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  • Commentaries
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state Case Commentaries

“Every Civil Claim” Means Every: Second Department Holds CPLR 214‑j (Adult Survivors Act) Revives Claims Despite Prior Dismissal for Lack of Personal Jurisdiction

“Every Civil Claim” Means Every: Second Department Holds CPLR 214‑j (Adult Survivors Act) Revives Claims Despite Prior Dismissal for Lack of Personal Jurisdiction

Date: Jul 24, 2025
“Every Civil Claim” Means Every: Second Department Holds CPLR 214‑j (Adult Survivors Act) Revives Claims Despite Prior Dismissal for Lack of Personal Jurisdiction Introduction Esposito v. Isaac (2025...
Neutral-Principles Discovery of Clergy Files in Child Victims Act Litigation: Limits of Religious and Counseling Privileges and Preservation of Attorney-Client/Work-Product Protections — Commentary on S.E. v. Diocese of Brooklyn (2025 NY Slip Op 04228)

Neutral-Principles Discovery of Clergy Files in Child Victims Act Litigation: Limits of Religious and Counseling Privileges and Preservation of Attorney-Client/Work-Product Protections — Commentary on S.E. v. Diocese of Brooklyn (2025 NY Slip Op 04228)

Date: Jul 24, 2025
Neutral-Principles Discovery of Clergy Files in Child Victims Act Litigation: Limits of Religious and Counseling Privileges and Preservation of Attorney-Client/Work-Product Protections Introduction...
No-Proof Delay Damages in Arbitration Vacated as Irrational: Second Department narrows damages without evidentiary basis and construes CPLR 7511(c) “miscalculation” narrowly

No-Proof Delay Damages in Arbitration Vacated as Irrational: Second Department narrows damages without evidentiary basis and construes CPLR 7511(c) “miscalculation” narrowly

Date: Jul 24, 2025
No-Proof Delay Damages in Arbitration Vacated as Irrational: Second Department narrows damages without evidentiary basis and construes CPLR 7511(c) “miscalculation” narrowly Introduction In Matter of...
Late-Stage Discovery Cannot Expand Theories; No Labor Law Liability Without Supervisory Control — Commentary on Novegil-Peralta v. Rettig (2025 NY Slip Op 04255)

Late-Stage Discovery Cannot Expand Theories; No Labor Law Liability Without Supervisory Control — Commentary on Novegil-Peralta v. Rettig (2025 NY Slip Op 04255)

Date: Jul 24, 2025
Late-Stage Discovery Cannot Expand Theories; No Labor Law Liability Without Supervisory Control — Novegil-Peralta v. Rettig (2025 NY Slip Op 04255) Court: Appellate Division of the Supreme Court,...
No Commission Without Procuring Cause Absent Unequivocal “Exclusive Right” Language in Financing Brokerage Agreements: Commentary on Angelic Real Estate, LLC v. Aurora Properties, LLC (2025 NY Slip Op 04223)

No Commission Without Procuring Cause Absent Unequivocal “Exclusive Right” Language in Financing Brokerage Agreements: Commentary on Angelic Real Estate, LLC v. Aurora Properties, LLC (2025 NY Slip Op 04223)

Date: Jul 24, 2025
No Commission Without Procuring Cause Absent Unequivocal “Exclusive Right” Language in Financing Brokerage Agreements Commentary on Angelic Real Estate, LLC v. Aurora Properties, LLC (2025 NY Slip Op...
Origis USA v. Great American Insurance: Reconciling “No-Action” Clauses with Advancement Duties in Indemnity-Only D&O Policies

Origis USA v. Great American Insurance: Reconciling “No-Action” Clauses with Advancement Duties in Indemnity-Only D&O Policies

Date: Jul 24, 2025
Origis USA v. Great American Insurance: Reconciling “No-Action” Clauses with Advancement Duties in Indemnity-Only D&O Policies 1. Introduction In Origis USA LLC v. Great American Insurance Co., No....
CPLR 205(a) Strictly Applied: Default Dismissals Terminate Immediately; Refiling by Unappointed Estate Representative and Late Service Cannot Invoke the Savings Statute

