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clarifying-the-& Case Commentaries

Prevailing “In Whole” Without Judicial Imprimatur: Third Department Adopts a Text‑Driven Catalyst Rule Under New York’s EAJA and Overrules Clarke v. Annucci

Prevailing “In Whole” Without Judicial Imprimatur: Third Department Adopts a Text‑Driven Catalyst Rule Under New York’s EAJA and Overrules Clarke v. Annucci

Date: Aug 15, 2025
Prevailing “In Whole” Without Judicial Imprimatur: Third Department Adopts a Text‑Driven Catalyst Rule Under New York’s EAJA and Overrules Clarke v. Annucci Case: Matter of Markey v. Tietz, 2025 NY...
Approval-as-Injury: New York Recognizes Organizational Standing to Preemptively Challenge Certified Voting Machines and Permits Recasting of Article 78 Relief

Approval-as-Injury: New York Recognizes Organizational Standing to Preemptively Challenge Certified Voting Machines and Permits Recasting of Article 78 Relief

Date: Aug 15, 2025
Approval-as-Injury: New York Recognizes Organizational Standing to Preemptively Challenge Certified Voting Machines and Permits Recasting of Article 78 Relief Introduction In Matter of Common Cause...
Supreme Court Clarifies that Unjust-Enrichment Claims Cannot Circumvent Mississippi’s Minutes Rule

Supreme Court Clarifies that Unjust-Enrichment Claims Cannot Circumvent Mississippi’s Minutes Rule

Date: Aug 15, 2025
Supreme Court Clarifies that Unjust-Enrichment Claims Cannot Circumvent Mississippi’s Minutes Rule Introduction In The Mississippi State Port Authority at Gulfport v. Yilport Holding A.S., No....
The Three-Day Filing Rule Is Jurisdictional: First Department Vacates Neglect Finding and Declares Prolonged Removal Unlawful in Matter of Kaius A. v. Abigail H.

The Three-Day Filing Rule Is Jurisdictional: First Department Vacates Neglect Finding and Declares Prolonged Removal Unlawful in Matter of Kaius A. v. Abigail H.

Date: Aug 15, 2025
The Three-Day Filing Rule Is Jurisdictional: First Department Vacates Neglect Finding and Declares Prolonged Removal Unlawful in Matter of Kaius A. v. Abigail H. Introduction This commentary examines...
Commonwealth v. Brown: Kentucky Supreme Court Clarifies Admissibility of Third-Party Database Records under KRE 803(17)

Commonwealth v. Brown: Kentucky Supreme Court Clarifies Admissibility of Third-Party Database Records under KRE 803(17)

Date: Aug 15, 2025
Commonwealth v. Brown: Kentucky Supreme Court Clarifies Admissibility of Third-Party Database Records under KRE 803(17) 1. Introduction Isaiah Brown’s appeal required the Supreme Court of Kentucky to...
When Love, Not Marriage, Makes a Parent: Kentucky Recognises Joint De-Facto Custodianship for Unmarried Cohabitants and Resets the Clock on Intervention

When Love, Not Marriage, Makes a Parent: Kentucky Recognises Joint De-Facto Custodianship for Unmarried Cohabitants and Resets the Clock on Intervention

Date: Aug 15, 2025
When Love, Not Marriage, Makes a Parent: Kentucky Recognises Joint De-Facto Custodianship for Unmarried Cohabitants and Resets the Clock on Intervention 1. Introduction In David Lemaster v. Kendra...
“Remedy-Driven Review” – The Kentucky Supreme Court Harmonises Remedies for Illegal Plea-Based Sentences

“Remedy-Driven Review” – The Kentucky Supreme Court Harmonises Remedies for Illegal Plea-Based Sentences

Date: Aug 15, 2025
“Remedy-Driven Review” – The Kentucky Supreme Court Harmonises Remedies for Illegal Plea-Based Sentences 1. Introduction Commonwealth of Kentucky v. Darrell Strunk, 2025-SC-0518-DG, marks the latest...
“Beyond the Six-Month Benchmark” – The Malloy Standard for Progressive Escalation of Attorney Discipline in Wisconsin

“Beyond the Six-Month Benchmark” – The Malloy Standard for Progressive Escalation of Attorney Discipline in Wisconsin

Date: Aug 15, 2025
“Beyond the Six-Month Benchmark” – The Malloy Standard for Progressive Escalation of Attorney Discipline in Wisconsin 1. Introduction Office of Lawyer Regulation v. Robert T. Malloy, 2025 WI 39, is...
Forged Witness Signatures and the Threshold for Revocation: The Wisconsin
Supreme Court Establishes a 30-Month Suspension Standard

Forged Witness Signatures and the Threshold for Revocation: The Wisconsin Supreme Court Establishes a 30-Month Suspension Standard

Date: Aug 15, 2025
Forged Witness Signatures and the Threshold for Revocation: A Commentary on Office of Lawyer Regulation v. John P. Buran, 2025 WI 40 1. Introduction In Office of Lawyer Regulation v. John P. Buran,...
Armed Pedestrian Flight as “Substantial Risk”: A Commentary on Virgil Lee Evans, Jr. v. Commonwealth of Kentucky

Armed Pedestrian Flight as “Substantial Risk”: A Commentary on Virgil Lee Evans, Jr. v. Commonwealth of Kentucky

Date: Aug 15, 2025
Armed Pedestrian Flight as “Substantial Risk”: The Supreme Court of Kentucky Clarifies KRS 520.095 in Evans v. Commonwealth 1. Introduction In Virgil Lee Evans, Jr. v. Commonwealth of Kentucky (Sup....
Reaffirming Rehabilitative Admission of Post-Motive Child CAC Statements and Present-Sense Police Commentary: An Analysis of Mario S. Smith v. Commonwealth of Kentucky

