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state Case Commentaries


        The “Totality-of-Circumstances Reasonableness Test” for Pedalcyclists:
        A Commentary on Commonwealth v. Linton (Pa. 2025)

The “Totality-of-Circumstances Reasonableness Test” for Pedalcyclists: A Commentary on Commonwealth v. Linton (Pa. 2025)

Date: Jun 20, 2025
The “Totality-of-Circumstances Reasonableness Test” for Pedalcyclists: Comprehensive Commentary on Commonwealth v. Linton, 11 WAP 2024 (Pa. 2025) 1. Introduction Commonwealth v. Linton marks the...
“Temporal Alignment” under HRS § 657-1.8:  Criminal Statutes in Force at the Time of Abuse Govern Civil Child-Sexual-Abuse Suits

“Temporal Alignment” under HRS § 657-1.8: Criminal Statutes in Force at the Time of Abuse Govern Civil Child-Sexual-Abuse Suits

Date: Jun 20, 2025
“Temporal Alignment” under HRS § 657-1.8: Criminal Statutes in Force at the Time of Abuse Govern Civil Child-Sexual-Abuse Suits Introduction In Foresman v. Foresman, 154 Haw. 46, cert. granted and...
Comity and Identical Sanctions in Reciprocal Attorney Discipline — A Commentary on In Re Daryl Andre Gray (La. 2025)

Comity and Identical Sanctions in Reciprocal Attorney Discipline — A Commentary on In Re Daryl Andre Gray (La. 2025)

Date: Jun 20, 2025
Comity and Identical Sanctions in Reciprocal Attorney Discipline — A Commentary on In Re Daryl Andre Gray (La. 2025) Introduction The Supreme Court of Louisiana’s per curiam decision in In Re Daryl...
Gudinas v. State: Florida Supreme Court Reasserts the Conformity Clause and Reinforces Procedural Bars in Post-Warrant Capital Appeals

Gudinas v. State: Florida Supreme Court Reasserts the Conformity Clause and Reinforces Procedural Bars in Post-Warrant Capital Appeals

Date: Jun 20, 2025
Gudinas v. State: Florida Supreme Court Reasserts the Conformity Clause and Reinforces Procedural Bars in Post-Warrant Capital Appeals Introduction Thomas Lee Gudinas, sentenced to death for a 1994...
Prospective Due-Process Notice for Junior Judgment Lienholders in Hawaiʻi Execution Sales

Prospective Due-Process Notice for Junior Judgment Lienholders in Hawaiʻi Execution Sales

Date: Jun 20, 2025
Prospective Due-Process Notice for Junior Judgment Lienholders in Hawaiʻi Execution Sales 1. Introduction In Winn v. Brady, SCWC-17-0000806 (Haw. June 13 2025), the Hawaiʻi Supreme Court delivered a...
“Substantial Compliance” and “Unified Representation” Confirmed for Election-Commissioner Qualifications: A Commentary on Brown v. Madison County Board of Supervisors (Miss. 2025)

“Substantial Compliance” and “Unified Representation” Confirmed for Election-Commissioner Qualifications: A Commentary on Brown v. Madison County Board of Supervisors (Miss. 2025)

Date: Jun 20, 2025
“Substantial Compliance” and “Unified Representation” Confirmed for Election-Commissioner Qualifications: A Commentary on Brown v. Madison County Board of Supervisors (Miss. 2025) Introduction The...
Clark v. State: Mississippi Supreme Court Abolishes Procedural Waiver for First-Time Atkins Claims

Clark v. State: Mississippi Supreme Court Abolishes Procedural Waiver for First-Time Atkins Claims

Date: Jun 20, 2025
Clark v. State: Mississippi Supreme Court Abolishes Procedural Waiver for First-Time Atkins Claims Introduction In Tony Terrell Clark v. State of Mississippi, decided on 19 June 2025, the Mississippi...
Karpen v. Andrade: Defining When HSTPA’s Personal-Use Limitations Govern Pending Holdover Proceedings

Karpen v. Andrade: Defining When HSTPA’s Personal-Use Limitations Govern Pending Holdover Proceedings

Date: Jun 19, 2025
Karpen v. Andrade: Defining When HSTPA’s Personal-Use Limitations Govern Pending Holdover Proceedings Introduction The Appellate Division, Second Department, in Matter of Karpen v. Andrade, 2025 NY...
“The Three-Step Lens” – PF Dev. Group, LLC v. Town of Brunswick and the Refined Test for CPLR 3211(a)(7) Motions in Declaratory-Judgment Zoning Challenges

“The Three-Step Lens” – PF Dev. Group, LLC v. Town of Brunswick and the Refined Test for CPLR 3211(a)(7) Motions in Declaratory-Judgment Zoning Challenges

Date: Jun 19, 2025
“The Three-Step Lens” – PF Dev. Group, LLC v. Town of Brunswick and the Refined Test for CPLR 3211(a)(7) Motions in Declaratory-Judgment Zoning Challenges 1. Introduction PF Development Group, LLC v....
Common Carrier Duty Now Embraces “Reasonably Accessible Crosswalks” – A Commentary on Lans v. Farnam (2025)

Common Carrier Duty Now Embraces “Reasonably Accessible Crosswalks” – A Commentary on Lans v. Farnam (2025)

Date: Jun 19, 2025
Common Carrier Duty Now Embraces “Reasonably Accessible Crosswalks” – A Commentary on Lans v. Farnam (2025) 1. Introduction In Lans v. Farnam, the Appellate Division, Third Department, confronted a...
“The Tittle Range” – A New Benchmark for Escrow-Related Attorney Discipline in New York