CPLR 205(a) Strictly Applied: Default Dismissals Terminate Immediately; Refiling by Unappointed Estate Representative and Late Service Cannot Invoke the Savings Statute

Date: Jul 24, 2025
CPLR 205(a) Strictly Applied: Default Dismissals Terminate Immediately; Refiling by Unappointed Estate Representative and Late Service Cannot Invoke the Savings Statute Introduction In Ellis v....
Interlocutory Foreclosure Orders and Lis Pendens Cancellations Are Not “Final Judgments” for Res Judicata: Commentary on Nationstar Mortgage, LLC v. Davis (2025 NY Slip Op 04253)

Interlocutory Foreclosure Orders and Lis Pendens Cancellations Are Not “Final Judgments” for Res Judicata: Commentary on Nationstar Mortgage, LLC v. Davis (2025 NY Slip Op 04253)

Date: Jul 24, 2025
Interlocutory Foreclosure Orders and Lis Pendens Cancellations Are Not “Final Judgments” for Res Judicata: Commentary on Nationstar Mortgage, LLC v. Davis (2025 NY Slip Op 04253) Introduction This...
Under FAPA, a foreclosure judgment is not “enforced” until the auction concludes: Second Department applies retroactivity and time-bars suit despite judgment of foreclosure and sale

Under FAPA, a foreclosure judgment is not “enforced” until the auction concludes: Second Department applies retroactivity and time-bars suit despite judgment of foreclosure and sale

Date: Jul 24, 2025
Under FAPA, a foreclosure judgment is not “enforced” until the auction concludes: Second Department applies retroactivity and time-bars suit despite judgment of foreclosure and sale Introduction...
Refining the Boundaries of Prosecutorial Misconduct: The “Reasonable-Inference” Rule & Contextual Review after State v. Willis (2025)

Refining the Boundaries of Prosecutorial Misconduct: The “Reasonable-Inference” Rule & Contextual Review after State v. Willis (2025)

Date: Jul 23, 2025
Refining the Boundaries of Prosecutorial Misconduct: The “Reasonable-Inference” Rule & Contextual Review after State v. Willis (Haw. 2025) 1. Introduction Case: State of Hawaiʻi v. Erik Willis,...
Distinguishing Weapons Offenses from “Marijuana Offenses” Under Missouri Amendment 3 – A Commentary on C.S. v. Missouri State Highway Patrol CJIS (Mo. banc 2025)

Distinguishing Weapons Offenses from “Marijuana Offenses” Under Missouri Amendment 3 – A Commentary on C.S. v. Missouri State Highway Patrol CJIS (Mo. banc 2025)

Date: Jul 23, 2025
Distinguishing Weapons Offenses from “Marijuana Offenses” Under Missouri Amendment 3 A Comprehensive Commentary on C.S. v. Missouri State Highway Patrol Criminal Justice Information Service, 645...
Mack v. Missouri – Curtailing the Abandonment Doctrine and Foreclosing Re-litigation of Direct-Appeal Issues in Rule 29.15 Proceedings

Mack v. Missouri – Curtailing the Abandonment Doctrine and Foreclosing Re-litigation of Direct-Appeal Issues in Rule 29.15 Proceedings

Date: Jul 23, 2025
Mack v. Missouri – Curtailing the Abandonment Doctrine and Foreclosing Re-litigation of Direct-Appeal Issues in Rule 29.15 Proceedings 1. Introduction In Cedric Dewayne Mack v. State of Missouri, the...
“The Sentencing-Date Rule” & the Limits of the Abandonment Doctrine: Commentary on Christopher A. Scott v. State of Missouri (Mo. banc 2025)

“The Sentencing-Date Rule” & the Limits of the Abandonment Doctrine: Commentary on Christopher A. Scott v. State of Missouri (Mo. banc 2025)

