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clarifying-state-action-doctrine:-acgme&amp Case Commentaries

No Shortcuts to Sovereign Immunity: Nebraska Supreme Court Requires a Developed Record Before Applying PSTCA Due Care or Discretionary Function Immunity at the Pleadings Stage

No Shortcuts to Sovereign Immunity: Nebraska Supreme Court Requires a Developed Record Before Applying PSTCA Due Care or Discretionary Function Immunity at the Pleadings Stage

Date: Sep 9, 2025
No Shortcuts to Sovereign Immunity: Nebraska Supreme Court Requires a Developed Record Before Applying PSTCA Due Care or Discretionary Function Immunity at the Pleadings Stage Introduction In Larsen...
Permanent Waiver of Statutory Speedy-Trial Rights After an Unsuccessful Discharge Motion and Interlocutory Appeal: Commentary on State v. Parks, 319 Neb. 773 (Neb. 2025)

Permanent Waiver of Statutory Speedy-Trial Rights After an Unsuccessful Discharge Motion and Interlocutory Appeal: Commentary on State v. Parks, 319 Neb. 773 (Neb. 2025)

Date: Sep 9, 2025
Permanent Waiver of Statutory Speedy-Trial Rights After an Unsuccessful Discharge Motion and Interlocutory Appeal: State v. Parks (319 Neb. 773) Introduction In State v. Parks, 319 Neb. 773 (Neb....
Post‑Offer Interest Applies to Punitive Damages; “Genuine Dispute” Folded into Nevada Bad‑Faith Standard and May Defeat Refusal‑to‑Defend Claims; Unfair Insurance Practices Liability Limited to Insurers — Commentary on Olson v. Mid‑Century Ins. Co. (Nev. 2025)

Post‑Offer Interest Applies to Punitive Damages; “Genuine Dispute” Folded into Nevada Bad‑Faith Standard and May Defeat Refusal‑to‑Defend Claims; Unfair Insurance Practices Liability Limited to Insurers — Commentary on Olson v. Mid‑Century Ins. Co. (Nev. 2025)

Date: Sep 9, 2025
Post‑Offer Interest Applies to Punitive Damages; “Genuine Dispute” Folded into Nevada Bad‑Faith Standard and May Defeat Refusal‑to‑Defend Claims; Unfair Insurance Practices Liability Limited to...
Mandatory Forfeiture of Unlicensed Food-Vending Vehicles Triggers Excessive Fines Scrutiny: City of New York v. Jones (2025)

Mandatory Forfeiture of Unlicensed Food-Vending Vehicles Triggers Excessive Fines Scrutiny: City of New York v. Jones (2025)

Date: Sep 9, 2025
Mandatory Forfeiture of Unlicensed Food-Vending Vehicles Triggers Excessive Fines Scrutiny: City of New York v. Jones (2025) Introduction City of New York v. Jones (2025 NY Slip Op 04842) is a...
Defective Dolly + Heavy Load = Scaffold Law Liability: Hernandez v. Port Authority (1st Dept 2025) solidifies §240(1) for low-height, high-weight tip-overs and clarifies “arising out of” indemnity and borrowed-equipment exposure

Defective Dolly + Heavy Load = Scaffold Law Liability: Hernandez v. Port Authority (1st Dept 2025) solidifies §240(1) for low-height, high-weight tip-overs and clarifies “arising out of” indemnity and borrowed-equipment exposure

Date: Sep 9, 2025
Defective Dolly + Heavy Load = Scaffold Law Liability Hernandez v. Port Authority of N.Y. & N.J. (2025 NY Slip Op 04843) Introduction In Hernandez v. Port Authority of N.Y. & N.J., the Appellate...
Usury as Malpractice: Drafting Facially Usurious Forbearance Terms Is Negligence; Estoppel Does Not Cure, but Mitigation Fees Are Recoverable

Usury as Malpractice: Drafting Facially Usurious Forbearance Terms Is Negligence; Estoppel Does Not Cure, but Mitigation Fees Are Recoverable

Date: Sep 9, 2025
Usury as Malpractice: Drafting Facially Usurious Forbearance Terms Is Negligence; Estoppel Does Not Cure, but Mitigation Fees Are Recoverable Case: Salamone v. Deily & Glastetter, LLP, 2025 NY Slip...
“Spam Folder” Is Not a Defense: Email Notice, EUO Admissions, and Noncompliance as Independent Bases for Interim Suspension under 22 NYCRR § 1240.9 — Matter of Wells (2025)

