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Translating Out‑of‑State Public Reprimands into New York Public Censure: The Appellate Division’s Deference in Reciprocal Discipline (Matter of Pantiliat, 2025)

Translating Out‑of‑State Public Reprimands into New York Public Censure: The Appellate Division’s Deference in Reciprocal Discipline (Matter of Pantiliat, 2025)

Date: Sep 2, 2025
Translating Out‑of‑State Public Reprimands into New York Public Censure: The Appellate Division’s Deference in Reciprocal Discipline Commentary on: Matter of Pantiliat, 2025 NY Slip Op 04791...
Necessary-Party Joinder in Article 78 Challenges to Village Fire Department Appointments: Appointee and Fire Department Council Must Be Joined Before Merits Are Reached

Necessary-Party Joinder in Article 78 Challenges to Village Fire Department Appointments: Appointee and Fire Department Council Must Be Joined Before Merits Are Reached

Date: Sep 2, 2025
Necessary-Party Joinder in Article 78 Challenges to Village Fire Department Appointments: Appointee and Fire Department Council Must Be Joined Before Merits Are Reached Case: Matter of Riverside Hose...
Mandatory ABP Recalculation for Post–Taxable Status Demolition in Special Assessing Units: National Grid Generation, LLC v. Nassau County

Mandatory ABP Recalculation for Post–Taxable Status Demolition in Special Assessing Units: National Grid Generation, LLC v. Nassau County

Date: Sep 2, 2025
Mandatory ABP Recalculation for Post–Taxable Status Demolition in Special Assessing Units: National Grid Generation, LLC v. Nassau County Introduction This appellate decision from the New York...
LinkedIn Is a “Public Forum” Under New York’s Anti‑SLAPP Law; “Supports Neo‑Nazi Causes” Is Actionable Mixed Opinion — Commentary on Stiloski v. Wingate (2025 NY Slip Op 04803)

LinkedIn Is a “Public Forum” Under New York’s Anti‑SLAPP Law; “Supports Neo‑Nazi Causes” Is Actionable Mixed Opinion — Commentary on Stiloski v. Wingate (2025 NY Slip Op 04803)

Date: Sep 2, 2025
LinkedIn Is a “Public Forum” Under New York’s Anti‑SLAPP Law; “Supports Neo‑Nazi Causes” Is Actionable Mixed Opinion — Commentary on Stiloski v. Wingate Introduction In Stiloski v. Wingate (2025 NY...
Ordinary Diligence Defeats Fraud-Based Attacks on Broad Employment Releases: Trepeta v. Mobiquity Technologies, Inc.

Ordinary Diligence Defeats Fraud-Based Attacks on Broad Employment Releases: Trepeta v. Mobiquity Technologies, Inc.

Date: Sep 2, 2025
Ordinary Diligence Defeats Fraud-Based Attacks on Broad Employment Releases: Trepeta v. Mobiquity Technologies, Inc. Introduction This commentary analyzes the Appellate Division, Second Department’s...
FAPA as a Change in Law: Voluntary Discontinuance Cannot De‑Accelerate a Mortgage; Renewal Granted and Foreclosure Claims Time‑Barred — Commentary on U.S. Bank N.A. v. Mongru (2025 NY Slip Op 04807)

FAPA as a Change in Law: Voluntary Discontinuance Cannot De‑Accelerate a Mortgage; Renewal Granted and Foreclosure Claims Time‑Barred — Commentary on U.S. Bank N.A. v. Mongru (2025 NY Slip Op 04807)

Date: Sep 2, 2025
FAPA as a Change in Law: Voluntary Discontinuance Cannot De‑Accelerate a Mortgage; Renewal Granted and Foreclosure Claims Time‑Barred — U.S. Bank N.A. v. Mongru (App Div 2d Dept, 2025) Introduction...
Future Pain-and-Suffering Damages Do Not Require a “Permanent Injury” Finding; Unsafe Backing Under VTL § 1211(a) Is Negligence Per Se — A Second Department Benchmark on Remittitur for Post-Spinal-Surgery Claims

