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  • Commentaries
  • Judgments

tenth-circuit-upholds-stringent-&amp Case Commentaries

United States v. Dobbin: Third Circuit Authorizes Use of Non-Shepard Records to Prove the Fact—Though Not the Nature—of Prior Convictions in Career-Offender Sentencing

United States v. Dobbin: Third Circuit Authorizes Use of Non-Shepard Records to Prove the Fact—Though Not the Nature—of Prior Convictions in Career-Offender Sentencing

Date: Aug 14, 2025
United States v. Dobbin: Third Circuit Authorizes Use of Non-Shepard Records to Prove the Fact—Though Not the Nature—of Prior Convictions in Career-Offender Sentencing Introduction United States v....
“Discovery Sanctions in § 1782 Proceedings: The Fifth Circuit Clarifies No Mandatory Conference Is Required Before Rule 37(b) Relief”

“Discovery Sanctions in § 1782 Proceedings: The Fifth Circuit Clarifies No Mandatory Conference Is Required Before Rule 37(b) Relief”

Date: Aug 14, 2025
Discovery Sanctions in § 1782 Proceedings: The Fifth Circuit Clarifies No Mandatory Conference Is Required Before Rule 37(b) Relief Introduction Banco Mercantil v. Paramo (No. 24-20375, 5th Cir. Aug....
Palms v. Texas Children’s Hospital:  The Fifth Circuit’s New Rule on Appellate Forfeiture of Post-Accommodation Title VII Religious-Discrimination Claims

Palms v. Texas Children’s Hospital: The Fifth Circuit’s New Rule on Appellate Forfeiture of Post-Accommodation Title VII Religious-Discrimination Claims

Date: Aug 14, 2025
Palms v. Texas Children’s Hospital: The Fifth Circuit’s New Rule on Appellate Forfeiture of Post-Accommodation Title VII Religious-Discrimination Claims 1. Introduction In Palms v. Texas Children’s...
Gardner v. IAM: The Fourth Circuit Adopts a “Reasonable-Notice” Test for § 501(b) Union-Member Demands

Gardner v. IAM: The Fourth Circuit Adopts a “Reasonable-Notice” Test for § 501(b) Union-Member Demands

Date: Aug 14, 2025
Gardner v. International Association of Machinists (4th Cir. 2025) Establishing the “Reasonable-Notice” Standard for § 501(b) Demands I. Introduction In Sandra Gardner v. International Association of...
Second Department Clarifies “Reasonable Time” for Substitution Under CPLR 1021 Amid Insurer Liquidation Stays: Dagastino v. Crown Container, Inc. (2025 NY Slip Op 04627)

Second Department Clarifies “Reasonable Time” for Substitution Under CPLR 1021 Amid Insurer Liquidation Stays: Dagastino v. Crown Container, Inc. (2025 NY Slip Op 04627)

Date: Aug 14, 2025
Second Department Clarifies “Reasonable Time” for Substitution Under CPLR 1021 Amid Insurer Liquidation Stays Dagastino v. Crown Container, Inc. (2025 NY Slip Op 04627) Introduction In Dagastino v....
Negligent Escrow Misappropriation and Failure to Reconcile Warrant Suspension Despite Remedial Steps: Commentary on Matter of Stutman (2025 NY Slip Op 04655)

Negligent Escrow Misappropriation and Failure to Reconcile Warrant Suspension Despite Remedial Steps: Commentary on Matter of Stutman (2025 NY Slip Op 04655)

Date: Aug 14, 2025
Negligent Escrow Misappropriation and Failure to Reconcile Warrant Suspension Despite Remedial Steps: Matter of Stutman Introduction Matter of Stutman (2025 NY Slip Op 04655) is a per curiam...
Nonpayment of Binding Part 137 Fee Arbitration Awards as Professional Misconduct Under Rules 1.15(c)(4) and 8.4: Matter of O’Brien

Nonpayment of Binding Part 137 Fee Arbitration Awards as Professional Misconduct Under Rules 1.15(c)(4) and 8.4: Matter of O’Brien

