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  • Commentaries
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state Case Commentaries

State v. Armendariz (2025): Reinforcing the Sweat-Thompson Framework for Lay Video-Identification and Clarifying Statements-Against-Interest Analysis in New Mexico

State v. Armendariz (2025): Reinforcing the Sweat-Thompson Framework for Lay Video-Identification and Clarifying Statements-Against-Interest Analysis in New Mexico

Date: Jun 13, 2025
State v. Armendariz (N.M. 2025): Reinforcing the Sweat-Thompson Framework for Lay Video-Identification and Clarifying Statements-Against-Interest Analysis 1. Introduction State v. Armendariz,...
First Appellate Clarification of HALT-Act Limits on Prison Segregated Confinement and the Invalidation of “Recommended” Excessive SHU Penalties

First Appellate Clarification of HALT-Act Limits on Prison Segregated Confinement and the Invalidation of “Recommended” Excessive SHU Penalties

Date: Jun 13, 2025
First Appellate Clarification of HALT-Act Limits on Prison Segregated Confinement and the Invalidation of “Recommended” Excessive SHU Penalties Introduction Matter of Peterkin v. New York State...
“Reapplication as Bar to Impossibility” – The Precedent Set in Ithaca Montessori School v. Pfeffer (2025)

“Reapplication as Bar to Impossibility” – The Precedent Set in Ithaca Montessori School v. Pfeffer (2025)

Date: Jun 13, 2025
“Reapplication as Bar to Impossibility” – A Commentary on Ithaca Montessori School v. Pfeffer, 2025 NY Slip Op 03618 1. Introduction The Appellate Division, Third Department’s decision in Ithaca...
People v. Williams (2025): Clarifying Probable Cause Requirements for De Facto Arrests and Re-affirming the Evidentiary Weight of Circumstantial Proof

People v. Williams (2025): Clarifying Probable Cause Requirements for De Facto Arrests and Re-affirming the Evidentiary Weight of Circumstantial Proof

Date: Jun 13, 2025
People v. Williams (2025): Clarifying Probable Cause Requirements for De Facto Arrests and Re-affirming the Evidentiary Weight of Circumstantial Proof Introduction In People v. Williams, 2025 NY Slip...
Verizon v. PSC (2025): Shielding Environmental-Hazard Infrastructure Data under FOIL’s “Substantial Competitive Injury” Exemption

Verizon v. PSC (2025): Shielding Environmental-Hazard Infrastructure Data under FOIL’s “Substantial Competitive Injury” Exemption

Date: Jun 13, 2025
Verizon v. PSC (2025): Shielding Environmental-Hazard Infrastructure Data under FOIL’s “Substantial Competitive Injury” Exemption 1. Introduction In Matter of Verizon N.Y. Inc. v. New York State...
No Interstate Sovereign Immunity for Sister-State Municipal Corporations:  The Promenade D’Iberville, LLC v. Jacksonville Electric Authority

No Interstate Sovereign Immunity for Sister-State Municipal Corporations: The Promenade D’Iberville, LLC v. Jacksonville Electric Authority

Date: Jun 13, 2025
No Interstate Sovereign Immunity for Sister-State Municipal Corporations in Mississippi The Supreme Court of Mississippi’s decision in The Promenade D’Iberville, LLC v. Jacksonville Electric...
Schott v. Lucatelli: Affirming Statutory Pre-Judgment Interest and Valuation Standards in Quantum Meruit Home-Construction Disputes

Schott v. Lucatelli: Affirming Statutory Pre-Judgment Interest and Valuation Standards in Quantum Meruit Home-Construction Disputes

Date: Jun 13, 2025
Schott v. Lucatelli: Affirming Statutory Pre-Judgment Interest and Valuation Standards in Quantum Meruit Home-Construction Disputes Introduction In Schott v. Lucatelli (2025 NY Slip Op 03616) the...
Rosen v. Price Chopper: Summary-Judgment Dismissal Permitted Where Defamation Pleading Fails CPLR 3016(a) Particularity & No Protected Activity Exists for Retaliation

Rosen v. Price Chopper: Summary-Judgment Dismissal Permitted Where Defamation Pleading Fails CPLR 3016(a) Particularity & No Protected Activity Exists for Retaliation

Date: Jun 13, 2025
Rosen v. Price Chopper: Summary-Judgment Dismissal Permitted Where Defamation Pleading Fails CPLR 3016(a) Particularity & No Protected Activity Exists for Retaliation Introduction In Rosen v. Price...
People v. Reynolds (2025): Refining “Due Diligence” Under CPL Article 245 and the Role of Defense-Caused Delay in CPL 30.30 Speedy-Trial Analyses

People v. Reynolds (2025): Refining “Due Diligence” Under CPL Article 245 and the Role of Defense-Caused Delay in CPL 30.30 Speedy-Trial Analyses

Date: Jun 13, 2025
People v. Reynolds (2025): Refining “Due Diligence” Under CPL Article 245 and the Role of Defense-Caused Delay in CPL 30.30 Speedy-Trial Analyses Introduction People v. Reynolds, 2025 NY Slip Op...
Quoma v. Bob's Discount Furniture: Post-Hoc Paperwork Cannot Defeat the Workers’ Compensation “Safety Valve”

Quoma v. Bob's Discount Furniture: Post-Hoc Paperwork Cannot Defeat the Workers’ Compensation “Safety Valve”

Date: Jun 13, 2025
Quoma v. Bob's Discount Furniture: Post-Hoc Paperwork Cannot Defeat the Workers’ Compensation “Safety Valve” 1. Introduction On 12 June 2025 the Appellate Division, Third Department, delivered an...
Cable-Splicing as “Alteration”: Breslin v. Access Auto’s Clarification of Labor Law §§240(1) & 241(6) Liability on Utility-Pole Work

