implement Care Programs: In re Appeal of L.L.* Introduction The case of In re Appeal of L.L.* before the Supreme Court of Vermont delves into the responsibilities and...
Supreme Court of Vermont Affirms Strict Standards for Termination of Parental Rights in Juvenile Cases

Supreme Court of Vermont Affirms Strict Standards for Termination of Parental Rights in Juvenile Cases

Date: Dec 27, 2024
Supreme Court of Vermont Affirms Strict Standards for Termination of Parental Rights in Juvenile Cases Introduction The case In re K.M., Juvenile (B.M., Father* & I.K., Mother*) adjudicated by the...
Supreme Court of Vermont Affirms Unconditional Custody to Mother and Supervised Parent-Child Contact in CHINS Proceedings

Supreme Court of Vermont Affirms Unconditional Custody to Mother and Supervised Parent-Child Contact in CHINS Proceedings

Date: Dec 27, 2024
Supreme Court of Vermont Affirms Unconditional Custody to Mother and Supervised Parent-Child Contact in CHINS Proceedings Introduction The case In re A.G., T.A., J.A., B.A., Juveniles (J.A., Father*)...
Establishing Standards for Relief-from-Abuse Orders: Insights from Arthur VanBuren v. Alex Hilliard

Establishing Standards for Relief-from-Abuse Orders: Insights from Arthur VanBuren v. Alex Hilliard

Date: Dec 27, 2024
Establishing Standards for Relief-from-Abuse Orders: Insights from Arthur VanBuren v. Alex Hilliard Introduction Arthur VanBuren v. Alex Hilliard is a landmark case adjudicated by the Supreme Court...
Enforcing Procedural Compliance in Summary Judgment: Insights from Ivo Skoric v. City of Rutland

Enforcing Procedural Compliance in Summary Judgment: Insights from Ivo Skoric v. City of Rutland

Date: Dec 27, 2024
Enforcing Procedural Compliance in Summary Judgment: Insights from Ivo Skoric v. City of Rutland Introduction The Supreme Court of Vermont's decision in Ivo Skoric v. City of Rutland (2024) serves as...
Affirmation of Strict RPAPL 1304 Compliance in Foreclosure Proceedings: Bank of New York Mellon v. Dilavore

Affirmation of Strict RPAPL 1304 Compliance in Foreclosure Proceedings: Bank of New York Mellon v. Dilavore

Date: Dec 27, 2024
Affirmation of Strict RPAPL 1304 Compliance in Foreclosure Proceedings: Bank of New York Mellon v. Dilavore Introduction The case of Bank of New York Mellon, etc., v. John A. Dilavore, etc. (2024...
Reversal of Summary Judgment in Valdez v. Classic Hauling Establishes Rigorous Standards for Serious Injury under Insurance Law § 5102(d)

Reversal of Summary Judgment in Valdez v. Classic Hauling Establishes Rigorous Standards for Serious Injury under Insurance Law § 5102(d)

Date: Dec 27, 2024
Reversal of Summary Judgment in Valdez v. Classic Hauling Establishes Rigorous Standards for Serious Injury under Insurance Law § 5102(d) Introduction In the landmark case of Priscilla Valdez, et...
Foreclosure Abuse Prevention Act (FAPA): Retroactive Application Limits Mortgage Foreclosures

Foreclosure Abuse Prevention Act (FAPA): Retroactive Application Limits Mortgage Foreclosures

Date: Dec 27, 2024
Foreclosure Abuse Prevention Act (FAPA): Retroactive Application Limits Mortgage Foreclosures Introduction In the landmark case of 97 Lyman Avenue, LLC v. MTGLQ Investors, L.P., adjudicated by the...
Affirmation of Default Judgment Standards: Strict Compliance with CPLR Service Requirements

Affirmation of Default Judgment Standards: Strict Compliance with CPLR Service Requirements

Date: Dec 27, 2024
Affirmation of Default Judgment Standards: Strict Compliance with CPLR Service Requirements Introduction In the case of Michelle Gilhuys v. Angela Trovato (2024 N.Y. Slip Op. 6580), the Supreme Court...
Establishing Rigorous Standards for Modifying Custody and Parental Access Orders: Insights from Morales v. Diaz