Reaffirming Rehabilitative Admission of Post-Motive Child CAC Statements and Present-Sense Police Commentary: An Analysis of Mario S. Smith v. Commonwealth of Kentucky

Date: Aug 15, 2025
Reaffirming Rehabilitative Admission of Post-Motive Child CAC Statements and Present-Sense Police Commentary: An Analysis of Mario S. Smith v. Commonwealth of Kentucky Introduction The Supreme Court...
Arbitration Agreements Are Not “Health-Care Decisions”: The Kentucky Supreme Court Narrows KRS 311.631 Spousal Authority

Arbitration Agreements Are Not “Health-Care Decisions”: The Kentucky Supreme Court Narrows KRS 311.631 Spousal Authority

Date: Aug 15, 2025
Arbitration Agreements Are Not “Health-Care Decisions”: The Kentucky Supreme Court Narrows KRS 311.631 Spousal Authority Introduction In Lexington Alzheimer’s Investors, LLC d/b/a The Lantern at...
“When the Youth Court Lets Go” — Clarifying Chancery-Court Jurisdiction After Voluntary Youth-Court Relinquishment

“When the Youth Court Lets Go” — Clarifying Chancery-Court Jurisdiction After Voluntary Youth-Court Relinquishment

Date: Aug 15, 2025
“When the Youth Court Lets Go” — Clarifying Chancery-Court Jurisdiction After Voluntary Youth-Court Relinquishment 1. Introduction K.S. v. M.D. and M.F.D. is the Mississippi Supreme Court’s most...
“Look-but-Don’t-Intimidate”:  Simpson v. Commonwealth and the Permissible Use of Courtroom Barriers Consistent with the Confrontation Clause

“Look-but-Don’t-Intimidate”: Simpson v. Commonwealth and the Permissible Use of Courtroom Barriers Consistent with the Confrontation Clause

Date: Aug 15, 2025
“Look-but-Don’t-Intimidate”: Simpson v. Commonwealth and the Permissible Use of Courtroom Barriers Consistent with the Confrontation Clause 1. Introduction Jamie Simpson appealed his 60-year sentence...
“Ross–Haydon Bridge Reconciliation Rule”: Kentucky Supreme Court Clarifies Sovereign-Immunity Limits on Refund Suits Against the State

“Ross–Haydon Bridge Reconciliation Rule”: Kentucky Supreme Court Clarifies Sovereign-Immunity Limits on Refund Suits Against the State

Date: Aug 15, 2025
“Ross–Haydon Bridge Reconciliation Rule” Kentucky Supreme Court Clarifies Sovereign-Immunity Limits on Monetary Relief and Refund Actions Introduction On 14 August 2025 the Supreme Court of Kentucky...
“Due vs. Never-Due” Refunds: The Kentucky Supreme Court Re-draws the Sovereign-Immunity Line in Long v. Commonwealth (2025)

“Due vs. Never-Due” Refunds: The Kentucky Supreme Court Re-draws the Sovereign-Immunity Line in Long v. Commonwealth (2025)

Date: Aug 15, 2025
“Due vs. Never-Due” Refunds: The Kentucky Supreme Court Re-draws the Sovereign-Immunity Line Commonwealth of Kentucky, Department of Revenue v. Long (2025) Introduction The consolidated decision in...
“Party-Affiliation ≠ State Action” – The Second Circuit’s Re-confirmation of the State-Actor Requirement in Sherpa v. Bondi

“Party-Affiliation ≠ State Action” – The Second Circuit’s Re-confirmation of the State-Actor Requirement in Sherpa v. Bondi

Date: Aug 15, 2025
“Party-Affiliation ≠ State Action” – The Second Circuit’s Re-confirmation of the State-Actor Requirement in Sherpa v. Bondi 1. Introduction Sherpa v. Bondi, No. 23-6172 (2d Cir. Aug. 14 2025) is a...
“Never‐Due” v. “Due” Funds – The Kentucky Supreme Court’s New Two-Tier Rule for Sovereign Immunity Refund Actions

“Never‐Due” v. “Due” Funds – The Kentucky Supreme Court’s New Two-Tier Rule for Sovereign Immunity Refund Actions

Date: Aug 15, 2025
“Never-Due” v. “Due” Funds – A Commentary on Long v. Commonwealth of Kentucky, Department of Revenue (Ky. 2025) 1 · Introduction On 14 August 2025 the Supreme Court of Kentucky issued a consolidated...
Scarborough Refined: Delaware Supreme Court Clarifies Strickland-Prejudice Analysis for Missed Plea-Withdrawal Motions

Scarborough Refined: Delaware Supreme Court Clarifies Strickland-Prejudice Analysis for Missed Plea-Withdrawal Motions

Date: Aug 15, 2025
Scarborough Refined: Delaware Supreme Court Clarifies Strickland-Prejudice Analysis for Missed Plea-Withdrawal Motions Introduction In Smith v. State, No. 179, 2024 (Del. Aug. 14, 2025), the Supreme...
Enhanced Disclosure & Gate-Keeping Standards for Historic Cell-Site Evidence: Analysis of Shawn Hollingsworth, Jr. v. Commonwealth of Kentucky (2025)

Enhanced Disclosure & Gate-Keeping Standards for Historic Cell-Site Evidence: Analysis of Shawn Hollingsworth, Jr. v. Commonwealth of Kentucky (2025)

Date: Aug 15, 2025
Enhanced Disclosure & Gate-Keeping Standards for Historic Cell-Site Evidence: Commentary on Shawn Hollingsworth, Jr. v. Commonwealth of Kentucky, Supreme Court of Kentucky (2025) Introduction The...
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