NY Appellate Term Reverses $2.4 Million Verdict Against City of Mount Vernon After Trial Judge Substituted Unpleaded Procedural Due Process Claim In Place of Plaintiff’s Takings Claim

Writing Out Loud: The power of the spoken word to improve your legal prose

Court clerk staffers in New Orleans dig through landfill to find wrongly tossed court records

A federal appellate court has ruled that a New York cannabis licensing rule favoring in-state residents is unconstitutional, because it discriminates against applicants residing out-of-state. We have been tracking this case for the past couple of years — see our prior posts here and here. This decision by the Second Circuit Court of Appeals is the first to apply the Dormant Commerce Clause to adult use cannabis — and, in combination with an earlier decision involving Maine’s medical cannabis program, suggests a trend toward rejection of all protectionist state cannabis laws despite the federal illegality of marijuana sales and use. The decision was a long time coming: we speculated as far back as 2015 on this blog that the Dormant Commerce Clause could be used to upend residency requirements for state cannabis programs. Here, the Second Circuit decided that one of New York State’s cannabis dispensary application pools could be challenged under the U.S.…

The dormant Commerce Clause may be the least interesting strand of constitutional law. But every few years, a case arises in the Second Circuit that invokes that provision. This time, we are dealing with New York State's mechanism for issuing licenses to sell legal marijuana. The state's procedure is stricken under the dormant Commerce Clause.The case is Variscite NY Four v. New York State Cannabis Control Board, issued on August 12. When New York legalized marijuana, it adopted a method for issuing licenses to sell it. If you want a dispensary license, you stand a better chance if you or a close relative was convicted for a marijuana-related offense under New York law. The state argues this provision is merely restorative justice, not a constitutional violation nor economic protectionism, which would violate the Commerce Clause. The Second Circuit disagrees, granting the plaintiff organization a preliminary injunction against the state enforcing this provision.The…

At McKennon Law, we frequently see insurers improperly deny claims under accidental death and dismemberment (AD&D) policies, especially when toxicology results or policy exclusions are involved. Fortunately, ERISA provides policyholders with powerful appeal rights when these denials are unfounded. In a recent success story, our firm secured full payment of a $680,000 AD&D benefit from Metropolitan Life Insurance Company (MetLife) after an initial denial—without having to file a lawsuit. Background: Denial Based on Intoxication Exclusion Our client filed a claim for AD&D benefits after the tragic death of a loved one who was covered under a group policy issued by MetLife. The cause of death was complications of multiple drug toxicity involving prescribed medications, including amphetamine and benzodiazepines. However, MetLife denied the claim based on the policy’s intoxication exclusion, alleging that the presence of cocaine in the decedent’s system…

David Kluft with another find: “If a judge is given an advisory opinion telling him to recuse, can he pretend there was no opinion and stay on the case?” — “A NY judge running for reelection was assigned a case being litigated by a member of his campaign committee, whose firm was holding fundraisers for the judge.” “Opposing counsel asked that the judge recuse. The judge contacted the Advisory Committee on Judicial Ethics, and the Committee issued an opinion telling him he was disqualified.” “The judge concealed the opinion and stayed on the case through the election. After he was re-elected, he revealed the opinion to the parties and declined to recuse anyway.” “Opposing counsel appealed and, of course, the Appellate Division reversed and remanded the case to a new judge. Public censure from the Commission on Judicial Conduct.” Ruling: here. Actually, it’s a Double Kluft day, as he’s spotting all the…

Going through a child custody case is one of life’s most challenging experiences. As you navigate this difficult time, questions about child support obligations naturally arise. One of the most common concerns parents face is: “How long will I need to pay child support?” If you’re facing divorce proceedings in Dallas, Texas, understanding the duration of child support obligations is crucial for planning your financial future and ensuring your children’s needs are met. Child support law in Texas has specific guidelines that determine when these obligations begin, continue, and ultimately end. While the general rule seems straightforward, various factors can extend or modify support duration. As an experienced Dallas divorce attorney with over 25 years of practice, I’ve helped countless families understand these complex regulations and plan accordingly. Understanding Texas Child Support Duration: The Basic Framework In Texas, child support…

