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clarifying-the-&amp Case Commentaries

Sita v. Department of Labor (2025): Clarifying “Good-Cause” Standards and Preservation Rules in Vermont Unemployment Appeals

Sita v. Department of Labor (2025): Clarifying “Good-Cause” Standards and Preservation Rules in Vermont Unemployment Appeals

Date: Jun 11, 2025
Sita v. Department of Labor (2025): Clarifying “Good-Cause” Standards and Preservation Rules in Vermont Unemployment Appeals 1. Introduction In Keren Sita v. Department of Labor, the Vermont Supreme...
Eddy v. Venturella: Vermont Supreme Court Re-Affirms Rule 11 Candor Duties for Self-Represented Litigants and Clarifies the Limited Grounds for Pre-Hearing Dismissal of RFA Petitions

Eddy v. Venturella: Vermont Supreme Court Re-Affirms Rule 11 Candor Duties for Self-Represented Litigants and Clarifies the Limited Grounds for Pre-Hearing Dismissal of RFA Petitions

Date: Jun 11, 2025
Eddy v. Venturella: Vermont Supreme Court Re-Affirms Rule 11 Candor Duties for Self-Represented Litigants and Clarifies the Limited Grounds for Pre-Hearing Dismissal of RFA Petitions 1. Introduction...
“Manufacturer-Rated Horsepower” Controls Vermont Watercraft Exclusions: Commentary on Northern Security Insurance Co. v. Walker (2025)

“Manufacturer-Rated Horsepower” Controls Vermont Watercraft Exclusions: Commentary on Northern Security Insurance Co. v. Walker (2025)

Date: Jun 11, 2025
“Manufacturer-Rated Horsepower” Controls Vermont Watercraft Exclusions: A Comprehensive Commentary on Northern Security Insurance Company, Inc. v. Raymond Walker (Vt. 2025) Introduction The Vermont...
State v. Fuller: Expanding the Corpus Delicti Corroboration Standard and Clarifying Non-Testimonial Police-Conduct Hearsay

State v. Fuller: Expanding the Corpus Delicti Corroboration Standard and Clarifying Non-Testimonial Police-Conduct Hearsay

Date: Jun 11, 2025
State v. Fuller: Expanding the Corpus Delicti Corroboration Standard and Clarifying Non-Testimonial Police-Conduct Hearsay Introduction In State v. Christopher Fuller, 2025 VT ___, the Vermont...
Wood v. Wood: Vermont Reaffirms the “Divisible Divorce” Doctrine and the Use of Disability Benefits when Fixing Spousal Maintenance

Wood v. Wood: Vermont Reaffirms the “Divisible Divorce” Doctrine and the Use of Disability Benefits when Fixing Spousal Maintenance

Date: Jun 11, 2025
Wood v. Wood: Vermont Reaffirms the “Divisible Divorce” Doctrine and the Use of Disability Benefits when Fixing Spousal Maintenance 1. Introduction Wood v. Wood, 2025 VT ___ (June 6, 2025), is a...
County of Hayes v. County of Frontier: Nebraska Supreme Court Clarifies Pleading and Evidentiary Requirements for Petitions-in-Error in Inter-County Bridge Disputes

County of Hayes v. County of Frontier: Nebraska Supreme Court Clarifies Pleading and Evidentiary Requirements for Petitions-in-Error in Inter-County Bridge Disputes

Date: Jun 11, 2025
County of Hayes v. County of Frontier (319 Neb. 98) Nebraska Supreme Court, 6 June 2025 1. Introduction In County of Hayes v. County of Frontier, the Nebraska Supreme Court reviewed a quarrel between...
“Filing Fixes the Right”: Nebraska Supreme Court Clarifies Post-Term Modification Power in Hawk v. Hawk

“Filing Fixes the Right”: Nebraska Supreme Court Clarifies Post-Term Modification Power in Hawk v. Hawk

Date: Jun 11, 2025
“Filing Fixes the Right” Nebraska Supreme Court Clarifies Post-Term Modification Power in Hawk v. Hawk Introduction In Hawk v. Hawk, 319 Neb. 120 (2025), the Nebraska Supreme Court confronted a...
“No Re-Weighing on Appeal” – State v. Jeremiah T. and the Enhanced Deference Doctrine for Juvenile-Transfer Reviews

“No Re-Weighing on Appeal” – State v. Jeremiah T. and the Enhanced Deference Doctrine for Juvenile-Transfer Reviews

Date: Jun 11, 2025
“No Re-Weighing on Appeal” – State v. Jeremiah T. and the Enhanced Deference Doctrine for Juvenile-Transfer Reviews Introduction In State v. Jeremiah T., 319 Neb. 133 (2025), the Nebraska Supreme...
Expanding the State’s Right of Appeal: Nevada Supreme Court Holds that Orders Granting or Denying Motions to Correct an Illegal Sentence Are Appealable

Expanding the State’s Right of Appeal: Nevada Supreme Court Holds that Orders Granting or Denying Motions to Correct an Illegal Sentence Are Appealable

Date: Jun 11, 2025
Expanding the State’s Right of Appeal: Nevada Supreme Court Holds that Orders Granting or Denying Motions to Correct an Illegal Sentence Are Appealable Introduction In State v. Eighth Judicial...
State v. Nolan – Clarifying the “New-Matter” Test for Surrebuttal and Enforcing the One-Year Firearm Enhancement Cap for First-Time Felons

State v. Nolan – Clarifying the “New-Matter” Test for Surrebuttal and Enforcing the One-Year Firearm Enhancement Cap for First-Time Felons

