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Tenth Circuit Adopts Two‑Step Safety-Exception Test Under the FAAAA/ADA and Affirms That Delay Can Defeat Irreparable Harm: Colorado Motor Carriers Association v. Town of Vail

Tenth Circuit Adopts Two‑Step Safety-Exception Test Under the FAAAA/ADA and Affirms That Delay Can Defeat Irreparable Harm: Colorado Motor Carriers Association v. Town of Vail

Date: Sep 2, 2025
Tenth Circuit Adopts Two‑Step Safety-Exception Test Under the FAAAA/ADA and Affirms That Delay Can Defeat Irreparable Harm: Colorado Motor Carriers Association v. Town of Vail Introduction This...
Broadening the FAAAA Safety Exception: Tenth Circuit Adopts a Two‑Step “Genuinely Responsive” Test and Affirms that Delay Can Defeat Irreparable Harm

Broadening the FAAAA Safety Exception: Tenth Circuit Adopts a Two‑Step “Genuinely Responsive” Test and Affirms that Delay Can Defeat Irreparable Harm

Date: Sep 2, 2025
Broadening the FAAAA Safety Exception: Tenth Circuit Adopts a Two‑Step “Genuinely Responsive” Test and Affirms that Delay Can Defeat Irreparable Harm Introduction In Colorado Motor Carriers...
Narrowing the “Ignored Evidence” Doctrine and Clarifying Post‑Wilkinson Review: First Circuit in Ortiz Trejo v. Bondi on Exceptional Hardship and BIA’s Evidence Review

Narrowing the “Ignored Evidence” Doctrine and Clarifying Post‑Wilkinson Review: First Circuit in Ortiz Trejo v. Bondi on Exceptional Hardship and BIA’s Evidence Review

Date: Sep 2, 2025
Narrowing the “Ignored Evidence” Doctrine and Clarifying Post‑Wilkinson Review: First Circuit in Ortiz Trejo v. Bondi on Exceptional Hardship and BIA’s Evidence Review Introduction In Ortiz Trejo v....
People v. Lesson: Non‑elemental Pleading Discrepancies in Waiver/SCI Are Not Jurisdictional; Third‑Degree Burglary Is a Lesser‑Included of Second‑Degree (Dwelling), Allowing an SCI with General Intent

People v. Lesson: Non‑elemental Pleading Discrepancies in Waiver/SCI Are Not Jurisdictional; Third‑Degree Burglary Is a Lesser‑Included of Second‑Degree (Dwelling), Allowing an SCI with General Intent

Date: Sep 2, 2025
People v. Lesson: Non‑elemental Pleading Discrepancies in Waiver/SCI Are Not Jurisdictional; Third‑Degree Burglary Is a Lesser‑Included of Second‑Degree (Dwelling), Allowing an SCI with General...
Benda v. Sole: Written Certification Under § 42-361.01 Is Not Jurisdictional; Legal Separation Decrees Are Final and Preclusive

Benda v. Sole: Written Certification Under § 42-361.01 Is Not Jurisdictional; Legal Separation Decrees Are Final and Preclusive

Date: Sep 2, 2025
Benda v. Sole: Written Certification Under § 42-361.01 Is Not Jurisdictional; Legal Separation Decrees Are Final and Preclusive Introduction In Benda v. Sole, 319 Neb. 745 (Neb. Aug. 29, 2025), the...
Matter of Spaeth: New York Outlaws Venmo/Zelle and Other Third‑Party Electronic Transfers From Attorney Escrow Accounts; Pandemic Hardships Do Not Excuse Misappropriation

Matter of Spaeth: New York Outlaws Venmo/Zelle and Other Third‑Party Electronic Transfers From Attorney Escrow Accounts; Pandemic Hardships Do Not Excuse Misappropriation

Date: Sep 2, 2025
Matter of Spaeth: New York Outlaws Venmo/Zelle and Other Third‑Party Electronic Transfers From Attorney Escrow Accounts; Pandemic Hardships Do Not Excuse Misappropriation Introduction In Matter of...
No Blanket Consent Searches as a Standard Probation Term: First Department Requires an Individualized, Offense-Related Nexus (People v. Andrus, 2025)

