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  • Commentaries
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trial-court& Case Commentaries

Minimal Inference Reaffirmed: Coworker Allegations and Facially Neutral Acts May Form the “Mosaic” Supporting Title VII/NYSHRL Pleadings

Minimal Inference Reaffirmed: Coworker Allegations and Facially Neutral Acts May Form the “Mosaic” Supporting Title VII/NYSHRL Pleadings

Date: Oct 25, 2025
Minimal Inference Reaffirmed: Coworker Allegations and Facially Neutral Acts May Form the “Mosaic” Supporting Title VII/NYSHRL Pleadings Case: Brown v. Montefiore Health System, Inc., No. 24-3078-cv...
“Something More” Still Means More: Second Circuit Reaffirms Narrow Defamation Jurisdiction Under CPLR 302(a)(1) and Rejects Property-Based Hook Under 302(a)(4) for Third-Party USPS “Known Office of Publication”

“Something More” Still Means More: Second Circuit Reaffirms Narrow Defamation Jurisdiction Under CPLR 302(a)(1) and Rejects Property-Based Hook Under 302(a)(4) for Third-Party USPS “Known Office of Publication”

Date: Oct 25, 2025
“Something More” Still Means More: Second Circuit Reaffirms Narrow Defamation Jurisdiction Under CPLR 302(a)(1) and Rejects Property-Based Hook Under 302(a)(4) for Third-Party USPS “Known Office of...
“Outside the Heartland” in §924(c) Sentencing: Second Circuit Affirms Significant Upward Variances When Firearm Use Results in Homicide

“Outside the Heartland” in §924(c) Sentencing: Second Circuit Affirms Significant Upward Variances When Firearm Use Results in Homicide

Date: Oct 25, 2025
“Outside the Heartland” in §924(c) Sentencing: Second Circuit Affirms Significant Upward Variances When Firearm Use Results in Homicide Introduction In United States v. Ben-Jochannan (consolidated...
Harmless Guidelines Error under a Rule 11(c)(1)(C) Plea and “Self‑Evident” Justification for Alcohol‑Abstinence Conditions: United States v. Goins (2d Cir. 2025)

Harmless Guidelines Error under a Rule 11(c)(1)(C) Plea and “Self‑Evident” Justification for Alcohol‑Abstinence Conditions: United States v. Goins (2d Cir. 2025)

Date: Oct 25, 2025
Harmless Guidelines Error under a Rule 11(c)(1)(C) Plea and “Self‑Evident” Justification for Alcohol‑Abstinence Conditions: United States v. Goins (2d Cir. 2025) Note on precedential status: This is...
Second Circuit Narrows “Misappropriation” Exclusion: Client‑Authorized Fund Transfers Do Not Defeat Duty to Defend Under New York Law

Second Circuit Narrows “Misappropriation” Exclusion: Client‑Authorized Fund Transfers Do Not Defeat Duty to Defend Under New York Law

Date: Oct 25, 2025
Second Circuit Narrows “Misappropriation” Exclusion: Client‑Authorized Fund Transfers Do Not Defeat Duty to Defend Under New York Law Introduction In Marcus & Cinelli, LLP v. Aspen American Insurance...
Refusal of Reassignment Defeats ADA Claim: Eleventh Circuit holds offering a vacant alternative position is a reasonable accommodation even when the employee requests short-term leave

Refusal of Reassignment Defeats ADA Claim: Eleventh Circuit holds offering a vacant alternative position is a reasonable accommodation even when the employee requests short-term leave

Date: Oct 25, 2025
Refusal of Reassignment Defeats ADA Claim: Eleventh Circuit holds offering a vacant alternative position is a reasonable accommodation even when the employee requests short-term leave Case: Brandon...
Unwillingness, Not Inability: Eleventh Circuit Affirms Upward Variance Based on Willful Nonpayment and Disregard for the Law

Unwillingness, Not Inability: Eleventh Circuit Affirms Upward Variance Based on Willful Nonpayment and Disregard for the Law