Cable-Splicing as “Alteration”: Breslin v. Access Auto’s Clarification of Labor Law §§240(1) & 241(6) Liability on Utility-Pole Work

Date: Jun 13, 2025
Cable-Splicing as “Alteration”: Breslin v. Access Auto’s Clarification of Labor Law §§240(1) & 241(6) Liability on Utility-Pole Work Introduction Breslin v. Access Auto Sales & Service, LLC (2025 NY...
Presumptive Regularity and Reconstruction Hearings for Lost Jury-Note Transcripts: A Commentary on People v. Salas (2025)

Presumptive Regularity and Reconstruction Hearings for Lost Jury-Note Transcripts: A Commentary on People v. Salas (2025)

Date: Jun 13, 2025
Presumptive Regularity and Reconstruction Hearings for Lost Jury-Note Transcripts: A Comprehensive Commentary on People v. Salas (2025 NY Slip Op 03603) 1. Introduction People v. Salas is the New...
“Wilful” Means “Knowing” – Mississippi Supreme Court Clarifies Mens Rea for Drug Possession and Re-affirms a Flexible Lindsey Review

“Wilful” Means “Knowing” – Mississippi Supreme Court Clarifies Mens Rea for Drug Possession and Re-affirms a Flexible Lindsey Review

Date: Jun 13, 2025
“Wilful” Means “Knowing” – Mississippi Supreme Court Clarifies Mens Rea for Drug Possession and Re-affirms a Flexible Lindsey Review Introduction The Mississippi Supreme Court’s decision in Mercedes...

    Naftaliyev v. GGP Staten Island Mall, LLC – A New Limit on
    (1) Sua Sponte Vacatur of a Note of Issue and
    (2) Post-Certification Amendments to a Bill of Particulars

Naftaliyev v. GGP Staten Island Mall, LLC – A New Limit on (1) Sua Sponte Vacatur of a Note of Issue and (2) Post-Certification Amendments to a Bill of Particulars

Date: Jun 12, 2025
Naftaliyev v. GGP Staten Island Mall, LLC (2025) – The Appellate Division Constrains Judicial Power to Vacate a Note of Issue and Re-Affirms the “Special & Extraordinary Circumstances” Standard for...
“Wrongful Death Claims Stand Alone”:  Marinos v. Brahaj and the Non-Arbitrability of Distributees’ Wrongful-Death Actions in New York

“Wrongful Death Claims Stand Alone”: Marinos v. Brahaj and the Non-Arbitrability of Distributees’ Wrongful-Death Actions in New York

Date: Jun 12, 2025
“Wrongful Death Claims Stand Alone” Marinos v. Brahaj (2025) and the Non-Arbitrability of Distributees’ Wrongful-Death Actions in New York 1. Introduction Marinos v. Brahaj, 2025 NY Slip Op 03561,...
“Enhanced Evidentiary Scrutiny of Referee Reports in Mortgage Foreclosure Actions” – A Commentary on HSBC Bank USA, N.A. v. Coxall (2025 NY Slip Op 03557)

“Enhanced Evidentiary Scrutiny of Referee Reports in Mortgage Foreclosure Actions” – A Commentary on HSBC Bank USA, N.A. v. Coxall (2025 NY Slip Op 03557)

Date: Jun 12, 2025
Enhanced Evidentiary Scrutiny of Referee Reports in Mortgage Foreclosure Actions Commentary on HSBC Bank USA, N.A. v. Coxall (2025 NY Slip Op 03557, Appellate Division, Second Department)...
Mandatory Jury Inquiry into “Scope of Employment” for Respondeat-Superior Liability:  A Commentary on Eaton v. Fiotos (2025)

Mandatory Jury Inquiry into “Scope of Employment” for Respondeat-Superior Liability: A Commentary on Eaton v. Fiotos (2025)

Date: Jun 12, 2025
Mandatory Jury Inquiry into “Scope of Employment” for Respondeat-Superior Liability: A Comprehensive Commentary on Eaton v. Fiotos (2025 NY Slip Op 03553) Introduction In Eaton v. Fiotos, the New...
Economic-Damages Exception to the West Virginia MPLA: Commentary on Elaine Neidig v. Valley Health System

Economic-Damages Exception to the West Virginia MPLA: Commentary on Elaine Neidig v. Valley Health System

Date: Jun 11, 2025
Economic-Damages Exception to the West Virginia Medical Professional Liability Act (Commentary on Elaine Neidig v. Valley Health System, No. 24-27, 2025) 1. Introduction The Supreme Court of Appeals...
Purely Economic Loss Outside the MPLA: The New Limiting Principle in Neidig v. Valley Health System

Purely Economic Loss Outside the MPLA: The New Limiting Principle in Neidig v. Valley Health System

Date: Jun 11, 2025
Purely Economic Loss Outside the MPLA: The New Limiting Principle in Neidig v. Valley Health System Introduction In Elaine Neidig v. Valley Health System, the Supreme Court of West Virginia...
“One Damage Requirement, Two Causes of Action” – Neidig v. Valley Health System and the Unified Injury Prerequisite under West Virginia’s MPLA

“One Damage Requirement, Two Causes of Action” – Neidig v. Valley Health System and the Unified Injury Prerequisite under West Virginia’s MPLA

Date: Jun 11, 2025
“One Damage Requirement, Two Causes of Action” – Neidig v. Valley Health System and the Unified Injury Prerequisite under West Virginia’s Medical Professional Liability Act Introduction Elaine Neidig...
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