Nicholas Handler, Texas A&M University School of Law, has posted The Administrative Law of McCarthyism, which is forthcoming in the Stanford Law Review:Senator Joseph McCarthy (wiki)This Article recovers the largely overlooked legal and administrative history of the federal loyalty-security program, and argues that it played a formative role in the development of modern civil service protections and administrative law. During the McCarthy era, the United States Civil Service Commission (CSC), under pressure from Congress, implemented a sweeping loyalty program aimed at rooting out purportedly disloyal federal employees. Though often remembered as a moment of political overreach and civil liberties violations, this Article shows that the loyalty program simultaneously catalyzed a surprising expansion in procedural rights for government workers—both through internal reforms initiated by the CSC and through judicial decisions that extended emerging administrative law…

* Diligent journalism students devote a lot of words to “some law students are losers and join FedSoc to feel good about themselves and get jobs their grades could never justify.” [Harvard Crimson] * Swapping courses? [ABA Journal] * Milbank carries the love across the pond. [LegalCheek] * In what shouldn’t be controversial news, bad judges continue to be very bad at law. [Bloomberg Law News] * How are we still talking about this guy? [NPR] * $40B here, $40B there, pretty soon you’re talking about real money. [Law360] * ILTACON update from Legal Tech News’s newest. [LegalTech News] The post Morning Docket: 08.14.25 appeared first on Above the Law.

As the international security environment grows more volatile and major militaries shift focus from counterinsurgency and counterterrorism to large-scale combat, critical lessons on reducing and addressing civilian harm from their own operations risk being shelved at the very moment they are needed most. That is a dangerous miscalculation. As evidenced across Ukraine, Gaza, Yemen, and Sudan, high-intensity conflicts relying on explosive weapons increase both the likelihood and scale of civilian harm, particularly when they take place in populated areas, as they are likely to do in a large-scale modern war. The impetus in the face of such conflict should be for stronger, rather than weaker, civilian protection systems. It is a hard-earned lesson of the last two decades that effective mitigation – and a proactive response, when things go wrong – is not just a legal and moral obligation, but also essential to mission success. In conflicts such as Afghanistan and Iraq,…

What Are Your Rights as a Motorcycle Accident Victim in Nova Scotia? Although motorcycling provides great recreation and affordable transportation, a motorcycle accident can seriously injure you. If another party injures you while you’re motorcycling, discuss your case with a Halifax motorcycle accident lawyer as soon as possible. Motorcycle riders who survive collisions may suffer lacerations, multiple bone fractures, traumatic brain and spinal cord injuries, and/or paralysis. Many motorcycle accident injuries can be permanently disabling, requiring lifelong treatment and numerous surgeries. If a negligent automobile or truck driver injures you while you’re riding a motorcycle, the law in Nova Scotia entitles you to pursue financial compensation for your suffering and pain, uninsured medical costs, lost earnings, and related damages. What Deadlines Apply After a Motorcycle Accident? However, to recover your compensation, you’ll need to act…

Signup to receive the Early Edition in your inbox here. A curated weekday guide to major news and developments over the past 24 hours. Here’s today’s news: RUSSIA-UKRAINE WAR — U.S. AND INTERNATIONAL RESPONSE After speaking with European leaders yesterday, President Trump said Russian President Vladimir Putin must agree to a ceasefire at tomorrow’s summit or face “very severe consequences.” European leaders say they have agreed on a strategy with Trump for the meeting, including an insistence that any peace proposal must begin with a ceasefire and keeping Kyiv “at the table” for follow-up meetings on the war. Trump also told his European counterparts that he would not negotiate territorial issues during the summit, German Chancellor Friedrich Merz said, adding that Trump believes Ukraine must discuss that directly with Russia. Trump told reporters that if tomorrow’s meeting goes well, a follow-up trilateral meeting…

In the case of Lines v. Timothy Britton Const. Servs., Inc., No. 948 W.D.A. 2024 (Pa. Super. July 1, 2025 Bowes, J., Olson, J., and Bender, P.J.E.) (Op. by Bowes, J.), the Pennsylvania Superior Court addressed the proper procedure relative to a Petition to Strike and/or Open a Default Judgment. In the end, the court reversed a trial court’s Order dismissing a Defendant’s Petition to Strike and/or Open a Default Judgment.This matter arose out of a lawsuit brought by a homeowner against the Defendant for breach of contract and violation of consumer protection law claims. According to the Opinion, the Plaintiff’s Complaint did not contain a required Notice to Defend. When the Defendant made no response, the Plaintiffs ultimately obtained a default judgment. The Defendant then petitioned to strike and/or open the judgment based upon the deficiencies with the Plaintiff’s Complaint. With the parties’ consent, the trial court struck the initial default…