“The Tittle Range” – A New Benchmark for Escrow-Related Attorney Discipline in New York

Date: Jun 19, 2025
“The Tittle Range” – A New Benchmark for Escrow-Related Attorney Discipline in New York Introduction Matter of Tittle (2025 NY Slip Op 03729) is an Appellate Division, Second Department decision that...
Retroactive Reach of New York’s FAPA: When Abandonment Cuts Off the CPLR 205-a “Second-Chance” in Mortgage Foreclosures

Retroactive Reach of New York’s FAPA: When Abandonment Cuts Off the CPLR 205-a “Second-Chance” in Mortgage Foreclosures

Date: Jun 19, 2025
Retroactive Reach of New York’s Foreclosure Abuse Prevention Act (FAPA): When Abandonment Cuts Off the CPLR 205-a “Second-Chance” in Mortgage Foreclosures 1. Introduction Case: Deutsche Bank National...
“The Harrigan Safeguard” – Mandatory Opportunity to Withdraw a Plea When the Promised Sentence Proves Illegal

“The Harrigan Safeguard” – Mandatory Opportunity to Withdraw a Plea When the Promised Sentence Proves Illegal

Date: Jun 19, 2025
“The Harrigan Safeguard” – Mandatory Opportunity to Withdraw a Plea When the Promised Sentence Proves Illegal Introduction Citation: People v. Harrigan, 2025 NY Slip Op 03669 (App. Div., 3d Dep’t,...
The “Bacon Preservation Rule” — Clarifying How and When a Confrontation-Clause Objection Must Be Raised in New York

The “Bacon Preservation Rule” — Clarifying How and When a Confrontation-Clause Objection Must Be Raised in New York

Date: Jun 19, 2025
The “Bacon Preservation Rule” — Clarifying How and When a Confrontation-Clause Objection Must Be Raised in New York Introduction People v. Bacon (2025 NY Slip Op 03692) presented the New York Court...
Bentkowski v. City of New York (2025): Raising the Bar for “Clear and Unambiguous” Promises in Public-Sector Promissory Estoppel Claims

Bentkowski v. City of New York (2025): Raising the Bar for “Clear and Unambiguous” Promises in Public-Sector Promissory Estoppel Claims

Date: Jun 19, 2025
Bentkowski v. City of New York (2025): Raising the Bar for “Clear and Unambiguous” Promises in Public-Sector Promissory Estoppel Claims Introduction For more than half a century New York City...
“The Actual-Mailing Rule” & Pre-Mailing RPAPL 1306 Filings: A Commentary on Tri-State III, LLC v. Litkowski (2025)

“The Actual-Mailing Rule” & Pre-Mailing RPAPL 1306 Filings: A Commentary on Tri-State III, LLC v. Litkowski (2025)

Date: Jun 19, 2025
“The Actual-Mailing Rule” & Validity of Pre-Mailing RPAPL 1306 Filings: An In-Depth Commentary on Tri-State III, LLC v. Litkowski (2025) Introduction Tri-State III, LLC v. Litkowski, 2025 NY Slip Op...
Matter of Martinez v. Toole: Isolated Incidents Insufficient for Harassment Findings & Refined Standards for Relocation-Based Custody Modifications

Matter of Martinez v. Toole: Isolated Incidents Insufficient for Harassment Findings & Refined Standards for Relocation-Based Custody Modifications

Date: Jun 19, 2025
Matter of Martinez v. Toole: Isolated Incidents Insufficient for Harassment Findings & Refined Standards for Relocation-Based Custody Modifications 1. Introduction Matter of Martinez v. Toole (2025...
Misperceived Criminal Records and Employer Liability: Commentary on Matter of Janitronics, Inc. v. NYS Division of Human Rights

Misperceived Criminal Records and Employer Liability: Commentary on Matter of Janitronics, Inc. v. NYS Division of Human Rights

Date: Jun 19, 2025
Misperceived Criminal Records and Employer Liability: A Detailed Commentary on Matter of Janitronics, Inc. v. New York State Division of Human Rights (2025) 1. Introduction Matter of Janitronics,...
The “Reasonably Reliable and Relevant” Standard for Vacancy Surveys & Expanded Rent-Reduction Powers under the ETPA

The “Reasonably Reliable and Relevant” Standard for Vacancy Surveys & Expanded Rent-Reduction Powers under the ETPA

Date: Jun 19, 2025
The “Reasonably Reliable and Relevant” Standard for Vacancy Surveys & Expanded Rent-Reduction Powers under the ETPA Introduction Matter of Hudson Valley Property Owners Association Inc. v. City of...

Commentary on US Bank N.A. v. 927 E. 86th Residence Corp. (2025): 
Re-affirming the Six-Year Statute of Limitations on Mortgage Installments 
and the Court’s Discretion to Cure Procedural Irregularities

Commentary on US Bank N.A. v. 927 E. 86th Residence Corp. (2025): Re-affirming the Six-Year Statute of Limitations on Mortgage Installments and the Court’s Discretion to Cure Procedural Irregularities

Date: Jun 19, 2025
US Bank N.A. v. 927 E. 86th Residence Corp. (2025) – The Appellate Division Clarifies the Temporal Scope of Recoverable Mortgage Installments and Endorses Judicial Flexibility under CPLR 2001 1....
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