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  • Commentaries
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state Case Commentaries

Extending DPPA Coverage to Non-DMV State Actors: A Commentary on LMG Rhode Island Holdings, Inc. v. Office of Governor Daniel J. McKee

Extending DPPA Coverage to Non-DMV State Actors: A Commentary on LMG Rhode Island Holdings, Inc. v. Office of Governor Daniel J. McKee

Date: Jun 7, 2025
Extending DPPA Coverage to Non-DMV State Actors Commentary on LMG Rhode Island Holdings, Inc. v. Office of Governor Daniel J. McKee Introduction On 6 June 2025 the Rhode Island Supreme Court issued...
Biological Parenthood as Automatic “Legally Responsible” Status: A Commentary on Matter of Ja'Moure D.S. (2025 NY Slip Op 03485)

Biological Parenthood as Automatic “Legally Responsible” Status: A Commentary on Matter of Ja'Moure D.S. (2025 NY Slip Op 03485)

Date: Jun 7, 2025
Biological Parenthood as Automatic “Legally Responsible” Status: Commentary on Matter of Ja'Moure D.S. (Jasmine M.), 2025 NY Slip Op 03485 1. Introduction The Appellate Division, Fourth Department,...
Wright v. Stephens: Post-Death Appeal Jurisdiction and the “Loss-of-Chance” Standard Re-Aligned

Wright v. Stephens: Post-Death Appeal Jurisdiction and the “Loss-of-Chance” Standard Re-Aligned

Date: Jun 7, 2025
Wright v. Stephens: Post-Death Appeal Jurisdiction and the “Loss-of-Chance” Standard Re-Aligned Introduction On 6 June 2025 the Appellate Division, Fourth Department, issued its decision in Wright v....
“No Fixed-Route” Natural Drainage Easements: Robinson v. Central Iowa Power Cooperative (Iowa 2025)

“No Fixed-Route” Natural Drainage Easements: Robinson v. Central Iowa Power Cooperative (Iowa 2025)

Date: Jun 7, 2025
“No Fixed-Route” Natural Drainage Easements: Robinson v. Central Iowa Power Cooperative (Iowa 2025) Introduction In Robinson v. Central Iowa Power Cooperative, the Iowa Supreme Court squarely...
“As-Is” Means “As-Is”: Manlius Center Road Associates, LLC v. Singh and the Reinforced Enforceability of Commercial Lease Disclaimer Clauses Absent True Latent Defect

“As-Is” Means “As-Is”: Manlius Center Road Associates, LLC v. Singh and the Reinforced Enforceability of Commercial Lease Disclaimer Clauses Absent True Latent Defect

Date: Jun 7, 2025
“As-Is” Means “As-Is”: Manlius Center Road Associates, LLC v. Singh and the Reinforced Enforceability of Commercial Lease Disclaimer Clauses Absent True Latent Defect 1. Introduction Manlius Center...
Hernandez Technology v. Rivera: Fourth Department Holds the “No Wage Theft Loophole Act” Retroactive and Clarifies Commission-Based Wage Deductions

Hernandez Technology v. Rivera: Fourth Department Holds the “No Wage Theft Loophole Act” Retroactive and Clarifies Commission-Based Wage Deductions

Date: Jun 7, 2025
Hernandez Technology v. Rivera: Fourth Department Holds the “No Wage Theft Loophole Act” Retroactive and Clarifies Commission-Based Wage Deductions 1. Introduction Hernandez Technology, Inc. (d/b/a...
People v. Ross (2025): Clarifying Standing and Privacy Expectations in Third-Party Mailboxes & Limits on the Right to Self-Representation

People v. Ross (2025): Clarifying Standing and Privacy Expectations in Third-Party Mailboxes & Limits on the Right to Self-Representation

Date: Jun 7, 2025
People v. Ross (2025): Clarifying Standing and Privacy Expectations in Third-Party Mailboxes & Limits on the Right to Self-Representation 1. Introduction In People v. Ross (2025 NY Slip Op 03432) the...
Mississippi Reinforces the Invited-Error Bar: When a Defendant Crafts the Faulty Elements Instruction, the State Need Not Save Him

Mississippi Reinforces the Invited-Error Bar: When a Defendant Crafts the Faulty Elements Instruction, the State Need Not Save Him

Date: Jun 6, 2025
Mississippi Reinforces the Invited-Error Bar: Jimmy Allen v. State of Mississippi and the Re-allocation of Jury-Instruction Duties 1. Introduction On 5 June 2025 the Supreme Court of Mississippi...
Stability over Fluidity: The May 15 Snapshot Rule for Charter-School Tuition Calculations

Stability over Fluidity: The May 15 Snapshot Rule for Charter-School Tuition Calculations

Date: Jun 6, 2025
Stability over Fluidity: The May 15 Snapshot Rule for Charter-School Tuition Calculations Introduction In Matter of Coney Island Preparatory Public Charter School v. New York State Education...
Beyond Caretaking Duties: First Department Broadens the Definition of “Person Legally Responsible” – Commentary on Matter of B.F. v. Administration for Children’s Services (2025)

Beyond Caretaking Duties: First Department Broadens the Definition of “Person Legally Responsible” – Commentary on Matter of B.F. v. Administration for Children’s Services (2025)

Date: Jun 6, 2025
Beyond Caretaking Duties: First Department Broadens the Definition of “Person Legally Responsible” Commentary on Matter of B.F. v. Administration for Children’s Services, 2025 NY Slip Op 03393 1....
“From Forms to Flexibility” – The Mississippi Supreme Court’s 2025 Order Streamlining the Mississippi Rules of Civil Procedure

