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clarifying-the-& Case Commentaries

Dram Shop Immunity Extends to Non-Serving Entities and Limits Restatement §324A Liability

Dram Shop Immunity Extends to Non-Serving Entities and Limits Restatement §324A Liability

Date: Jun 10, 2025
Dram Shop Immunity Extends to Non-Serving Entities and Limits Restatement §324A Liability Introduction Barnes v. Hooper and Harrington Raceway, Inc. d/b/a Harrington Raceway & Casino is a landmark...
No Duty of West Virginia DHS to Fund Services for Children under Private Guardianship Absent Statutory Authority

No Duty of West Virginia DHS to Fund Services for Children under Private Guardianship Absent Statutory Authority

Date: Jun 10, 2025
No Duty of West Virginia DHS to Fund Services for Children under Private Guardianship Absent Statutory Authority Introduction State ex rel. West Virginia Department of Human Services v. The Honorable...
Clarification of Rule 52(c) Judgment as a Matter of Law and Attorneys’ Fees Under § 9-1-45

Clarification of Rule 52(c) Judgment as a Matter of Law and Attorneys’ Fees Under § 9-1-45

Date: Jun 10, 2025
Clarification of Rule 52(c) Judgment as a Matter of Law and Attorneys’ Fees Under § 9-1-45 Introduction Cashman Equipment Corporation, Inc. v. Cardi Corporation, Inc. (2025) is a landmark Rhode...
New Rule: Construction Liens Limited to Debts Directly Benefiting the Encumbered Property

New Rule: Construction Liens Limited to Debts Directly Benefiting the Encumbered Property

Date: Jun 10, 2025
New Rule: Construction Liens Limited to Debts Directly Benefiting the Encumbered Property Introduction The Indiana Supreme Court’s decision in EdgeRock Development, LLC, et al. v. C.H. Garmong & Son...
Clarifying Maintenance Expenditures under §25-13-802: Exclusion of Personal Property Cleanup Costs in Redemption Actions

Clarifying Maintenance Expenditures under §25-13-802: Exclusion of Personal Property Cleanup Costs in Redemption Actions

Date: Jun 10, 2025
Clarifying Maintenance Expenditures under §25-13-802: Exclusion of Personal Property Cleanup Costs in Redemption Actions Introduction This memorandum opinion arises from a long-running feud over a...
Compelling Administrative Action: Mandamus to Enforce Board’s Duty to Review Petroleum Tank Cleanup Claims

Compelling Administrative Action: Mandamus to Enforce Board’s Duty to Review Petroleum Tank Cleanup Claims

Date: Jun 10, 2025
Compelling Administrative Action: Mandamus to Enforce Board’s Duty to Review Petroleum Tank Cleanup Claims Introduction Cascade County v. Montana Petroleum Tank Release Compensation Board (2025 MT...
Estate of Neal v. 8th Jud Dist Ct: Limiting Probate Notice to “Good Cause” under § 72-1-301(2), MCA

Estate of Neal v. 8th Jud Dist Ct: Limiting Probate Notice to “Good Cause” under § 72-1-301(2), MCA

Date: Jun 10, 2025
Estate of Neal v. Eighth Judicial District Court: Limiting Probate Notice to “Good Cause” under § 72-1-301(2), MCA Introduction In Estate of Neal v. Eighth Judicial District Court, 2025 MT __, the...
Defining Supervisory Control: Limits and Criteria in Montana Appellate Procedure

Defining Supervisory Control: Limits and Criteria in Montana Appellate Procedure

Date: Jun 10, 2025
Defining Supervisory Control: Limits and Criteria in Montana Appellate Procedure Introduction This commentary examines the Supreme Court of Montana’s Order in Jing v. 13th Judicial District Court, OP...
Independent Termination of Parental Rights Under MCA §41-3-609

Independent Termination of Parental Rights Under MCA §41-3-609

Date: Jun 10, 2025
Independent Termination of Parental Rights Under MCA §41-3-609 Introduction This commentary examines the Supreme Court of Montana’s decision in Matter of B.J.B., YINC (2025 MT 116), which clarifies...
Affirmation of Active Efforts and Good Cause Deviation Under the Indian Child Welfare Act in Matter of P.E.W.

Affirmation of Active Efforts and Good Cause Deviation Under the Indian Child Welfare Act in Matter of P.E.W.

Date: Jun 10, 2025
Affirmation of Active Efforts and Good Cause Deviation Under the Indian Child Welfare Act in Matter of P.E.W., YINC (2025 MT 114) Introduction Matter of P.E.W., decided by the Supreme Court of...
No Duty to “Catch” Skiers Beyond MSRA’s Inherent Risks — Mullee v. Winter Sports, Inc.