Date: Jul 23, 2025
“The Sentencing-Date Rule” & the Limits of the Abandonment Doctrine Commentary on Christopher A. Scott v. State of Missouri Supreme Court of Missouri, en banc, July 22, 2025 1. Introduction In...
McCarty v. OCDC: Whistle-Blowing Does Not Trump Attorney-Client Confidentiality for Former Government Lawyers

McCarty v. OCDC: Whistle-Blowing Does Not Trump Attorney-Client Confidentiality for Former Government Lawyers

Date: Jul 23, 2025
McCarty v. OCDC: Whistle-Blowing Does Not Trump Attorney-Client Confidentiality for Former Government Lawyers 1. Introduction In In re: Ryan Christopher McCarty, the Supreme Court of Missouri,...
“Record-Based Abandonment”:  The Missouri Supreme Court Dispenses with Remand when Counsel’s Untimeliness is Apparent on the Face of the Record

“Record-Based Abandonment”: The Missouri Supreme Court Dispenses with Remand when Counsel’s Untimeliness is Apparent on the Face of the Record

Date: Jul 23, 2025
“Record-Based Abandonment”: The Missouri Supreme Court Dispenses with Remand when Counsel’s Untimeliness is Apparent on the Face of the Record Introduction Nelson v. State of Missouri and Woods v....
“One-Tax, One-Jurisdiction”: The Missouri Supreme Court Limits Counties’ Marijuana Sales-Tax Authority to Unincorporated Areas

“One-Tax, One-Jurisdiction”: The Missouri Supreme Court Limits Counties’ Marijuana Sales-Tax Authority to Unincorporated Areas

Date: Jul 23, 2025
“One-Tax, One-Jurisdiction”: The Missouri Supreme Court Limits Counties’ Marijuana Sales-Tax Authority to Unincorporated Areas 1. Introduction In Robust Missouri Dispensary 3, LLC v. St. Louis...
From Pre-emption to Abrogation: Michigan Supreme Court Clarifies Statutory Impact on Common-Law Claims in Online-Gambling Disputes

From Pre-emption to Abrogation: Michigan Supreme Court Clarifies Statutory Impact on Common-Law Claims in Online-Gambling Disputes

Date: Jul 23, 2025
From Pre-emption to Abrogation: Michigan Supreme Court Clarifies Statutory Impact on Common-Law Claims in Online-Gambling Disputes Introduction In Jacqueline Davis v. BetMGM LLC, the Michigan Supreme...
Zakrzewski v. State – Fortifying Timeliness and Procedural-Bar Limits in Florida Capital Post-Conviction Practice

Zakrzewski v. State – Fortifying Timeliness and Procedural-Bar Limits in Florida Capital Post-Conviction Practice

Date: Jul 23, 2025
Zakrzewski v. State – Fortifying Timeliness and Procedural-Bar Limits in Florida Capital Post-Conviction Practice Introduction The Florida Supreme Court’s 2025 decision in Edward J. Zakrzewski, II v....
“A Six-Month Benchmark for Accounting Violations & Fitness-to-Practice Condition” – Commentary on In the Matter of Charles M. Dalziel, Jr.

“A Six-Month Benchmark for Accounting Violations & Fitness-to-Practice Condition” – Commentary on In the Matter of Charles M. Dalziel, Jr.

Date: Jul 23, 2025
“A Six-Month Benchmark for Accounting Violations & Fitness-to-Practice Condition” Commentary on In the Matter of Charles M. Dalziel, Jr. 1. Introduction In In the Matter of Charles M. Dalziel, Jr....
In re Chin: Georgia Supreme Court Re-Aligns Disciplinary Sanctions for Knowing Misappropriation and Client-Injury

In re Chin: Georgia Supreme Court Re-Aligns Disciplinary Sanctions for Knowing Misappropriation and Client-Injury

Date: Jul 23, 2025
In re Chin: Georgia Supreme Court Re-Aligns Disciplinary Sanctions for Knowing Misappropriation and Client-Injury Introduction In In the Matter of Justin Allen Chin (S25Y0879, decided 22 July 2025)...
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