No Blanket Consent Searches as a Standard Probation Term: First Department Requires an Individualized, Offense-Related Nexus (People v. Andrus, 2025)

Date: Sep 2, 2025
No Blanket Consent Searches as a Standard Probation Term: First Department Requires an Individualized, Offense-Related Nexus (People v. Andrus, 2025) Introduction In People v. Andrus (2025 NY Slip Op...
Veil Piercing Without Fraud: New York First Department Holds Daily Cash Sweeps and Post‑Suit Dissolution Constitute “Wrong” for Alter‑Ego Liability

Veil Piercing Without Fraud: New York First Department Holds Daily Cash Sweeps and Post‑Suit Dissolution Constitute “Wrong” for Alter‑Ego Liability

Date: Sep 2, 2025
Veil Piercing Without Fraud: New York First Department Holds Daily Cash Sweeps and Post‑Suit Dissolution Constitute “Wrong” for Alter‑Ego Liability Case: Rich v. J.A. Madison, LLC, 2025 NY Slip Op...
Cross‑Study “Establishment” Claims: Third Circuit Clarifies That Side‑by‑Side Superiority Messaging Is Literally False Absent Reliable Comparability—and That Damages Still Require Proof of Actual Deception and Reliance

Cross‑Study “Establishment” Claims: Third Circuit Clarifies That Side‑by‑Side Superiority Messaging Is Literally False Absent Reliable Comparability—and That Damages Still Require Proof of Actual Deception and Reliance

Date: Sep 2, 2025
Cross‑Study “Establishment” Claims: Third Circuit Clarifies That Side‑by‑Side Superiority Messaging Is Literally False Absent Reliable Comparability—and That Damages Still Require Proof of Actual...
Preponderance Standard Governs LUC Boundary Interpretations; Declaratory Orders Limited to Resolving Map Uncertainty

Preponderance Standard Governs LUC Boundary Interpretations; Declaratory Orders Limited to Resolving Map Uncertainty

Date: Sep 2, 2025
Preponderance Standard Governs LUC Boundary Interpretations; Declaratory Orders Limited to Resolving Map Uncertainty Introduction In Honoipu Hideaway, LLC v. State (Supreme Court of Hawaiʻi, August...
“Private Place” Need Not Be Defined in the Indictment; Courts May Consider Extrinsic Information to Assess Notice on Timely Challenges — State v. Kaakimaka (Haw. 2025)

“Private Place” Need Not Be Defined in the Indictment; Courts May Consider Extrinsic Information to Assess Notice on Timely Challenges — State v. Kaakimaka (Haw. 2025)

Date: Sep 2, 2025
“Private Place” Need Not Be Defined in the Indictment; Courts May Consider Extrinsic Information to Assess Notice on Timely Challenges — State v. Kaakimaka (Haw. 2025) Introduction In State v....
Cross‑Study “Establishment” Claims in Scientific Advertising: Literal Falsity by Necessary Implication Absent Proven Comparability, and No Lanham Act Damages Without Proof of Actual Deception

Cross‑Study “Establishment” Claims in Scientific Advertising: Literal Falsity by Necessary Implication Absent Proven Comparability, and No Lanham Act Damages Without Proof of Actual Deception

Date: Sep 2, 2025
Cross‑Study “Establishment” Claims in Scientific Advertising: Literal Falsity by Necessary Implication Absent Proven Comparability, and No Lanham Act Damages Without Proof of Actual Deception Case:...
Fifth Circuit Tightens “Effective Denial” Doctrine: Concrete Urgency and Diligent, Date-Certain Requests Are Required to Invoke § 1292(a)(1) Jurisdiction

Fifth Circuit Tightens “Effective Denial” Doctrine: Concrete Urgency and Diligent, Date-Certain Requests Are Required to Invoke § 1292(a)(1) Jurisdiction

Date: Sep 2, 2025
Fifth Circuit Tightens “Effective Denial” Doctrine: Concrete Urgency and Diligent, Date-Certain Requests Are Required to Invoke § 1292(a)(1) Jurisdiction Introduction This commentary examines the...
PLRA’s 90-Day Clock Requires Mootness Dismissal and Munsingwear Vacatur of Expired Prison TROs: Fifth Circuit in Voice of the Experienced v. LeBlanc

