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strict-enforcement-of-probation-conditions:-a-landmark-decision-in-in-re:-michael-thomas-joseph, Case Commentaries

“From Missing Pages to Missing Prejudice” – The Specific-Prejudice Rule for Transcript Omission Claims in State v. Jeffers

“From Missing Pages to Missing Prejudice” – The Specific-Prejudice Rule for Transcript Omission Claims in State v. Jeffers

Date: Jul 3, 2025
“From Missing Pages to Missing Prejudice” – The Specific-Prejudice Rule for Transcript Omission Claims in State of West Virginia v. Edward Jeffers (2025) 1. Introduction The Supreme Court of Appeals...
Election of Remedies Under the 9/11 VCF Bars State-Law Medical Malpractice Suits: Brennan v. MacDonald Establishes Broad Waiver Triggered by Claim Submission

Election of Remedies Under the 9/11 VCF Bars State-Law Medical Malpractice Suits: Brennan v. MacDonald Establishes Broad Waiver Triggered by Claim Submission

Date: Jul 3, 2025
Election of Remedies Under the 9/11 VCF Bars State-Law Medical Malpractice Suits: Brennan v. MacDonald Establishes Broad Waiver Triggered by Claim Submission Introduction In Brennan v. MacDonald...
People v. Patierno: No Per Se Right to COVID-Related Adjournment or Mistrial; Social-Media Prompt Outcry and Doorway Recordings as Adoptive Admissions

People v. Patierno: No Per Se Right to COVID-Related Adjournment or Mistrial; Social-Media Prompt Outcry and Doorway Recordings as Adoptive Admissions

Date: Jul 3, 2025
People v. Patierno: No Per Se Right to COVID-Related Adjournment or Mistrial; Social-Media Prompt Outcry and Doorway Recordings as Adoptive Admissions Introduction People v. Patierno (2025 NY Slip Op...
People v. Wallace: Clarifying Proof for SORA Risk Factor 4 and Confirming Concurrent Convictions as Upward-Departure Aggravators

People v. Wallace: Clarifying Proof for SORA Risk Factor 4 and Confirming Concurrent Convictions as Upward-Departure Aggravators

Date: Jul 3, 2025
People v. Wallace: Clarifying Proof for SORA Risk Factor 4 and Confirming Concurrent Convictions as Upward-Departure Aggravators Introduction This commentary analyzes the Appellate Division, Second...
Forging a Colleague’s Signature, Misstating Material Facts, and Unilateral Discontinuance: Second Department affirms that such misconduct—paired with failure to advise of potential malpractice—warrants a multi‑year suspension (Matter of Blyer, 2025 NY Slip Op 04005)

Forging a Colleague’s Signature, Misstating Material Facts, and Unilateral Discontinuance: Second Department affirms that such misconduct—paired with failure to advise of potential malpractice—warrants a multi‑year suspension (Matter of Blyer, 2025 NY Slip Op 04005)

Date: Jul 3, 2025
Forging a Colleague’s Signature, Misstating Material Facts, and Unilateral Discontinuance: Second Department affirms that such misconduct—paired with failure to advise of potential...
Securing Stepladders at ≥10 Feet: Second Department Reaffirms Specificity of 12 NYCRR 23-1.21(e)(3) and Underscores Fact-Intensive Nature of Ladder-Fall Claims under Labor Law §§ 240(1) and 241(6)

Securing Stepladders at ≥10 Feet: Second Department Reaffirms Specificity of 12 NYCRR 23-1.21(e)(3) and Underscores Fact-Intensive Nature of Ladder-Fall Claims under Labor Law §§ 240(1) and 241(6)

Date: Jul 3, 2025
Securing Stepladders at ≥10 Feet: Second Department Reaffirms Specificity of 12 NYCRR 23-1.21(e)(3) and Underscores Fact-Intensive Nature of Ladder-Fall Claims under Labor Law §§ 240(1) and 241(6)...
No Physician-Testimony Requirement at Psychiatric Retention Hearings: Nurse Practitioners Deemed Competent Experts under New York MHL §§ 9.31 and 9.33