Date: Aug 14, 2025
Nonpayment of Binding Part 137 Fee Arbitration Awards as Professional Misconduct Under Rules 1.15(c)(4) and 8.4: Matter of O’Brien Introduction In Matter of O’Brien (2025 NY Slip Op 04651), the...
Completion of Services Is Not Enough: Second Department Clarifies “Diligent Efforts” and the “Insight” Requirement in Permanent Neglect Terminations

Completion of Services Is Not Enough: Second Department Clarifies “Diligent Efforts” and the “Insight” Requirement in Permanent Neglect Terminations

Date: Aug 14, 2025
Completion of Services Is Not Enough: Second Department Clarifies “Diligent Efforts” and the “Insight” Requirement in Permanent Neglect Terminations Case: Matter of Benz G. (Nadia B.) — In the...
Supervisory Liability of Individual Clinicians Survives While Corporate Negligent Hiring Claims Fall Under Respondeat Superior: Commentary on Garcia v. Hollander (2025 NY Slip Op 04634)

Supervisory Liability of Individual Clinicians Survives While Corporate Negligent Hiring Claims Fall Under Respondeat Superior: Commentary on Garcia v. Hollander (2025 NY Slip Op 04634)

Date: Aug 14, 2025
Supervisory Liability of Individual Clinicians Survives While Corporate Negligent Hiring Claims Fall Under Respondeat Superior: Garcia v. Hollander (2025 NY Slip Op 04634) Introduction In Garcia v....
Encounter‑Specific EDTPA Immunity: Sapienza v. Tromba Clarifies the “Impact” Requirement and Reaffirms Non‑Retroactivity of EDTPA Repeal

Encounter‑Specific EDTPA Immunity: Sapienza v. Tromba Clarifies the “Impact” Requirement and Reaffirms Non‑Retroactivity of EDTPA Repeal

Date: Aug 14, 2025
Encounter‑Specific EDTPA Immunity: Sapienza v. Tromba Clarifies the “Impact” Requirement and Reaffirms Non‑Retroactivity of EDTPA Repeal Introduction Sapienza v. Tromba (2025 NY Slip Op 04672) is a...
Cooperative Corporations as “Owners” for Labor Law §§ 240(1) and 241(6): Proprietary-Lease Nexus Confirmed; Device-Quality Regulations (12 NYCRR 23-1.15, 23-1.16) Inapplicable When No Device Is Supplied

Cooperative Corporations as “Owners” for Labor Law §§ 240(1) and 241(6): Proprietary-Lease Nexus Confirmed; Device-Quality Regulations (12 NYCRR 23-1.15, 23-1.16) Inapplicable When No Device Is Supplied

Date: Aug 14, 2025
Cooperative Corporations as “Owners” for Labor Law §§ 240(1) and 241(6): Proprietary-Lease Nexus Confirmed; Device-Quality Regulations (12 NYCRR 23-1.15, 23-1.16) Inapplicable When No Device Is...
Including Children in Orders of Protection Requires Demonstrable Exposure or Endangerment: Second Department’s Clarification in Laura W. v. John U. (2025)

Including Children in Orders of Protection Requires Demonstrable Exposure or Endangerment: Second Department’s Clarification in Laura W. v. John U. (2025)

Date: Aug 14, 2025
Including Children in Orders of Protection Requires Demonstrable Exposure or Endangerment: Second Department’s Clarification in Laura W. v. John U. (2025) Court: Appellate Division, Second...
Settlement Allocution as Conclusive Documentary Evidence Defeating Post‑Settlement Malpractice Claims: Valentina v. Beckerman (2025)

Settlement Allocution as Conclusive Documentary Evidence Defeating Post‑Settlement Malpractice Claims: Valentina v. Beckerman (2025)

Date: Aug 14, 2025
Settlement Allocution as Conclusive Documentary Evidence Defeating Post‑Settlement Malpractice Claims: Valentina v. Beckerman Citation: Valentina v. Beckerman, 2025 NY Slip Op 04682 (App. Div. 2d...
CEEFPA Hardship Declarations Are Not an “Appearance”: Second Department Clarifies No Waiver of Personal Jurisdiction in Foreclosure Actions

CEEFPA Hardship Declarations Are Not an “Appearance”: Second Department Clarifies No Waiver of Personal Jurisdiction in Foreclosure Actions