PLRA’s 90-Day Clock Requires Mootness Dismissal and Munsingwear Vacatur of Expired Prison TROs: Fifth Circuit in Voice of the Experienced v. LeBlanc

Date: Sep 2, 2025
PLRA’s 90-Day Clock Requires Mootness Dismissal and Munsingwear Vacatur of Expired Prison TROs Commentary on Voice of the Experienced v. LeBlanc (5th Cir. Aug. 28, 2025) Introduction In Voice of the...
Non‑Delegable Oversight of IOLA Escrow Accounts: Public Censure for Rolling Shortage Despite Bank Error and No Venal Intent

Non‑Delegable Oversight of IOLA Escrow Accounts: Public Censure for Rolling Shortage Despite Bank Error and No Venal Intent

Date: Sep 2, 2025
Non‑Delegable Oversight of IOLA Escrow Accounts: Public Censure for Rolling Shortage Despite Bank Error and No Venal Intent Introduction In Matter of Bains (2025 NY Slip Op 04783), the Appellate...
No-Remittal After Partial Annulment of Duplicative Specification in Civil Service Law § 75 Discipline: Fabian v. Westchester County

No-Remittal After Partial Annulment of Duplicative Specification in Civil Service Law § 75 Discipline: Fabian v. Westchester County

Date: Sep 2, 2025
No-Remittal After Partial Annulment of Duplicative Specification in Civil Service Law § 75 Discipline Commentary on Matter of Fabian v. Westchester County (2025 NY Slip Op 04784, App Div 2d Dept,...
Presence of a Minor Passenger and Crash Elevates a First-Offense DWI to Suspension-Level Misconduct in Attorney Discipline

Presence of a Minor Passenger and Crash Elevates a First-Offense DWI to Suspension-Level Misconduct in Attorney Discipline

Date: Sep 2, 2025
Presence of a Minor Passenger and Crash Elevates a First-Offense DWI to Suspension-Level Misconduct in Attorney Discipline Introduction In Matter of Furber (2025 NY Slip Op 04786), the Appellate...
No-Content Defense Rejected for Digital Spoliation; Unauthorized Share Issuances Are a Nullity Absent Clear Shareholder Override — Commentary on Matter of Loreti v. 1466 E. Gun Hill Rd. Corp. (2025 NY Slip Op 04787)

No-Content Defense Rejected for Digital Spoliation; Unauthorized Share Issuances Are a Nullity Absent Clear Shareholder Override — Commentary on Matter of Loreti v. 1466 E. Gun Hill Rd. Corp. (2025 NY Slip Op 04787)

Date: Sep 2, 2025
No-Content Defense Rejected for Digital Spoliation; Unauthorized Share Issuances Are a Nullity Absent Clear Shareholder Override Comprehensive Commentary on Matter of Loreti v. 1466 E. Gun Hill Rd....
Loreti v. JJL Realty: Second Department affirms strict limits on authorized shares, sets aside unapproved self-dealing management agreement under BCL §713, and upholds broad spoliation preclusion for deleted QuickBooks files

Loreti v. JJL Realty: Second Department affirms strict limits on authorized shares, sets aside unapproved self-dealing management agreement under BCL §713, and upholds broad spoliation preclusion for deleted QuickBooks files

Date: Sep 2, 2025
Strict Charter Caps on Shares, No Ratification Without Disclosure, and Robust E‑Discovery Sanctions: The Second Department’s Guideposts in Matter of Loreti v. JJL Realty Corp. of N.Y. Court:...
Overissued Shares Are a Nullity Absent a Clear Shareholder Override; Unapproved Interested-Director Contracts Are Voidable Unless Proven Fair; Broad Preclusion Permitted for Destroyed ESI (Matter of Loreti v. Lorcress Enters., Inc.)

Overissued Shares Are a Nullity Absent a Clear Shareholder Override; Unapproved Interested-Director Contracts Are Voidable Unless Proven Fair; Broad Preclusion Permitted for Destroyed ESI (Matter of Loreti v. Lorcress Enters., Inc.)

Date: Sep 2, 2025
Overissued Shares Are a Nullity Absent a Clear Shareholder Override; Unapproved Interested-Director Contracts Are Voidable Unless Proven Fair; Broad Preclusion Permitted for Destroyed ESI...
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