Date: Oct 25, 2025
Unwillingness, Not Inability: Eleventh Circuit Affirms Upward Variance Based on Willful Nonpayment and Disregard for the Law Case: United States v. Linda Davis, No. 24-13399 (11th Cir. Oct. 23, 2025)...
Forfeited Loper Bright Challenge to AEDPA and No Double Jeopardy COA After Hung Jury: Commentary on Bellar v. Stancil (10th Cir. Oct. 23, 2025)

Forfeited Loper Bright Challenge to AEDPA and No Double Jeopardy COA After Hung Jury: Commentary on Bellar v. Stancil (10th Cir. Oct. 23, 2025)

Date: Oct 25, 2025
Forfeited Loper Bright Challenge to AEDPA and No Double Jeopardy COA After Hung Jury: Bellar v. Stancil Introduction In Bellar v. Stancil, the United States Court of Appeals for the Tenth Circuit...
Cabrera v. Bondi: Tenth Circuit Confirms “More Than Incidental” Nexus for Withholding and Reiterates CAT’s Intent Requirement; Timeliness Objection Forfeitable Under Riley

Cabrera v. Bondi: Tenth Circuit Confirms “More Than Incidental” Nexus for Withholding and Reiterates CAT’s Intent Requirement; Timeliness Objection Forfeitable Under Riley

Date: Oct 25, 2025
Cabrera v. Bondi: Tenth Circuit Confirms “More Than Incidental” Nexus for Withholding and Reiterates CAT’s Intent Requirement; Timeliness Objection Forfeitable Under Riley Introduction In Cabrera v....
United States v. Chavez: Tenth Circuit reinforces 14‑day limit for reconsidering § 3582(c)(2) denials and applies a broad “in connection with” firearm bar to § 4C1.1 zero‑point reductions

United States v. Chavez: Tenth Circuit reinforces 14‑day limit for reconsidering § 3582(c)(2) denials and applies a broad “in connection with” firearm bar to § 4C1.1 zero‑point reductions

Date: Oct 25, 2025
United States v. Chavez: Tenth Circuit reinforces 14‑day limit for reconsidering § 3582(c)(2) denials and applies a broad “in connection with” firearm bar to § 4C1.1 zero‑point reductions Court: U.S....
Reliability Requires Bias Analysis: Seventh Circuit Tightens Rule 702 for Litigation-Generated Epidemiology and Upholds Return-Conditioned “100% Satisfaction” Warranties

Reliability Requires Bias Analysis: Seventh Circuit Tightens Rule 702 for Litigation-Generated Epidemiology and Upholds Return-Conditioned “100% Satisfaction” Warranties

Date: Oct 25, 2025
Reliability Requires Bias Analysis: Seventh Circuit Tightens Rule 702 for Litigation-Generated Epidemiology and Upholds Return-Conditioned “100% Satisfaction” Warranties Introduction In Gilbert v....
IntegrateNYC v. State of New York: Reaffirming Paynter—District‑Wide Input Deficiencies and Intentional Discrimination Required; No Constitutional Mandate for Culturally Responsive Curriculum or Educator Diversity

IntegrateNYC v. State of New York: Reaffirming Paynter—District‑Wide Input Deficiencies and Intentional Discrimination Required; No Constitutional Mandate for Culturally Responsive Curriculum or Educator Diversity

Date: Oct 25, 2025
IntegrateNYC v. State of New York: Reaffirming Paynter—District‑Wide Input Deficiencies and Intentional Discrimination Required; No Constitutional Mandate for Culturally Responsive Curriculum or...
People v. Fuentes: Document-Specific “Tends to Impeach” Standard Clarified; Derivative IAB Reports Need Not Precede a Valid Certificate of Compliance

People v. Fuentes: Document-Specific “Tends to Impeach” Standard Clarified; Derivative IAB Reports Need Not Precede a Valid Certificate of Compliance

Date: Oct 25, 2025
People v. Fuentes: Document-Specific “Tends to Impeach” Standard Clarified; Derivative IAB Reports Need Not Precede a Valid Certificate of Compliance Introduction In People v. Fuentes, 2025 NY Slip...
Mandatory Five-Year PRS on DVSJA Determinate Sentences for Class A‑I Felonies and Enforceable Appeal Waivers: Commentary on People v. Hernandez

Mandatory Five-Year PRS on DVSJA Determinate Sentences for Class A‑I Felonies and Enforceable Appeal Waivers: Commentary on People v. Hernandez