Date: Jun 11, 2025
State v. Nolan – Clarifying the “New-Matter” Test for Surrebuttal and Enforcing the One-Year Firearm Enhancement Cap for First-Time Felons Introduction In State v. Nolan, No. S-1-SC-40029 (N.M. June...
State v. Perea – First-Hand Observations by a Confidential Informant as “Substantial Evidence” Under Rule 5-211(E) NMRA

State v. Perea – First-Hand Observations by a Confidential Informant as “Substantial Evidence” Under Rule 5-211(E) NMRA

Date: Jun 11, 2025
State v. Perea: Clarifying that a Confidential Informant’s First-Hand Observation Alone May Supply the “Basis-of-Knowledge” Required for Probable Cause—But Is Not a Per Se Rule 1. Introduction Case:...
Gonzalez v. State — Clarifying Mootness in Post-Conviction Sentence Challenges

Gonzalez v. State — Clarifying Mootness in Post-Conviction Sentence Challenges

Date: Jun 11, 2025
Gonzalez v. State (2025 ND 109): The North Dakota Supreme Court Defines the Limits of Post-Conviction Review When the Defendant Has Fully Served the Sentence Introduction Garron William Gonzalez...
Reaffirming the High Bar for Custody Modification in North Dakota: The “Adverse-Effect” Test after Weber v. Pennington

Reaffirming the High Bar for Custody Modification in North Dakota: The “Adverse-Effect” Test after Weber v. Pennington

Date: Jun 11, 2025
Reaffirming the High Bar for Custody Modification in North Dakota: The “Adverse-Effect” Test after Weber v. Pennington (2025 ND 105) 1. Introduction In Weber v. Pennington, 2025 ND 105, the North...
No Liberty Interest in Short-Term Restricted Housing & No Private Right of Action under Criminal Statutes – A Comment on Andrews v. Pennsylvania DOC

No Liberty Interest in Short-Term Restricted Housing & No Private Right of Action under Criminal Statutes – A Comment on Andrews v. Pennsylvania DOC

Date: Jun 11, 2025
No Liberty Interest in Short-Term Restricted Housing and the Futility of Implied Private Rights of Action: Commentary on Daniel Andrews, Sr. v. Pennsylvania Department of Corrections (3d Cir. 2025)...
Temporal Reach of Amended U.S.S.G. § 1B1.13 and the “Actual-Time-Served” Threshold – A Commentary on United States v. Rodney Crawley (4th Cir. 2025)

Temporal Reach of Amended U.S.S.G. § 1B1.13 and the “Actual-Time-Served” Threshold – A Commentary on United States v. Rodney Crawley (4th Cir. 2025)

Date: Jun 11, 2025
Temporal Reach of Amended U.S.S.G. § 1B1.13 and the “Actual-Time-Served” Threshold – A Commentary on United States v. Rodney Crawley (4th Cir. 2025) Introduction United States v. Rodney Crawley, No....
United States v. Jackson: Fifth Circuit Clarifies Limits on Sua Sponte “Edwards Competency” Hearings for Self-Represented Defendants

United States v. Jackson: Fifth Circuit Clarifies Limits on Sua Sponte “Edwards Competency” Hearings for Self-Represented Defendants

Date: Jun 11, 2025
United States v. Jackson: Fifth Circuit Clarifies Limits on Sua Sponte “Edwards Competency” Hearings for Self-Represented Defendants Introduction In United States v. Jackson, No. 23-30683 (5th Cir....
Matter of Park: Disbarment for the Mere Attempt to Suborn False Testimony and Related Acts of Dishonesty

Matter of Park: Disbarment for the Mere Attempt to Suborn False Testimony and Related Acts of Dishonesty

Date: Jun 11, 2025
Matter of Park: Disbarment for the Mere Attempt to Suborn False Testimony and Related Acts of Dishonesty 1. Introduction In Matter of Park (2025 NY Slip Op 03531), the Appellate Division, First...
“The Peck Rule”: When a Third-Party’s State-Law Title Trumps Federal Relation-Back in Criminal Forfeiture

“The Peck Rule”: When a Third-Party’s State-Law Title Trumps Federal Relation-Back in Criminal Forfeiture

Date: Jun 11, 2025
“The Peck Rule” – A Tenth Circuit Blueprint for Ancillary Proceedings: State-Law Superior Interests Defeat Federal Forfeiture Even Where “Tainted” Funds Enhanced the Property 1. Introduction United...
Clarifying the Preclusive Effect of State-Confirmed Tenure Arbitration Awards on Subsequent Federal Title VII Claims – A Commentary on Janicki v. Washington Township Board of Education

Clarifying the Preclusive Effect of State-Confirmed Tenure Arbitration Awards on Subsequent Federal Title VII Claims – A Commentary on Janicki v. Washington Township Board of Education

Date: Jun 11, 2025
Clarifying the Preclusive Effect of State-Confirmed Tenure Arbitration Awards on Subsequent Federal Title VII Claims – A Commentary on Gregory Janicki v. Washington Township Board of Education...
Priority of State-Law Ownership over Federal Forfeiture: A Commentary on United States v. Peck (10th Cir. 2025)

Priority of State-Law Ownership over Federal Forfeiture: A Commentary on United States v. Peck (10th Cir. 2025)

Date: Jun 11, 2025
Priority of State-Law Ownership over Federal Forfeiture: A Commentary on United States v. Peck (10th Cir. 2025) 1. Introduction In United States v. Peck, the United States Court of Appeals for the...
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