No Duty to “Catch” Skiers Beyond MSRA’s Inherent Risks — Mullee v. Winter Sports, Inc.

Date: Jun 10, 2025
No Duty to “Catch” Skiers Beyond MSRA’s Inherent Risks Introduction Mullee v. Winter Sports, Inc., 2025 MT 113, is a Supreme Court of Montana decision clarifying the limits of a ski operator’s...
Limitations on Pretrial Credit and Evidence-Tampering Conspiracy in Prison Escape Cases

Limitations on Pretrial Credit and Evidence-Tampering Conspiracy in Prison Escape Cases

Date: Jun 10, 2025
Limitations on Pretrial Credit and Evidence-Tampering Conspiracy in Prison Escape Cases Introduction State of Montana v. Darren Charles DeMarie (2025 MT 115) arises from a bench trial in Powell...
Reaffirming the Boundaries of Interlocutory Appellate Jurisdiction and Mandamus Relief Under §1291: Ameriway Corp. v. Chen

Reaffirming the Boundaries of Interlocutory Appellate Jurisdiction and Mandamus Relief Under §1291: Ameriway Corp. v. Chen

Date: Jun 10, 2025
Reaffirming the Boundaries of Interlocutory Appellate Jurisdiction and Mandamus Relief Under §1291: Ameriway Corp. v. Chen Introduction The Second Circuit’s summary order in Ameriway Corp. v. Chen...
Preservation of Unmodified Contractual Provisions in Copyright Assignments: Catala v. Joombas Co. Ltd.

Preservation of Unmodified Contractual Provisions in Copyright Assignments: Catala v. Joombas Co. Ltd.

Date: Jun 10, 2025
Preservation of Unmodified Contractual Provisions in Copyright Assignments: Catala v. Joombas Co. Ltd. Introduction Catala v. Joombas Co. Ltd. is a summary‐order decision by the United States Court...
Encompassment of Final Judgment by Appeals from Rule 59(e)/60(b) Orders and the Non-Disability Character of Neutral COVID-19 Mandates: Johnson v. Maximus Services LLC

Encompassment of Final Judgment by Appeals from Rule 59(e)/60(b) Orders and the Non-Disability Character of Neutral COVID-19 Mandates: Johnson v. Maximus Services LLC

Date: Jun 10, 2025
Encompassment of Final Judgment by Appeals from Rule 59(e)/60(b) Orders and the Non-Disability Character of Neutral COVID-19 Mandates: Johnson v. Maximus Services LLC Introduction Johnson v. Maximus...
State Protection Nexus in Private-Party Persecution Claims: Singh v. Bondi

State Protection Nexus in Private-Party Persecution Claims: Singh v. Bondi

Date: Jun 10, 2025
State Protection Nexus in Private-Party Persecution Claims: Singh v. Bondi Introduction Singh v. Bondi (23-6074, 2d Cir. June 3, 2025) involved petitioner Sarbjit Singh’s challenge to the Board of...
Affirmation of Broad Discretion in Imposing Extended Supervised Release Terms upon Revocation under 18 U.S.C. § 3583

Affirmation of Broad Discretion in Imposing Extended Supervised Release Terms upon Revocation under 18 U.S.C. § 3583

Date: Jun 10, 2025
Affirmation of Broad Discretion in Imposing Extended Supervised Release Terms upon Revocation under 18 U.S.C. § 3583 Introduction United States v. Patterson is a summary order issued by the United...
Next Friend Standing Under Rule 17(c): Relationship Not Required, Identification Essential

Next Friend Standing Under Rule 17(c): Relationship Not Required, Identification Essential

Date: Jun 10, 2025
Next Friend Standing Under Rule 17(c): Relationship Not Required, Identification Essential Introduction In Doe v. Hochul (2d Cir. 2025), Mary Doe, a social worker proceeding under a pseudonym,...
Hadwan v. US Dep’t of State: APA and Due Process Limits on Passport Revocation

Hadwan v. US Dep’t of State: APA and Due Process Limits on Passport Revocation

Date: Jun 10, 2025
Hadwan v. US Dep’t of State: APA and Due Process Limits on Passport Revocation Introduction In the Second Circuit’s June 3, 2025 decision in Hadwan v. US Department of State, the court confronted a...
Singh v. Bondi: REAL ID Act’s Totality-of-the-Circumstances Standard in Credibility Determinations

Singh v. Bondi: REAL ID Act’s Totality-of-the-Circumstances Standard in Credibility Determinations

Date: Jun 10, 2025
Singh v. Bondi: REAL ID Act’s Totality-of-the-Circumstances Standard in Credibility Determinations Introduction In Singh v. Bondi, 22-6077 (2d Cir. June 3, 2025), the U.S. Court of Appeals for the...
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