tenant&amp Case Commentaries

Nonlawyer Guardians Cannot Perfect Appeals in South Dakota: Notices of Appeal Filed on Behalf of Wards Are Ineffective to Invoke Appellate Jurisdiction

Date: Nov 1, 2025

Nonlawyer Guardians Cannot Perfect Appeals in South Dakota: Notices of Appeal Filed on Behalf of Wards Are Ineffective to Invoke Appellate Jurisdiction Introduction In Danielson v. LifeScape, 2025...

Clarifying “Ability to Pay” in Alimony Contempt: Assets and Borrowing Capacity Must Be Considered; Good‑Faith Career Changes Can Warrant Modification (Peery v. Peery, 2025 S.D. 57)

Date: Nov 1, 2025

Clarifying “Ability to Pay” in Alimony Contempt: Assets and Borrowing Capacity Must Be Considered; Good‑Faith Career Changes Can Warrant Modification Introduction In Peery v. Peery, 2025 S.D. 57, the...

Court, Not Arbitrator, Decides Compliance with Pre‑Arbitration Conditions; One‑Year Claim Limit in Home‑Inspection Agreements Enforced at Pleading Stage

Date: Nov 1, 2025

Court, Not Arbitrator, Decides Compliance with Pre‑Arbitration Conditions; One‑Year Claim Limit in Home‑Inspection Agreements Enforced at Pleading Stage Introduction This commentary examines the...

Second Department Clarifies: Referee Reports Must Rest on Produced Business Records; RPAPL 1301(3) Defense Fails Absent Prejudice

Date: Nov 1, 2025

Second Department Clarifies: Referee Reports Must Rest on Produced Business Records; RPAPL 1301(3) Defense Fails Absent Prejudice Introduction In Citimortgage, Inc. v. Hassanin (2025 NY Slip Op...

Insurer’s Denial ≠ Breach of Procurement Duty; Ambiguous Releases Won’t Bar Third‑Party Indemnity: Grala v. Structural Preservation Systems, LLC (2d Dep’t 2025)

Date: Nov 1, 2025

Insurer’s Denial ≠ Breach of Procurement Duty; Ambiguous Releases Won’t Bar Third‑Party Indemnity: Grala v. Structural Preservation Systems, LLC (2d Dep’t 2025) Introduction This commentary analyzes...

Failure to Schedule Water-Meter Replacement Constitutes “Denial of Access” Under NYC Water Board Rate Schedule

Date: Nov 1, 2025

Failure to Schedule Water-Meter Replacement Constitutes “Denial of Access” Under NYC Water Board Rate Schedule Introduction In Matter of 29-76 Realty Co., LLC v. New York City Water Board, 2025 NY...

“Appearance of Impropriety” Is a Constitutionally Definite Recusal Standard in Local Ethics Codes: Commentary on Matter of Goldstein v. Village of Mamaroneck Board of Ethics

Date: Nov 1, 2025

“Appearance of Impropriety” Is a Constitutionally Definite Recusal Standard in Local Ethics Codes Commentary on Matter of Goldstein v. Village of Mamaroneck Board of Ethics, 2025 NY Slip Op 05950 (2d...

Adverse Possession Under Color of Title Defeats Unprobated Remainder Interests; After-Acquired Title Extends Mortgage to Entire Premises

Date: Nov 1, 2025

Adverse Possession Under Color of Title Defeats Unprobated Remainder Interests; After-Acquired Title Extends Mortgage to Entire Premises Introduction In Walters v. O'Quinn, 2025 NY Slip Op 05988 (App...

Enforcing Civility and Fitness: The ODC’s Amended Disciplinary Complaint Against Mark E. Anderson Under MRPC 3.1, 3.5, and 8.4

Date: Nov 1, 2025

Enforcing Civility and Fitness: The ODC’s Amended Disciplinary Complaint Against Mark E. Anderson Under MRPC 3.1, 3.5, and 8.4 Important procedural note: Although the source is labeled as an...

United States v. Powell (2d Cir. 2025): Nonprecedential Guidance on Composite Surveillance Videos, Excited-Utterance Identifications, and Upward Variances in Violent Robberies

Date: Nov 1, 2025

United States v. Powell (2d Cir. 2025): Nonprecedential Guidance on Composite Surveillance Videos, Excited-Utterance Identifications, and Upward Variances in Violent Robberies Introduction This...