Date: Oct 25, 2025
Mandatory Five-Year PRS on DVSJA Determinate Sentences for Class A‑I Felonies and Enforceable Appeal Waivers: People v. Hernandez Introduction In People v. Hernandez, 2025 NY Slip Op 05874 (Oct. 23,...
No “Scene‑of‑Crime” Exception to Miranda: Handcuffs + On‑Scene “Investigatory” Questions Constitute Custodial Interrogation — People v. Robinson (N.Y. 2025)

No “Scene‑of‑Crime” Exception to Miranda: Handcuffs + On‑Scene “Investigatory” Questions Constitute Custodial Interrogation — People v. Robinson (N.Y. 2025)

Date: Oct 25, 2025
No “Scene‑of‑Crime” Exception to Miranda: Handcuffs + On‑Scene “Investigatory” Questions Constitute Custodial Interrogation — People v. Robinson (N.Y. 2025) Introduction In People v. Robinson, 2025...
People v. Wright: New York High Court Holds the Right to Controvert Predicate Violent Felony Allegations is Personal to the Defendant under CPL 400.15(3)

People v. Wright: New York High Court Holds the Right to Controvert Predicate Violent Felony Allegations is Personal to the Defendant under CPL 400.15(3)

Date: Oct 25, 2025
People v. Wright: New York High Court Holds the Right to Controvert Predicate Violent Felony Allegations is Personal to the Defendant under CPL 400.15(3) Court: New York Court of Appeals Citation:...
Reasonableness of a Single Takedown Kick During a Rapid Arrest; District Courts’ Discretion to Decline Florida Battery Claims After Federal Dismissal

Reasonableness of a Single Takedown Kick During a Rapid Arrest; District Courts’ Discretion to Decline Florida Battery Claims After Federal Dismissal

Date: Oct 25, 2025
Reasonableness of a Single Takedown Kick During a Rapid Arrest; District Courts’ Discretion to Decline Florida Battery Claims After Federal Dismissal Introduction This unpublished, per curiam...
Headlong Flight at a Closed Business Converts Reasonable Suspicion into Probable Cause for Alabama Third-Degree Trespass; Eleventh Circuit Reaffirms § 922(g)(1) Post-Bruen/Rahimi

Headlong Flight at a Closed Business Converts Reasonable Suspicion into Probable Cause for Alabama Third-Degree Trespass; Eleventh Circuit Reaffirms § 922(g)(1) Post-Bruen/Rahimi

Date: Oct 25, 2025
Headlong Flight at a Closed Business Converts Reasonable Suspicion into Probable Cause for Alabama Third-Degree Trespass; Eleventh Circuit Reaffirms § 922(g)(1) Post-Bruen/Rahimi Case: United States...
Enforcing Neutral Medical-Clearance Policies as a Legitimate Non-Discriminatory Basis: Sixth Circuit Affirms Summary Judgment and Highlights Proof Requirements for Hostile Environment and Retaliation

Enforcing Neutral Medical-Clearance Policies as a Legitimate Non-Discriminatory Basis: Sixth Circuit Affirms Summary Judgment and Highlights Proof Requirements for Hostile Environment and Retaliation

Date: Oct 25, 2025
Enforcing Neutral Medical-Clearance Policies as a Legitimate Non-Discriminatory Basis: Sixth Circuit Affirms Summary Judgment and Highlights Proof Requirements for Hostile Environment and Retaliation...
Ethnic Modifiers Do Not Salvage Circular Particular Social Groups, and Nexus Cannot Be Inferred from Population-Level Disparities: Commentary on Macario‑Tzoc v. Bondi (6th Cir. 2025)

Ethnic Modifiers Do Not Salvage Circular Particular Social Groups, and Nexus Cannot Be Inferred from Population-Level Disparities: Commentary on Macario‑Tzoc v. Bondi (6th Cir. 2025)

Date: Oct 25, 2025
Ethnic Modifiers Do Not Salvage Circular Particular Social Groups, and Nexus Cannot Be Inferred from Population‑Level Disparities: Commentary on Macario‑Tzoc v. Bondi (6th Cir. 2025) Court: U.S....
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