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  • Commentaries
  • Judgments

state Case Commentaries

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,...
Post‑Crash Equipment Evidence Can Defeat Summary Disposition; Spoliation Sanctions Require Explicit Findings on Materiality and Pre‑Suit Preservation Duty

Post‑Crash Equipment Evidence Can Defeat Summary Disposition; Spoliation Sanctions Require Explicit Findings on Materiality and Pre‑Suit Preservation Duty

Date: Jun 12, 2025
Post‑Crash Equipment Evidence Can Defeat Summary Disposition; Spoliation Sanctions Require Explicit Findings on Materiality and Pre‑Suit Preservation Duty Introduction This commentary examines the...
Embedded Objects as “Defects in the Sidewalk”: Michigan Supreme Court Clarifies MCL 691.1402a in Mann v. City of Detroit

Embedded Objects as “Defects in the Sidewalk”: Michigan Supreme Court Clarifies MCL 691.1402a in Mann v. City of Detroit

Date: Jun 12, 2025
Embedded Objects as “Defects in the Sidewalk”: Michigan Supreme Court Clarifies MCL 691.1402a in Mann v. City of Detroit Case: Kenneth Mann v. City of Detroit Court: Michigan Supreme Court Date: June...
State v. Parris: South Dakota Authorizes Opening of Closed Containers During Mental Health Protective Custody as a Noninvestigatory Administrative Search, and Clarifies Probable Cause for Emergency Detentions

State v. Parris: South Dakota Authorizes Opening of Closed Containers During Mental Health Protective Custody as a Noninvestigatory Administrative Search, and Clarifies Probable Cause for Emergency Detentions

Date: Jun 12, 2025
State v. Parris: South Dakota Authorizes Opening of Closed Containers During Mental Health Protective Custody as a Noninvestigatory Administrative Search, and Clarifies Probable Cause for Emergency...
“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)...
State v. Shepley: South Dakota Endorses Tovar’s Plea-Stage Waiver Standard and Reaffirms Court’s Nondelegable Duty to Warn

State v. Shepley: South Dakota Endorses Tovar’s Plea-Stage Waiver Standard and Reaffirms Court’s Nondelegable Duty to Warn

Date: Jun 12, 2025
State v. Shepley: South Dakota Endorses Tovar’s Plea-Stage Waiver Standard and Reaffirms Court’s Nondelegable Duty to Warn Introduction In State v. Shepley, 2025 S.D. 28, the Supreme Court of South...
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...
SDCL 44-9-42 Authorizes Attorney Fees for Defending Intertwined Counterclaims in Mechanic’s Lien Actions; Law-of-the-Case Controls Fee Decisions on Remand

SDCL 44-9-42 Authorizes Attorney Fees for Defending Intertwined Counterclaims in Mechanic’s Lien Actions; Law-of-the-Case Controls Fee Decisions on Remand

Date: Jun 12, 2025
SDCL 44-9-42 Authorizes Attorney Fees for Defending Intertwined Counterclaims in Mechanic’s Lien Actions; Law-of-the-Case Controls Fee Decisions on Remand Introduction In Smith Masonry v. WIPI Group...
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...
“Clear and Convincing”: The New Evidentiary Standard for Reinstatement of Disbarred Attorneys in West Virginia

“Clear and Convincing”: The New Evidentiary Standard for Reinstatement of Disbarred Attorneys in West Virginia

Date: Jun 11, 2025
“Clear and Convincing”: The New Evidentiary Standard for Reinstatement of Disbarred Attorneys in West Virginia Introduction In In re Petition for Reinstatement of Edward Raymond Kohout, the Supreme...
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