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Ohio Supreme Court mandates facility‑specific “rate for direct care costs” drives 60% allocation to nursing‑home quality pool under R.C. 5165.26(E)

Date: Sep 4, 2025

Facility‑Specific “Rate for Direct Care Costs,” Not Group “Price,” Controls the 60% Quality‑Pool Allocation: A Textualist Course Correction in Medicaid Nursing‑Home Payments Case Overview Decision:...

Swearing-In Does Not Moot Eligibility Challenges; Election-Law Injunctions Must Satisfy Montana’s Four-Factor Test

Date: Sep 4, 2025

Swearing-In Does Not Moot Eligibility Challenges; Election-Law Injunctions Must Satisfy Montana’s Four-Factor Test Case: Bartel v. Middlestead, 2025 MT 195 (Mont. Sept. 2, 2025) Court: Supreme Court...

“Taxes Relating to the Property” in Liquidation MOUs: No Implied Duty to Reserve for a Debtor’s Capital Gains; Extrinsic Evidence Controls Before Contra Proferentem

Date: Sep 4, 2025

“Taxes Relating to the Property” in Liquidation MOUs: No Implied Duty to Reserve for a Debtor’s Capital Gains; Extrinsic Evidence Controls Before Contra Proferentem Introduction Gabert v. Seaman,...

Johnson v. State Farm (Mont. 2025): Attorney Fees Are Part of “Made Whole,” But Only for Covered Losses; Coverage‑Segmented Subrogation Clarified

Date: Sep 4, 2025

Johnson v. State Farm (Mont. 2025): Attorney Fees Are Part of “Made Whole,” But Only for Covered Losses; Coverage‑Segmented Subrogation Clarified Introduction In Johnson v. State Farm Ins., 2025 MT...

Probable Cause Must Exist at the Moment of Seizure: Montana Supreme Court Clarifies the Line Between Extended Traffic Stops and Evidentiary Vehicle Seizures

Date: Sep 4, 2025

Probable Cause Must Exist at the Moment of Seizure: Montana Supreme Court Clarifies the Line Between Extended Traffic Stops and Evidentiary Vehicle Seizures Introduction In State v....

Plain and Cumulative Error Narrowly Applied; Isolated Doyle Reference Deemed Nonprejudicial; Mandatory Jail‑Time Credit Correction — Commentary on State v. Martinez (2025 MT 197N)

Date: Sep 4, 2025

Plain and Cumulative Error Narrowly Applied; Isolated Doyle Reference Deemed Nonprejudicial; Mandatory Jail‑Time Credit Correction — Commentary on State v. Martinez (2025 MT 197N) Introduction This...

Harmlessness of Replaying Testimonial Evidence Absent a “Particularized Need,” and Strict Prerequisites for Structural Error in Jury Selection — Commentary on State v. Purkhiser (Montana Supreme Court)

Date: Sep 4, 2025

Harmlessness of Replaying Testimonial Evidence Absent a “Particularized Need,” and Strict Prerequisites for Structural Error in Jury Selection — Commentary on State v. Purkhiser (Montana Supreme...

Connecticut Adopts a Balancing Test for Prearrest Delay Under the State Due Process Clauses: Commentary on State v. McFarland (2025)

Date: Sep 4, 2025

Connecticut Adopts a Balancing Test for Prearrest Delay Under the State Due Process Clauses: Commentary on State v. McFarland (2025) Introduction State v. McFarland is a landmark decision of the...

State v. McFarland: Connecticut Adopts a State Due Process Balancing Test for Pre‑Accusation Delay—Concurrence Urges Retaining Marion–Lovasco

Date: Sep 4, 2025

State v. McFarland: Connecticut Adopts a State Due Process Balancing Test for Pre‑Accusation Delay—Concurrence Urges Retaining Marion–Lovasco Introduction In State v. McFarland (Conn. Sept. 2, 2025),...

Balancing, Not Bad Faith: Connecticut Adopts a Barker-Style Test for Prearrest Delay Due Process Claims

Date: Sep 4, 2025

Balancing, Not Bad Faith: Connecticut Adopts a Barker-Style Test for Prearrest Delay Due Process Claims Introduction In State v. McFarland (Second Concurrence), Supreme Court of Connecticut (Sept. 2,...