We hope you will join us in September for the next offering of our Orientation to Legal Research webinars, focusing on U.S. federal statutes, followed by the next entry into the Lunch and Learn webinar series focusing on using secondary resources to conduct legal research. The September webinars will finish with another entry in the Orientation to Law Library Collections webinar. It will cover digital resources available through the Law Library’s website as well as those available on-site. Within this webinar, there will be a guest presentation as part of the 50 State Outreach Project by staff from the Texas State Law Library. Amy Small, executive director, will present from the Texas State Law Library during the webinar. Amy notes that [o]riginally established in 1854 as the library for the Texas Supreme Court, the Texas State Law Library split off as an independent judicial agency in 1972. Since then, our focus has been to serve the people of Texas as well as the high…

Anyone who suspects that a child is being abused or neglected can make a report to the Department of Social Services or Child Protective Services in North Carolina. This system is intended to protect children and ensure they have safe caregivers and homes. If a report is determined to be unfounded, it means that an investigation found no evidence of the reported neglect or abuse. Use of the System as a Weapon While most people who report abuse do so out of legitimate concern, the system is sometimes used by one parent as a tactic to hurt the other parent. This can also have harmful consequences for the children involved, as undergoing physical examinations to check for abuse can cause psychological harm. In the matter of K.E.P., a child in Sampson County, North Carolina, an appellate court removed the child from her mother’s home after multiple unfounded allegations were made by her mother against her father. In re: K.E.P. The child was born in 2018, and within months of…

This morning, we kick off the final day of ILTACON 2025 at 9 a.m. in Potomac A/B with a Keynote Recap of this year’s G100/G200 programming. Join Steve Assie, Michael Bruckner, Karen Campbell, James McKenna, and Andrew Powell as they offer overviews, key discussion points, and poignant takeaways.  Follow the links below for more on some of the sponsors you’ll be meeting: • Aiden• Litera• Opus 2• Traveling Coaches Thursday’s first round of educational sessions starts at 11 a.m. and includes learning opportunities like The Yin and Yang of Cybersecurity in Ediscovery, Transform Your Organization with the Microsoft Power Platform: Real World Success Stories, Change Management and Training: The PB and J of Adoption, Legal Collaboration with Microsoft Loop Ahoy, SaaS Security: Beyond Prevention, Realizing Value With Your Data Science Team: Notebook to Production, Integrating AI with Customer Service: Preserving…

Texas spouses may agree in writing to partition or exchange some or all of their community property between themselves such that the property becomes the separate property of one spouse.  A former wife recently challenged her divorce decree, arguing the trial court erred in awarding a reimbursement claim against her, reducing the spousal maintenance below the amount stated in the parties’ agreement, and including contingencies on the spousal maintenance that were not in the agreement. According to the appeals court’s opinion, the parties married in 2006. They signed a Marital Property Partition and Exchange Agreement in 2020 that made two pieces of property the wife’s sole and separate property.  She agreed to be responsible for the debt associated with them.  The husband, however, made some of those payments from his community property income until the date of divorce. The couple stopped living together in 2022 and the husband petitioned for…

Author’s Note: After I wrote this column, but a couple of days before it was published, Open AI upgraded its GPT Chatbot from version 4 to version 5. Among the negative reactions to the change was a sense that ChatGPT-5’s artificial personality had becomes more distant and less complimentary. As you’ll see below, I don’t think that’s a problem. But there are early indications that Open AI might tweak the model again to reintroduce the earlier version’s “warmth,” which would make my warnings below more relevant again. Something that many people have expressed concern about, when it comes to using AI, is intellectual atrophy. As described by Ethan Mollick in a recent article, the fear is that AI over-reliance will cost us our ability to think critically and creatively, just as smartphone over-reliance has cost us our ability to remember phone numbers. This is particularly worrisome for lawyers, because if we lose our intellectual…