Establishing Rigorous Standards for Modifying Custody and Parental Access Orders: Insights from Morales v. Diaz

Date: Dec 27, 2024
Establishing Rigorous Standards for Modifying Custody and Parental Access Orders: Insights from Morales v. Diaz Introduction The case of Chana Morales v. Franklin Diaz (2024 N.Y. Slip Op. 6610)...
Establishing the Nullity of Dismissals Post-Party Death Without Substitution in Legal Malpractice Claims

Establishing the Nullity of Dismissals Post-Party Death Without Substitution in Legal Malpractice Claims

Date: Dec 27, 2024
Establishing the Nullity of Dismissals Post-Party Death Without Substitution in Legal Malpractice Claims Introduction In the landmark case of Cheryl Lee, et al., v. Leeds, Morelli & Brown, P.C., et...
Enhanced Employer Liability in Student Abuse: Megan Stanton v. Longwood Central School District

Enhanced Employer Liability in Student Abuse: Megan Stanton v. Longwood Central School District

Date: Dec 27, 2024
Enhanced Employer Liability in Student Abuse: Megan Stanton v. Longwood Central School District Introduction The case of Megan Stanton v. Longwood Central School District (2024 N.Y. Slip Op. 6600)...
Pressley v. City of New York: Advancing Standards for 42 USC §1983 Claims Against Police Officers

Pressley v. City of New York: Advancing Standards for 42 USC §1983 Claims Against Police Officers

Date: Dec 27, 2024
Pressley v. City of New York: Advancing Standards for 42 USC §1983 Claims Against Police Officers Introduction The case of Leroy Pressley, appellant, v. City of New York, et al. (2024 N.Y. Slip Op....
Retroactive Application of the Foreclosure Abuse Prevention Act Upholds Statute of Limitations in Mortgage Foreclosure Actions

Retroactive Application of the Foreclosure Abuse Prevention Act Upholds Statute of Limitations in Mortgage Foreclosure Actions

Date: Dec 27, 2024
Retroactive Application of the Foreclosure Abuse Prevention Act Upholds Statute of Limitations in Mortgage Foreclosure Actions Introduction In the landmark case of Deutsche Bank National Trust...
Vitiation of Probable Cause During Search Warrant Execution: Maria Valdez v. City of New York

Vitiation of Probable Cause During Search Warrant Execution: Maria Valdez v. City of New York

Date: Dec 27, 2024
Vitiation of Probable Cause During Search Warrant Execution: Maria Valdez v. City of New York Introduction In Maria Valdez, etc., appellant, v. City of New York, et al., respondents, et al., the...
Summary Judgment Standards in Medical Malpractice Cases: Insights from Donohue v. Grossman et al.

Summary Judgment Standards in Medical Malpractice Cases: Insights from Donohue v. Grossman et al.

Date: Dec 27, 2024
Summary Judgment Standards in Medical Malpractice Cases: Insights from Donohue v. Grossman et al. Introduction The case of Robert Donohue, et al., appellants, v. Seth A. Grossman, etc., et al.,...
Reaffirming the Six-Year Statute of Limitations in Mortgage Foreclosure: HSBC Bank USA v. Nussarat Mohammed

Reaffirming the Six-Year Statute of Limitations in Mortgage Foreclosure: HSBC Bank USA v. Nussarat Mohammed

Date: Dec 27, 2024
Reaffirming the Six-Year Statute of Limitations in Mortgage Foreclosure: HSBC Bank USA v. Nussarat Mohammed Introduction The case HSBC Bank USA, National Association, etc., v. Nussarat Mohammed, et...
Strict Application of CPLR 3215(c) in Foreclosure Proceedings: Ocwen Loan Servicing, LLC v. Vincent Buonauro

Strict Application of CPLR 3215(c) in Foreclosure Proceedings: Ocwen Loan Servicing, LLC v. Vincent Buonauro

Date: Dec 27, 2024
Strict Application of CPLR 3215(c) in Foreclosure Proceedings: Ocwen Loan Servicing, LLC v. Vincent Buonauro Introduction In the landmark case of Ocwen Loan Servicing, LLC v. Vincent Buonauro et al....
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