Toward a Balancing Test for Prearrest Delay Under the Connecticut Constitution: Justice Alexander’s Concurrence in State v. McFarland

Date: Sep 4, 2025

Toward a Balancing Test for Prearrest Delay Under the Connecticut Constitution: Justice Alexander’s Concurrence in State v. McFarland Introduction In State v. McFarland (Supreme Court of Connecticut,...

Cotenants’ Standing To Defend Absent Cotenants Against Adverse Possession, and Laches as a Bar to Century‑Old Land Court Claims: The Hawaiʻi Supreme Court’s Decision in In re Application of Pioneer Mill Co., Limited (2025)

Date: Sep 4, 2025

“Equity Aids the Vigilant”: Cotenants May Defend Absent Cotenants Against Adverse Possession, and Laches Bars a Century-Old Land Court Claim Introduction In a published opinion with far-reaching...

Comparable-Sales Over Speculation: Eleventh Circuit Affirms 40% Penalty Where Tax Court’s Independent Valuation Makes Zoning and §6103 Disputes Irrelevant

Date: Sep 4, 2025

Comparable-Sales Over Speculation: Eleventh Circuit Affirms 40% Penalty Where Tax Court’s Independent Valuation Makes Zoning and §6103 Disputes Irrelevant Introduction In Buckelew Farm, LLC (f.k.a....

“Restoration Period” Includes Functional Replacement of Lost Data; Audit and Covenant‑Compliance Costs Qualify as Extra Expenses After Electronic Equipment Failure (2d Cir. Summary Order)

Date: Sep 4, 2025

“Restoration Period” Includes Functional Replacement of Lost Data; Audit and Covenant‑Compliance Costs Qualify as Extra Expenses After Electronic Equipment Failure (2d Cir. Summary Order) Case: Ariz....

No Placeholders on Form I-589: Second Circuit Upholds Abandonment for Lack of “Specific Substantive Answers,” Highlights Withholding/CAT Standards, and Flags Counsel Conduct

Date: Sep 4, 2025

No Placeholders on Form I-589: Second Circuit Upholds Abandonment for Lack of “Specific Substantive Answers,” Highlights Withholding/CAT Standards, and Flags Counsel Conduct Introduction In...

Second Circuit Holds That Nonpayment of Arbitral Fees Mid‑Arbitration Is Not a “Refusal to Arbitrate” Under FAA § 4

Date: Sep 4, 2025

Second Circuit Holds That Nonpayment of Arbitral Fees Mid‑Arbitration Is Not a “Refusal to Arbitrate” Under FAA § 4 Introduction In Frazier v. X Corp., No. 24-1948 (2d Cir. Sept. 2, 2025), the U.S....

Eleventh Circuit Reaffirms: Post-Handcuff Strikes Constitute Gratuitous Force; Qualified Immunity Denied

Date: Sep 4, 2025

Reaffirming the Limits of Force: No Qualified Immunity for Post-Handcuff Strikes on a Non-Resisting Suspect Case: Albert Lee St. Clair, Jr. v. DeAngelo M. Anthony, et al. (No. 24-11302) Court: U.S....

Reasoned Consideration and Evidentiary Sufficiency at the Reconsideration Stage: Preliminary Diagnoses and Generalized Violence Do Not Establish Prima Facie Relief

Date: Sep 4, 2025

Reasoned Consideration and Evidentiary Sufficiency at the Reconsideration Stage: Preliminary Diagnoses and Generalized Violence Do Not Establish Prima Facie Relief Introduction In Armando...

No Waiver Without Knowledge: Georgia’s Clear-and-Unmistakable Standard Governs Ownership Conditions in Temporary-Substitute Auto Coverage

Date: Sep 4, 2025

No Waiver Without Knowledge: Georgia’s Clear-and-Unmistakable Standard Governs Ownership Conditions in Temporary-Substitute Auto Coverage Introduction The Eleventh Circuit’s unpublished decision in...

No Prejudice, No Penalty; Months-Long Gaps Break Causation: Eleventh Circuit Clarifies COBRA Penalty Discretion and Title VII Retaliation in Thibodeaux v. City of Atlanta

Date: Sep 4, 2025

No Prejudice, No Penalty; Months-Long Gaps Break Causation: Eleventh Circuit Clarifies COBRA Penalty Discretion and Title VII Retaliation in Thibodeaux v. City of Atlanta Introduction This commentary...