Date: Aug 14, 2025
CEEFPA Hardship Declarations Are Not an “Appearance”: Second Department Clarifies No Waiver of Personal Jurisdiction in Foreclosure Actions Introduction In U.S. Bank Trust, N.A. v. Lane (2025 NY Slip...
Oversight Duties Defeat Common‑Law Indemnity and Contribution; Prime‑Contract Indemnity Does Not Flow Down Without Clear Incorporation — Town of Oyster Bay v. Peter Scalamandre & Sons, Inc. (2025 NY Slip Op 04679)

Oversight Duties Defeat Common‑Law Indemnity and Contribution; Prime‑Contract Indemnity Does Not Flow Down Without Clear Incorporation — Town of Oyster Bay v. Peter Scalamandre & Sons, Inc. (2025 NY Slip Op 04679)

Date: Aug 14, 2025
Oversight Duties Defeat Common‑Law Indemnity and Contribution; Prime‑Contract Indemnity Does Not Flow Down Without Clear Incorporation Case: Town of Oyster Bay v. Peter Scalamandre & Sons, Inc., 2025...
Functional Control at the Pleading Stage: New York’s Second Department Lowers the Barrier to Alleging Joint-Employer and Single-Enterprise Liability (Shujing Yu v. Mask Pot, Inc., 2025 NY Slip Op 04673)

Functional Control at the Pleading Stage: New York’s Second Department Lowers the Barrier to Alleging Joint-Employer and Single-Enterprise Liability (Shujing Yu v. Mask Pot, Inc., 2025 NY Slip Op 04673)

Date: Aug 14, 2025
Functional Control at the Pleading Stage: New York’s Second Department Lowers the Barrier to Alleging Joint-Employer and Single-Enterprise Liability Introduction In Shujing Yu v. Mask Pot, Inc. (2025...
Pre‑2019 NYSHRL Standards Reaffirmed; Legitimate Elimination of Administrative Stipends Defeats Gender Discrimination and Retaliation Claims — Commentary on Niemotko v. Mount Saint Mary College (2025 NY Slip Op 04658)

Pre‑2019 NYSHRL Standards Reaffirmed; Legitimate Elimination of Administrative Stipends Defeats Gender Discrimination and Retaliation Claims — Commentary on Niemotko v. Mount Saint Mary College (2025 NY Slip Op 04658)

Date: Aug 14, 2025
Pre‑2019 NYSHRL Standards Reaffirmed; Legitimate Elimination of Administrative Stipends Defeats Gender Discrimination and Retaliation Claims — Commentary on Niemotko v. Mount Saint Mary College (2025...

        Offence-Date Baseline Reaffirmed for Ex-Post-Facto Parole Challenges:
        Commentary on Fred Krug v. New Jersey State Parole Board

Offence-Date Baseline Reaffirmed for Ex-Post-Facto Parole Challenges: Commentary on Fred Krug v. New Jersey State Parole Board

Date: Aug 13, 2025
Offence-Date Baseline Reaffirmed for Ex-Post-Facto Parole Challenges: A Structured Commentary on Fred Krug v. New Jersey State Parole Board (N.J. 2025) 1. Introduction In Fred Krug v. New Jersey...
“One Year to Sue”: The New Jersey Supreme Court Aligns False-Light Privacy Claims with Defamation for Statute-of-Limitations Purposes

“One Year to Sue”: The New Jersey Supreme Court Aligns False-Light Privacy Claims with Defamation for Statute-of-Limitations Purposes

Date: Aug 13, 2025
“One Year to Sue”: The New Jersey Supreme Court Aligns False-Light Privacy Claims with Defamation for Statute-of-Limitations Purposes Introduction On 7 August 2025, the Supreme Court of New Jersey...
From “Patent and Gross” to “Ordinary”: State v. Taylor Jr. Redefines Judicial Review of Graves Act Waiver Denials

From “Patent and Gross” to “Ordinary”: State v. Taylor Jr. Redefines Judicial Review of Graves Act Waiver Denials

Date: Aug 13, 2025
From “Patent and Gross” to “Ordinary”: State v. Taylor Jr. Establishes the Abuse-of-Discretion Standard for Graves Act Waiver Reviews Introduction State v. Delshon J. Taylor Jr., 259 N.J. ___ (2025),...
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