No Physician-Testimony Requirement at Psychiatric Retention Hearings: Nurse Practitioners Deemed Competent Experts under New York MHL §§ 9.31 and 9.33

Date: Jul 3, 2025
No Physician-Testimony Requirement at Psychiatric Retention Hearings: Nurse Practitioners Deemed Competent Experts under New York MHL §§ 9.31 and 9.33 Introduction In Matter of Raymond E. (2025 NY...
No Third Chances: Imputing Counsel’s Willful Discovery Misconduct to Corporate Clients – A Commentary on Bilodeau v. Usinage Berthold, Inc.

No Third Chances: Imputing Counsel’s Willful Discovery Misconduct to Corporate Clients – A Commentary on Bilodeau v. Usinage Berthold, Inc.

Date: Jul 1, 2025
No Third Chances: Imputing Counsel’s Willful Discovery Misconduct to Corporate Clients – A Commentary on Bilodeau v. Usinage Berthold, Inc. 1. Introduction On 27 June 2025, the United States Court of...
Second Circuit Clarifies BIA’s Duties on Motions to Remand for “Military Parole-in-Place”

Second Circuit Clarifies BIA’s Duties on Motions to Remand for “Military Parole-in-Place”

Date: Jul 1, 2025
Second Circuit Clarifies BIA’s Duties on Motions to Remand for “Military Parole-in-Place” 1. Introduction Case: Calle v. Bondi, No. 24-1565-ag (2d Cir. 2025) Parties: Petitioner Humberto Isidoro...
Parker v. Israel Discount Bank of N.Y., Inc. – Second Circuit Re-emphasizes the Lower Summary-Judgment Bar under the NYCHRL for Mixed-Motive Disability-Discrimination Claims

Parker v. Israel Discount Bank of N.Y., Inc. – Second Circuit Re-emphasizes the Lower Summary-Judgment Bar under the NYCHRL for Mixed-Motive Disability-Discrimination Claims

Date: Jul 1, 2025
Second Circuit Re-emphasizes the Lower Summary-Judgment Bar under the NYCHRL for Mixed-Motive Disability-Discrimination Claims I. Introduction In Parker v. Israel Discount Bank of New York, Inc.,...

        Legitimate Penological Interest as a Complete Defense to Prisoner-Retaliation and Class-of-One Claims: Commentary on Reynolds v. Quiros (2d Cir. 2025)

Legitimate Penological Interest as a Complete Defense to Prisoner-Retaliation and Class-of-One Claims: Commentary on Reynolds v. Quiros (2d Cir. 2025)

Date: Jul 1, 2025
Legitimate Penological Interest as a Complete Defense to Prisoner-Retaliation and Class-of-One Claims: Commentary on Reynolds v. Quiros (2d Cir. 2025) Introduction The United States Court of Appeals...
United States v. Guldi: Second Circuit Raises the Bar for the “Sophisticated-Means” Sentencing Enhancement

United States v. Guldi: Second Circuit Raises the Bar for the “Sophisticated-Means” Sentencing Enhancement

Date: Jul 1, 2025
United States v. Guldi: Second Circuit Raises the Bar for the “Sophisticated-Means” Sentencing Enhancement 1. Introduction United States v. Guldi, No. 23-6909-cr (2d Cir. June 27, 2025) is the Second...

“Service-Contracts-as-Debt”: Louisiana Supreme Court Requires Bond Commission Approval for Multi-Year Municipal Service Agreements

“Service-Contracts-as-Debt”: Louisiana Supreme Court Requires Bond Commission Approval for Multi-Year Municipal Service Agreements

Date: Jul 1, 2025
“Service-Contracts-as-Debt”: Louisiana Supreme Court Requires Bond Commission Approval for Multi-Year Municipal Service Agreements 1. Introduction In 23rd Psalm Trucking, L.L.C. v. Madison Parish...