Second Circuit Reins in “Standard” Supervised Release Conditions: Family-Contact Restrictions Require On‑the‑Record Justification; SDNY Risk‑Notification Condition Struck; Suspicion‑Based Search Condition Upheld — United States v. Rodriguez (2d Cir. 2025)

Date: Nov 1, 2025

Second Circuit Reins in “Standard” Supervised Release Conditions: Family-Contact Restrictions Require On‑the‑Record Justification; SDNY Risk‑Notification Condition Struck; Suspicion‑Based Search...

Medication-Compliance Language May Clarify, Not Expand, an Oral Mental-Health Condition; Reasonable-Suspicion Electronic-Device Search Conditions Upheld Where the Record Shows E-Communications (United States v. Woods, 2d Cir. 2025)

Date: Nov 1, 2025

Medication-Compliance Language May Clarify, Not Expand, an Oral Mental-Health Condition; Reasonable-Suspicion Electronic-Device Search Conditions Upheld Where the Record Shows E-Communications Case:...

Chen v. Rubio: Second Circuit Limits “Mandel” Review to Cases Burdening a U.S. Citizen’s Constitutional Rights and Extends Muñoz Beyond Spouses to Parents and Siblings

Date: Nov 1, 2025

Chen v. Rubio: Second Circuit Limits “Mandel” Review to Cases Burdening a U.S. Citizen’s Constitutional Rights and Extends Muñoz Beyond Spouses to Parents and Siblings Introduction In Chen v. Rubio,...

Reese v. SSA: Post-Dated Mental-Health Reports Are Not Chronologically Relevant Without Pre-Decision Corroboration; De Novo Review Permits Courts to Reach Materiality Not Addressed by the Appeals Council

Date: Nov 1, 2025

Reese v. SSA: Post-Dated Mental-Health Reports Are Not Chronologically Relevant Without Pre-Decision Corroboration; De Novo Review Permits Courts to Reach Materiality Not Addressed by the Appeals...

No Backdoor via Rule 60(b)(4): Eleventh Circuit Reaffirms Law‑of‑the‑Case Limits and Imposes Rule 38 Sanctions in Foley v. Orange County

Date: Nov 1, 2025

No Backdoor via Rule 60(b)(4): Eleventh Circuit Reaffirms Law‑of‑the‑Case Limits and Imposes Rule 38 Sanctions in Foley v. Orange County Introduction In this unpublished, per curiam opinion, the U.S....

From FCHR “No Cause” to Federal Preclusion: Eleventh Circuit Bars § 1981 Claims and Reaffirms Strict Title VII Timeliness and Plausibility Requirements

Date: Nov 1, 2025

From FCHR “No Cause” to Federal Preclusion: Eleventh Circuit Bars § 1981 Claims and Reaffirms Strict Title VII Timeliness and Plausibility Requirements Introduction In Elias Makere v. Allstate...

Eleventh Circuit Clarifies Rule 60(b)(3)’s One‑Year Clock Runs from Entry of the “Order,” Not Delayed by Rule 58’s Separate-Document Requirement; Reaffirms Exacting Standard for “Fraud on the Court” under Rule 60(d)(3)

Date: Nov 1, 2025

Eleventh Circuit Clarifies Rule 60(b)(3)’s One‑Year Clock Runs from Entry of the “Order,” Not Delayed by Rule 58’s Separate-Document Requirement; Reaffirms Exacting Standard for “Fraud on the Court”...

Prior Prostitution Does Not Defeat Enticement or Undue-Influence Findings: Eleventh Circuit Affirms Broad Aiding-and-Abetting Liability in Minor Sex-Trafficking Cases

Date: Nov 1, 2025

Prior Prostitution Does Not Defeat Enticement or Undue-Influence Findings: Eleventh Circuit Affirms Broad Aiding-and-Abetting Liability in Minor Sex-Trafficking Cases Introduction This non-argument,...

Light-Duty Requests Are Protected ADA Activity, But Medical Proof and Comparator Evidence Remain Essential: Sixth Circuit Affirms Summary Judgment in Moore v. Next Generation Hospitality

Date: Nov 1, 2025

Light-Duty Requests Are Protected ADA Activity, But Medical Proof and Comparator Evidence Remain Essential Commentary on Demond Alex Moore v. Next Generation Hospitality LLC, No. 24-4050 (6th Cir....

Kemp did not open a “back door”: Sixth Circuit reaffirms that Rule 60(b)(1) cannot revive an untimely appeal caused by counsel’s misreading of finality and Rule 4

Date: Nov 1, 2025

Kemp did not open a “back door”: Sixth Circuit reaffirms that Rule 60(b)(1) cannot revive an untimely appeal caused by counsel’s misreading of finality and Rule 4 Introduction This Sixth Circuit...

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