Preliminary Injunction Orders Must Remain Nonfinal Absent Rule 65(a)(2) Consolidation Notice Case: Dillinger's LLC, a Wyoming Limited Liability Company and Ryan Clement, an Individual v. CR-GTD, LLC,...
Noncompliance and Continued Domestic Violence Justify Denial of an Improvement Period and Termination Without Less Restrictive Alternatives 1. Introduction In In re A.B. and S.B. (W. Va. Aug. 25,...
Educational Neglect Established When a Parent Refuses Enrolled School Attendance and Fails to Meet West Virginia Home-Instruction Requirements 1. Introduction Case: In re A.G.-1 and A.G.-2 (Supreme...
Post-Termination Limits: No § 49-4-606 Standing After Termination, and Post-Termination Visitation Requires a Timely Motion or Good Cause 1. Introduction In re C.C.-1, C.C.-2, and A.C. is a...
Consistent Child Disclosures and Forensic Testimony as Clear-and-Convincing Proof of Sexual Abuse Supporting Termination Without Less Restrictive Alternatives 1. Introduction Case: In re D.C.,...
Pleading-Stage Limits on New Liability Theories, Contractual Waiver Enforcement, and Automatic Exclusion for NRCP 16.1 Damages Nondisclosure Introduction In GREEN LEAF FARMS HOLDINGS, LLC v. BELMONT...
Incarceration-Based Neglect and No Preclusion from Prior Adoption Litigation in West Virginia Abuse-and-Neglect Proceedings 1. Introduction In re J.C. (W. Va. Sup. Ct. App. Aug. 25, 2026) is a...
Termination Without Improvement Period Where Intellectual-Incapacity Deficits Are Uncorrectable; DHS Not Required to Provide Live-In Assistance 1. Introduction Case: In re J.D., No. 25-457 (W. Va....
Second Post-Adjudicatory Improvement Periods Require Proof of a Substantial Change in Circumstances Under W. Va. Code § 49-4-610(2)(D) Case: In re J.S.-1, No. 25-494 (W. Va. Aug. 25, 2026)...
In re L.T.: Adjudication Turns on Findings that the Child Is Abused/Neglected; Dispositional Orders Need Not Track Statutory Wording if Required Conclusions Are Reached Introduction In In re L.T....
In re N.M.: Case-Plan Delay Is Not Reversible Without Prejudice Where Abuse/Neglect Is Untreatable, and Unobjected Hearsay Is Waived on Appeal 1. Introduction In In re N.M. (W. Va. Aug. 25, 2026)...
Lipscomb v. Hagedorn: Enforcing Contractual Attorney-Fee Clauses in Incorporated Separation Agreements 1. Introduction In Jimmy Lipscomb v. Pamela Hagedorn (W. Va. Aug. 25, 2026), the Supreme Court...
Civil Contempt for Property Return Requires Proof of Present Noncompliance with the Final Decree—No Contempt for Items Not Found in the Party’s Possession 1. Introduction In Marilyn Fay Minor v....
Absent Bad Faith, a Circuit Court Must Grant the State’s Rule 48(a) Motion to Dismiss When the Defendant Consents 1. Introduction In State of West Virginia ex rel. Dalton Ours v. The State of West...
Mandamus to Require Statutory Findings Before Granting Post-Adjudicatory Improvement Periods Introduction In State of West Virginia ex rel. H.C., P.C., M.C., Z.C. and West Virginia Department of...
State v. Sellers: “Well-Established” Forensic Science Still Requires a Porter Gatekeeping Check When New Standards Cast Doubt 1. Introduction In State v. Sellers (Conn. Aug. 25, 2026), the Supreme...
Recording a Judgment (Without Debtor’s Voluntary Compliance) Does Not Moot an Appeal; Failure to Obtain a Stay Is Not Voluntary Satisfaction Introduction In Drushal v. Miller, Slip Opinion No....
Context-Based Interpretation of “Current” Public-Records Requests and Limited Writs Requiring Production or Certification of Nonexistence (Ohio Mandamus) Case: State ex rel. Clark v. Dept. of Rehab....
Production of Nonprofit Records in Discovery Moots Inspection Claims; Courts Decline to Intervene in Uncontested, Superseded Officer Elections Absent Injury 1. Introduction E. Kragh v. MADC is a 2026...
Marriage of French: Rule 60(b) Relief Cannot Substitute for an Untimely Appeal; Voidness Requires a Fundamental Due Process Defect Shown on an Adequate Record 1. Introduction Case: In re the Marriage...