affirmation-of-district-court Case Commentaries

Reliability Without Revealing the Algorithm: Vermont Affirms V.R.E. 702 Admission of Proprietary Practice-Valuation Methods and Discounts Professional Goodwill Absent a Noncompete

Date: Sep 6, 2025

Reliability Without Revealing the Algorithm: Vermont Affirms V.R.E. 702 Admission of Proprietary Practice-Valuation Methods and Discounts Professional Goodwill Absent a Noncompete Introduction In...

No-Modification Means No-Modification: Idaho Supreme Court Clarifies Grandfathered Lake Encroachments, Procedures, and Abatement Enforcement

Date: Sep 6, 2025

No-Modification Means No-Modification: Temporary Post‑1974 Changes Defeat Grandfathered Lake Encroachment Permits; § 58‑1306 Procedures Inapplicable; Administrative Abatement Requires Judicial...

Clarifying § 1103(a)(9) and Rule 26.1(c) in Delaware TPR Appeals: Medical Examiner Evidence Can Establish “Unexplained Death or Serious Injury,” and Documentation Gaps Sustain “Failure to Plan”

Date: Sep 6, 2025

Clarifying § 1103(a)(9) and Rule 26.1(c) in Delaware TPR Appeals: Medical Examiner Evidence Can Establish “Unexplained Death or Serious Injury,” and Documentation Gaps Sustain “Failure to Plan”...

Deviation Over Threshold: Vermont Affirms Zero‑Support/Private‑School‑Tuition Arrangement and Time‑Bars Post‑Judgment Child Tax Credit Reallocation

Date: Sep 6, 2025

Deviation Over Threshold: Vermont Affirms Zero‑Support/Private‑School‑Tuition Arrangement and Time‑Bars Post‑Judgment Child Tax Credit Reallocation Case: Catherine Hutchings v. Justin Bramhall...

Vermont Reaffirms the Narrow Scope of Sentence Reconsideration: No Hearing or COVID-Specific Findings Required

Date: Sep 6, 2025

Vermont Reaffirms the Narrow Scope of Sentence Reconsideration: No Hearing or COVID-Specific Findings Required Introduction In State v. Walter Taylor, III (Vt. Sept. 5, 2025), a three-justice panel...

State v. Prue: Vermont Supreme Court Reaffirms That a Guilty Plea Requires a Personal, Theory‑Specific Factual Basis Under Rule 11(f), Reviewed Under Bridger on Direct Appeal

Date: Sep 6, 2025

State v. Prue: Vermont Supreme Court Reaffirms That a Guilty Plea Requires a Personal, Theory‑Specific Factual Basis Under Rule 11(f), Reviewed Under Bridger on Direct Appeal Court: Vermont Supreme...

CHINS-B Reversal Does Not Preclude DCF Physical-Abuse Substantiation: Distinct Causes and Issues Clarified by the Vermont Supreme Court

Date: Sep 6, 2025

CHINS-B Reversal Does Not Preclude DCF Physical-Abuse Substantiation: Distinct Causes and Issues Clarified by the Vermont Supreme Court Note on precedential weight: This was an entry order by a...

Adequate Findings Over Form: Vermont Supreme Court Affirms Termination Without a Standalone “Stagnation” Section and Confirms Waiver of Child-Testimony Claim

Date: Sep 6, 2025

Adequate Findings Over Form: Vermont Supreme Court Affirms Termination Without a Standalone “Stagnation” Section and Confirms Waiver of Child-Testimony Claim Introduction This commentary examines the...

Qualified Immunity Shields Police in Landlord–Tenant Disputes When Abandonment Under 9 V.S.A. § 4462 Is Not Clearly Established

Date: Sep 6, 2025

Qualified Immunity Shields Police in Landlord–Tenant Disputes When Abandonment Under 9 V.S.A. § 4462 Is Not Clearly Established Court: Supreme Court of Vermont (Three-Justice Panel Entry Order) Case:...

Maher v. Maher: Vermont Supreme Court Affirms Trial-Court Discretion to Confine Long‑Weekend Parenting Time to the Child’s Residence and to Prioritize Primary‑Caregiver and Community‑Continuity Factors Under 15 V.S.A. § 665

Date: Sep 6, 2025

Maher v. Maher: Vermont Supreme Court Affirms Trial-Court Discretion to Confine Long‑Weekend Parenting Time to the Child’s Residence and to Prioritize Primary‑Caregiver and Community‑Continuity...

No Immunity Without Compliance: Vermont Affirms Tow-Company Duty of Care and Sufficiency of Owner Testimony for Missing Vehicle Contents

Date: Sep 6, 2025

No Immunity Without Compliance: Vermont Affirms Tow-Company Duty of Care and Sufficiency of Owner Testimony for Missing Vehicle Contents Grey Barreda v. Handy's Service Center, Vermont Supreme Court,...

Easements Run With the Dominant Estate They Are Granted To: No Expansion to After-Acquired Parcels Absent Express Grant or Necessity

Date: Sep 6, 2025

Easements Run With the Dominant Estate They Are Granted To: No Expansion to After-Acquired Parcels Absent Express Grant or Necessity Introduction This commentary examines the Vermont Supreme Court’s...

Limiting Anderson’s First‑Filed Rule: District Courts Need Not Defer to the Industrial Commission on Idaho Code § 72‑209(3) “Willful or Unprovoked Physical Aggression” — Dominguez Partially Overruled

Date: Sep 5, 2025

Limiting Anderson’s First‑Filed Rule: District Courts Need Not Defer to the Industrial Commission on Idaho Code § 72‑209(3) “Willful or Unprovoked Physical Aggression” — Dominguez Partially Overruled...

Row v. State: Shinn Is Not a Trigger for Successive State Post‑Conviction Relief and Rule 44.2 Does Not Create a Right to Effective Post‑Conviction Counsel

Date: Sep 5, 2025

Row v. State: Shinn Is Not a Trigger for Successive State Post‑Conviction Relief and Rule 44.2 Does Not Create a Right to Effective Post‑Conviction Counsel Introduction In Row v. State, the Idaho...

Admissibility and Diligence as Gatekeepers in Successive Rule 3.851 Motions: Florida Supreme Court Rejects Third-Party Confession Declarations and “New Support for Old Claims”

Date: Sep 5, 2025

Admissibility and Diligence as Gatekeepers in Successive Rule 3.851 Motions: Florida Supreme Court Rejects Third-Party Confession Declarations and “New Support for Old Claims” Introduction In Ernest...

Fraud Scienter Clarified and Disclosure Act Accrual Fixed at Closing: The Idaho Supreme Court’s Dual Holdings in VanRenselaar v. Batres

Date: Sep 5, 2025

Fraud Scienter Clarified and Disclosure Act Accrual Fixed at Closing: The Idaho Supreme Court’s Dual Holdings in VanRenselaar v. Batres Introduction In VanRenselaar v. Batres, the Idaho Supreme Court...

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...

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