Future Pain-and-Suffering Damages Do Not Require a “Permanent Injury” Finding; Unsafe Backing Under VTL § 1211(a) Is Negligence Per Se — A Second Department Benchmark on Remittitur for Post-Spinal-Surgery Claims

Date: Sep 2, 2025
Future Pain-and-Suffering Damages Do Not Require a “Permanent Injury” Finding; Unsafe Backing Under VTL § 1211(a) Is Negligence Per Se — A Second Department Benchmark on Remittitur for...
Nebraska adopts “credible threat” pre‑enforcement standing; organizations must plead representative authority to sue for members

Nebraska adopts “credible threat” pre‑enforcement standing; organizations must plead representative authority to sue for members

Date: Sep 1, 2025
Nebraska adopts the “credible threat” standard for pre‑enforcement standing; organizations must plead representative authority to sue for members Case: Nebraska Firearms Owners Assn. v. City of...
Due-Weight Rule in Post-Termination Placements: Nevada Supreme Court Reaffirms Courts Must Consider, Not Defer to, DFS Placement Preferences

Due-Weight Rule in Post-Termination Placements: Nevada Supreme Court Reaffirms Courts Must Consider, Not Defer to, DFS Placement Preferences

Date: Aug 31, 2025
Due-Weight Rule in Post-Termination Placements: Nevada Supreme Court Reaffirms Courts Must Consider, Not Defer to, DFS Placement Preferences Case: Destin v. District Court (Handwerker-LaMaster)...
Flat Fees Are Not Earned Upon Receipt in Nevada: Trust-Account Treatment and Termination Duties for Limited-Scope Engagements

Flat Fees Are Not Earned Upon Receipt in Nevada: Trust-Account Treatment and Termination Duties for Limited-Scope Engagements

Date: Aug 31, 2025
Flat Fees Are Not Earned Upon Receipt in Nevada: Trust-Account Treatment and Termination Duties for Limited-Scope Engagements Introduction In In re: Discipline of Hardeep Sull (141 Nev., Advance...
Trust Construction in Nevada Requires Personal Jurisdiction Over the Trustee: In rem authority under NRS 164.010 cannot bypass due process; appointing a registered agent (NRS 14.020) is not consent to suit

Trust Construction in Nevada Requires Personal Jurisdiction Over the Trustee: In rem authority under NRS 164.010 cannot bypass due process; appointing a registered agent (NRS 14.020) is not consent to suit

Date: Aug 31, 2025
Trust Construction in Nevada Requires Personal Jurisdiction Over the Trustee In rem authority under NRS 164.010 cannot bypass due process; appointing a registered agent (NRS 14.020) is not consent to...
Fixed-Fraction NPRIs Are Calculated on the Entire Described Tract—Even Where Part Lies Below the Missouri River’s OHWM: Commentary on Garaas v. Continental Resources, 2025 ND 146

Fixed-Fraction NPRIs Are Calculated on the Entire Described Tract—Even Where Part Lies Below the Missouri River’s OHWM: Commentary on Garaas v. Continental Resources, 2025 ND 146

Date: Aug 31, 2025
Fixed-Fraction NPRIs Are Calculated on the Entire Described Tract—Even Where Part Lies Below the Missouri River’s OHWM: Commentary on Garaas v. Continental Resources, 2025 ND 146 Introduction In...
Juliuson v. Johnson: Waiver Can Defeat Lease Renewal Options; Specific Performance Requires Proven Breach; Bad‑Faith Tort Remains Insurance‑Only

Juliuson v. Johnson: Waiver Can Defeat Lease Renewal Options; Specific Performance Requires Proven Breach; Bad‑Faith Tort Remains Insurance‑Only

Date: Aug 31, 2025
Juliuson v. Johnson: Waiver Can Defeat Lease Renewal Options; Specific Performance Requires Proven Breach; Bad‑Faith Tort Remains Insurance‑Only Introduction In Juliuson v. Johnson, 2025 ND 139, the...
Facial Physical‑Takings Claims Accrue Upon Implementation, Not Enactment: ND Supreme Court Clarifies Standing and Jurisdiction in CO2 Pore‑Space Amalgamation