“Spam Folder” Is Not a Defense: Email Notice, EUO Admissions, and Noncompliance as Independent Bases for Interim Suspension under 22 NYCRR § 1240.9 — Matter of Wells (2025)

Date: Sep 9, 2025
“Spam Folder” Is Not a Defense: Email Notice, EUO Admissions, and Noncompliance as Independent Bases for Interim Suspension under 22 NYCRR § 1240.9 — Matter of Wells (2025) Introduction In Matter of...
“Applying Means Applying”: Washington Supreme Court Holds No “Bona Fide” Intent Required to Be a “Job Applicant” Under the EPOA’s Pay-Transparency Remedies

“Applying Means Applying”: Washington Supreme Court Holds No “Bona Fide” Intent Required to Be a “Job Applicant” Under the EPOA’s Pay-Transparency Remedies

Date: Sep 9, 2025
“Applying Means Applying”: Washington Supreme Court Holds No “Bona Fide” Intent Required to Be a “Job Applicant” Under the EPOA’s Pay-Transparency Remedies Introduction In Branson v. Washington Fine...
Morris v. State (Wyo. 2025): Polygraph Results Offered to Bolster Credibility Fail Rule 702 and Cannot Establish Strickland Prejudice

Morris v. State (Wyo. 2025): Polygraph Results Offered to Bolster Credibility Fail Rule 702 and Cannot Establish Strickland Prejudice

Date: Sep 9, 2025
Polygraph Results Offered to Bolster Credibility Fail Rule 702 and Cannot Establish Strickland Prejudice Commentary on Randall Bruce Morris v. The State of Wyoming (2025 WY 98) Introduction In 2025...
The Jury Is the Lie Detector: Wyoming Supreme Court Rejects Polygraph-Based Ineffective Assistance Claim Under Rule 702 and Daubert

The Jury Is the Lie Detector: Wyoming Supreme Court Rejects Polygraph-Based Ineffective Assistance Claim Under Rule 702 and Daubert

Date: Sep 9, 2025
The Jury Is the Lie Detector: Wyoming Supreme Court Rejects Polygraph-Based Ineffective Assistance Claim Under Rule 702 and Daubert Introduction In Randall Bruce Morris v. The State of Wyoming (2025...
Finality of Partial Acquittals and Limits on Mistrials After Jury Polling: The South Carolina Supreme Court’s Double-Jeopardy Blueprint in State v. Erb (2025)

Finality of Partial Acquittals and Limits on Mistrials After Jury Polling: The South Carolina Supreme Court’s Double-Jeopardy Blueprint in State v. Erb (2025)

Date: Sep 9, 2025
Finality of Partial Acquittals and Limits on Mistrials After Jury Polling: The South Carolina Supreme Court’s Double-Jeopardy Blueprint in State v. Erb (2025) Introduction In State v. John Joseph...
Mere Noncompliance with a Custody Order Is Not a Material Change Absent Demonstrable Impact on the Child’s Welfare: Cornell v. Mecartney (2025 WY 97)

Mere Noncompliance with a Custody Order Is Not a Material Change Absent Demonstrable Impact on the Child’s Welfare: Cornell v. Mecartney (2025 WY 97)

Date: Sep 9, 2025
Mere Noncompliance with a Custody Order Is Not a Material Change Absent Demonstrable Impact on the Child’s Welfare: Cornell v. Mecartney (2025 WY 97) Introduction In Kelly Cornell f/k/a Kelly Cornell...
Ancillary Evidence Does Not Reset the Rule 3.851 Clock: Florida Supreme Court Clarifies “Predicate Facts,” Due Diligence, and Third‑Party Confession Standards in Suggs v. State

Ancillary Evidence Does Not Reset the Rule 3.851 Clock: Florida Supreme Court Clarifies “Predicate Facts,” Due Diligence, and Third‑Party Confession Standards in Suggs v. State