        Extinguishment Upon Delay: The 90-Day Peremptive Deadline and Waiver Doctrine
        Confirmed in Gerald Williams v. Louisiana Department of Public Safety & Corrections

Extinguishment Upon Delay: The 90-Day Peremptive Deadline and Waiver Doctrine Confirmed in Gerald Williams v. Louisiana Department of Public Safety & Corrections

Date: Jul 1, 2025
Extinguishment Upon Delay: The 90-Day Peremptive Deadline and Waiver Doctrine Confirmed in Gerald Williams v. Louisiana Department of Public Safety & Corrections Introduction In Gerald Williams v....
Irwin v. Brent: Reaffirming the Manifest-Error Standard and Implied Consent in Louisiana Intentional-Tort Appeals

Irwin v. Brent: Reaffirming the Manifest-Error Standard and Implied Consent in Louisiana Intentional-Tort Appeals

Date: Jul 1, 2025
Irwin v. Brent: Reaffirming the Manifest-Error Standard and Implied Consent in Louisiana Intentional-Tort Appeals 1. Introduction On 27 June 2025 the Supreme Court of Louisiana issued a per curiam...
Liquidated Damages as Community Property – The New Rule in Orgeron v. Orgeron

Liquidated Damages as Community Property – The New Rule in Orgeron v. Orgeron

Date: Jul 1, 2025
Liquidated Damages as Community Property – The New Rule in Orgeron v. Orgeron Introduction On 27 June 2025, the Supreme Court of Louisiana delivered a landmark decision in Kelly O. Orgeron v. Edward...
“Hands-On, But Not Locked-Out” – Louisiana Supreme Court Narrows the Manual-Labor Exception to Independent Contractors Only

“Hands-On, But Not Locked-Out” – Louisiana Supreme Court Narrows the Manual-Labor Exception to Independent Contractors Only

Date: Jul 1, 2025
“Hands-On, But Not Locked-Out” – Louisiana Supreme Court Narrows the Manual-Labor Exception to Independent Contractors Only Introduction On 27 June 2025 the Supreme Court of Louisiana decided...
The Robinson Principle: Louisiana’s Post-Glossip Clarification on Brady/Napue Materiality

The Robinson Principle: Louisiana’s Post-Glossip Clarification on Brady/Napue Materiality

Date: Jul 1, 2025
The Robinson Principle: Louisiana’s Post-Glossip Clarification on Brady/Napue Materiality Introduction State ex rel. Darrell J. Robinson v. Darrel Vannoy is the Louisiana Supreme Court’s most recent—...
“Not Punishment but Protection” – The Louisiana Supreme Court Affirms the Civil Character of Juvenile Sex-Offender Registration in State ex rel. D.D. (2025)

“Not Punishment but Protection” – The Louisiana Supreme Court Affirms the Civil Character of Juvenile Sex-Offender Registration in State ex rel. D.D. (2025)

Date: Jul 1, 2025
“Not Punishment but Protection” – The Louisiana Supreme Court Affirms the Civil Character of Juvenile Sex-Offender Registration in State of Louisiana in the Interest of D.D. (2025) 1. Introduction On...

        State v. Thomas (2025): Re-articulating the “Reasonable-Likelihood” 
        Prejudice Standard and Expanding Defense Counsel’s Evidentiary Duties

State v. Thomas (2025): Re-articulating the “Reasonable-Likelihood” Prejudice Standard and Expanding Defense Counsel’s Evidentiary Duties

Date: Jul 1, 2025
State v. Thomas (La. 2025): Re-articulating the “Reasonable-Likelihood” Prejudice Standard and Expanding Defense Counsel’s Duty to Exploit Available Exculpatory Evidence Introduction On 27 June 2025...
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