“From Forms to Flexibility” – The Mississippi Supreme Court’s 2025 Order Streamlining the Mississippi Rules of Civil Procedure

Date: Jun 6, 2025
“From Forms to Flexibility” – The Mississippi Supreme Court’s 2025 Order Streamlining the Mississippi Rules of Civil Procedure Introduction On 20 May 2025, the Supreme Court of Mississippi, sitting...
People v. Ruple: Post-Sentencing Written Appeal Waivers Cannot Cure a Defective Oral Colloquy

People v. Ruple: Post-Sentencing Written Appeal Waivers Cannot Cure a Defective Oral Colloquy

Date: Jun 6, 2025
People v. Ruple: Post-Sentencing Written Appeal Waivers Cannot Cure a Defective Oral Colloquy Introduction In People v. Ruple, 2025 NY Slip Op 03361 (App. Div. 3d Dept. June 5 2025), the Third...
“Pursuit, Retreat & the Unavailable Justification: People v. Marin (2025) Re-defines the Boundaries of Self-Defense and Weapon Possession in New York”

“Pursuit, Retreat & the Unavailable Justification: People v. Marin (2025) Re-defines the Boundaries of Self-Defense and Weapon Possession in New York”

Date: Jun 6, 2025
“Pursuit, Retreat & the Unavailable Justification: People v. Marin (2025) Re-defines the Boundaries of Self-Defense and Weapon Possession in New York” 1. Introduction Court & Date: Appellate Division...

“Below-the-Line, Not Above-the-Line” – Matter of Ciardullo v. McDonnell
Affirms New York’s Decoupling from Federal Treatment of Amortized Bond Premiums

“Below-the-Line, Not Above-the-Line” – Matter of Ciardullo v. McDonnell Affirms New York’s Decoupling from Federal Treatment of Amortized Bond Premiums

Date: Jun 6, 2025
“Below-the-Line, Not Above-the-Line” – Matter of Ciardullo v. McDonnell Affirms New York’s Decoupling from Federal Treatment of Amortized Bond Premiums 1. Introduction The Appellate Division, Third...
“Netting” Alimony Arrearages in Probate: The Supreme Court of Mississippi Mandates Credit Off-Set and Confirms Standing of a Deceased Spouse’s Estate ― Commentary on In Re Estate of Edwin Lea Brent (2025)

“Netting” Alimony Arrearages in Probate: The Supreme Court of Mississippi Mandates Credit Off-Set and Confirms Standing of a Deceased Spouse’s Estate ― Commentary on In Re Estate of Edwin Lea Brent (2025)

Date: Jun 6, 2025
“Netting” Alimony Arrearages in Probate: The Supreme Court of Mississippi Mandates Credit Off-Set and Confirms Standing of a Deceased Spouse’s Estate Commentary on In Re The Estate of Edwin Lea...
“Shaw v. Preservation”:  Third Department Abandons Preservation Requirement Where the Trial Court Grossly Overstates Maximum Exposure

“Shaw v. Preservation”: Third Department Abandons Preservation Requirement Where the Trial Court Grossly Overstates Maximum Exposure

Date: Jun 6, 2025
“Shaw v. Preservation”: The Third Department Discards its Prior Rule and Holds that a Grossly Inflated Sentencing Warning Automatically Invalidates a Guilty Plea 1. Introduction People v. Shaw (2025...
People v. Rivera – Clarifying “Minor Deception” in Police Questioning and Harmless-Error Review of Post-Miranda Violations

People v. Rivera – Clarifying “Minor Deception” in Police Questioning and Harmless-Error Review of Post-Miranda Violations

Date: Jun 6, 2025
People v. Rivera – Clarifying “Minor Deception” in Police Questioning and Harmless-Error Review of Post-Miranda Violations Introduction In People v. Rivera (2025 NY Slip Op 03362) the Appellate...
Mentiply II: The Appellate Division Re-Affirms the Breadth of New York’s “Same-Transaction” Test for Res Judicata

Mentiply II: The Appellate Division Re-Affirms the Breadth of New York’s “Same-Transaction” Test for Res Judicata

Date: Jun 6, 2025
Mentiply II: The Appellate Division Re-Affirms the Breadth of New York’s “Same-Transaction” Test for Res Judicata Introduction In Mentiply v. Foster, 2025 NY Slip Op 03370 (“Mentiply II”), the...
Crystal NN. v. Joshua OO.: Reaffirming the Evidentiary Standard for Motions to Dismiss in Parental-Alienation Support Proceedings

Crystal NN. v. Joshua OO.: Reaffirming the Evidentiary Standard for Motions to Dismiss in Parental-Alienation Support Proceedings

Date: Jun 6, 2025
Crystal NN. v. Joshua OO.: Reaffirming the Evidentiary Standard for Motions to Dismiss in Parental-Alienation Support Proceedings Introduction The Appellate Division, Third Department, in Matter of...
Suspended Limitations: Lambos v. Karabinis Clarifies “Open Repudiation” Tolling for Shareholder Fiduciary Claims

Suspended Limitations: Lambos v. Karabinis Clarifies “Open Repudiation” Tolling for Shareholder Fiduciary Claims

Date: Jun 6, 2025
Suspended Limitations: Lambos v. Karabinis Clarifies “Open Repudiation” Tolling for Shareholder Fiduciary Claims 1. Introduction Lambos v. Karabinis (2025 NY Slip Op 03367) is a Third Department...
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