Date: Sep 9, 2025
Ancillary Evidence Does Not Reset the Rule 3.851 Clock: Florida Supreme Court Clarifies “Predicate Facts,” Due Diligence, and Third‑Party Confession Standards in Suggs v. State Introduction This...
No Presumption from Criminal Stand‑Your‑Ground Immunity: Alabama Supreme Court Reaffirms Rule 56 Burdens in Subsequent Civil Cases

No Presumption from Criminal Stand‑Your‑Ground Immunity: Alabama Supreme Court Reaffirms Rule 56 Burdens in Subsequent Civil Cases

Date: Sep 9, 2025
No Presumption from Criminal Stand‑Your‑Ground Immunity: Alabama Supreme Court Reaffirms Rule 56 Burdens in Subsequent Civil Cases Introduction In Arethea Hurbert, an incompetent person, by and...
Forecasting Complications Is Expert Testimony: Mississippi Supreme Court Clarifies the Lay–Expert Boundary for Treating Physicians

Forecasting Complications Is Expert Testimony: Mississippi Supreme Court Clarifies the Lay–Expert Boundary for Treating Physicians

Date: Sep 9, 2025
Forecasting Complications Is Expert Testimony: Mississippi Supreme Court Clarifies the Lay–Expert Boundary for Treating Physicians Introduction In Sapireya (a/k/a Saperiya) Smith v. State of...
Clarifying the MPLA’s Reach: Mississippi Supreme Court Limits Products Liability Act to Defective-Product Claims and Preserves Contract and Commercial Implied-Warranty Actions

Clarifying the MPLA’s Reach: Mississippi Supreme Court Limits Products Liability Act to Defective-Product Claims and Preserves Contract and Commercial Implied-Warranty Actions

Date: Sep 9, 2025
Clarifying the MPLA’s Reach: Mississippi Supreme Court Limits Products Liability Act to Defective-Product Claims and Preserves Contract and Commercial Implied-Warranty Actions Introduction In...
UTPA Administrative Subpoenas in Alaska: Probable Cause Not Required; Anonymous Tip With Corroboration Suffices To Support Attorney General’s Subpoena

UTPA Administrative Subpoenas in Alaska: Probable Cause Not Required; Anonymous Tip With Corroboration Suffices To Support Attorney General’s Subpoena

Date: Sep 8, 2025
UTPA Administrative Subpoenas in Alaska: Probable Cause Not Required; Anonymous Tip With Corroboration Suffices To Support Attorney General’s Subpoena Case: Business Doe, LLC v. State of Alaska, No....
Connecticut High Court Clarifies Broker’s Post‑Placement Duties: No Duty to Relay Nonrenewal Absent Undertaking; Longstanding Relationship Alone Is Insufficient

Connecticut High Court Clarifies Broker’s Post‑Placement Duties: No Duty to Relay Nonrenewal Absent Undertaking; Longstanding Relationship Alone Is Insufficient

Date: Sep 8, 2025
Connecticut High Court Clarifies Broker’s Post‑Placement Duties: No Duty to Relay Nonrenewal Absent Undertaking; Longstanding Relationship Alone Is Insufficient Introduction In Deer v. National...
Connecticut Supreme Court Clarifies: No Post‑Procurement Common‑Law Duty for Insurance Agents To Warn of Impending Cancellation/Nonrenewal; Dissent Proposes a Continuing Duty To Inform

Connecticut Supreme Court Clarifies: No Post‑Procurement Common‑Law Duty for Insurance Agents To Warn of Impending Cancellation/Nonrenewal; Dissent Proposes a Continuing Duty To Inform

Date: Sep 8, 2025
Connecticut Supreme Court Clarifies: No Post‑Procurement Common‑Law Duty for Insurance Agents To Warn of Impending Cancellation/Nonrenewal; Dissent Proposes a Continuing Duty To Inform Note: This...
Hawai‘i Supreme Court Clarifies Condo Resale Disclosures: Managing Agents Must Provide Online Downloads at No Cost and Must Produce Resale-Specific Documents

Hawai‘i Supreme Court Clarifies Condo Resale Disclosures: Managing Agents Must Provide Online Downloads at No Cost and Must Produce Resale-Specific Documents

Date: Sep 8, 2025
Hawai‘i Supreme Court Clarifies Condo Resale Disclosures: Managing Agents Must Provide Online Downloads at No Cost and Must Produce Resale-Specific Documents Introduction In Caven, Jr. v. Certified...
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