Facial Physical‑Takings Claims Accrue Upon Implementation, Not Enactment: ND Supreme Court Clarifies Standing and Jurisdiction in CO2 Pore‑Space Amalgamation

Date: Aug 31, 2025
Facial Physical‑Takings Claims Accrue Upon Implementation, Not Enactment: North Dakota Supreme Court Clarifies Standing and Jurisdiction in CO2 Pore‑Space Amalgamation Introduction In Northwest...
Filed Pleadings Protected, Private Gossip Not: Nevada Supreme Court Reaffirms Litigation Privilege as a Complete Bar at Anti‑SLAPP Prong Two and Clarifies NRS 41.637’s “Interested Audience” Requirement

Filed Pleadings Protected, Private Gossip Not: Nevada Supreme Court Reaffirms Litigation Privilege as a Complete Bar at Anti‑SLAPP Prong Two and Clarifies NRS 41.637’s “Interested Audience” Requirement

Date: Aug 31, 2025
Filed Pleadings Protected, Private Gossip Not: Nevada Supreme Court Reaffirms Litigation Privilege as a Complete Bar at Anti‑SLAPP Prong Two and Clarifies NRS 41.637’s “Interested Audience”...
Substantial Issue Alone Is Insufficient: Delaware Supreme Court Reaffirms Strict Rule 42 Gatekeeping for Interlocutory Appeals in Complex Insurance Coverage Disputes

Substantial Issue Alone Is Insufficient: Delaware Supreme Court Reaffirms Strict Rule 42 Gatekeeping for Interlocutory Appeals in Complex Insurance Coverage Disputes

Date: Aug 31, 2025
Substantial Issue Alone Is Insufficient: Delaware Supreme Court Reaffirms Strict Rule 42 Gatekeeping for Interlocutory Appeals in Complex Insurance Coverage Disputes Introduction In Ace American...
County Plat Changes Cannot Strip CC&Rs: Idaho Supreme Court Clarifies Applicability, Road Construction, and Injunction Specificity in Jordan v. Powers

County Plat Changes Cannot Strip CC&Rs: Idaho Supreme Court Clarifies Applicability, Road Construction, and Injunction Specificity in Jordan v. Powers

Date: Aug 31, 2025
County Plat Amendments Cannot Remove Land from CC&Rs; Roads Are Not Categorically Barred but Require Design Committee Approval Case: Jordan v. Powers, Supreme Court of Idaho (Aug. 28, 2025)...
Monreal/Recinas Are Not Checklists: First Circuit’s Post-Wilkinson Framework for Reviewing Hardship and the Materiality Requirement for Omitted Factors

Monreal/Recinas Are Not Checklists: First Circuit’s Post-Wilkinson Framework for Reviewing Hardship and the Materiality Requirement for Omitted Factors

Date: Aug 31, 2025
Monreal/Recinas Are Not Checklists: First Circuit’s Post-Wilkinson Framework for Reviewing Hardship and the Materiality Requirement for Omitted Factors Introduction In Lopez Cano v. Bondi, the First...
Rule 16b-3(d) Board Approval Needs Facts, Not Formal Labels: Second Circuit Clarifies Knowledge Standard for Deputized Directors in Roth v. Armistice Capital

Rule 16b-3(d) Board Approval Needs Facts, Not Formal Labels: Second Circuit Clarifies Knowledge Standard for Deputized Directors in Roth v. Armistice Capital

Date: Aug 31, 2025
Rule 16b-3(d) Board Approval Needs Facts, Not Formal Labels: Second Circuit Clarifies Knowledge Standard for Deputized Directors in Roth v. Armistice Capital Introduction In Roth v. Armistice...
Second Circuit (en banc) Overrules Truscello: All Non‑Mandatory Supervised‑Release Conditions Must Be Pronounced at Sentencing

Second Circuit (en banc) Overrules Truscello: All Non‑Mandatory Supervised‑Release Conditions Must Be Pronounced at Sentencing

Date: Aug 31, 2025
Second Circuit (en banc) Overrules Truscello: All Non‑Mandatory Supervised‑Release Conditions Must Be Pronounced at Sentencing Introduction In United States v. Maiorana, the U.S. Court of Appeals for...
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