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guardian-ad-litem& Case Commentaries

Grey v. Alfonso-Royals: Fourth Circuit Confirms that FOIA Exemption 7(E) Shields Law-Enforcement Training Materials Without a “Risk-of-Circumvention” Showing

Grey v. Alfonso-Royals: Fourth Circuit Confirms that FOIA Exemption 7(E) Shields Law-Enforcement Training Materials Without a “Risk-of-Circumvention” Showing

Date: Jun 11, 2025
Grey v. Alfonso-Royals: Fourth Circuit Confirms that FOIA Exemption 7(E) Shields Law-Enforcement Training Materials Without a “Risk-of-Circumvention” Showing I. Introduction Fabian Grey, a Jamaican...
Morrow v. Jones: The Fifth Circuit Declares Rule 23(h) Notice a Non-Forfeitable Prerequisite to Attorney-Fee Awards

Morrow v. Jones: The Fifth Circuit Declares Rule 23(h) Notice a Non-Forfeitable Prerequisite to Attorney-Fee Awards

Date: Jun 11, 2025
Morrow v. Jones: The Fifth Circuit Declares Rule 23(h) Notice a Non-Forfeitable Prerequisite to Attorney-Fee Awards Introduction Morrow v. Jones (United States Court of Appeals for the Fifth Circuit,...
State v. Williams: Extending the Statutory Justification of Self-Defense to Reckless Manslaughter Involving an Innocent Bystander

State v. Williams: Extending the Statutory Justification of Self-Defense to Reckless Manslaughter Involving an Innocent Bystander

Date: Jun 11, 2025
State v. Williams: Extending the Statutory Justification of Self-Defense to Reckless Manslaughter Involving an Innocent Bystander Introduction Court: Supreme Court of Connecticut  |  Date: 10 June...
State v. Williams: Extending Self-Defense to Reckless Manslaughter Involving Bystanders & Adopting a “One-Unit” Rule for Simultaneous Firearm and Ammunition Possession

State v. Williams: Extending Self-Defense to Reckless Manslaughter Involving Bystanders & Adopting a “One-Unit” Rule for Simultaneous Firearm and Ammunition Possession

Date: Jun 11, 2025
State v. Williams: Extending Self-Defense to Reckless Manslaughter Involving Bystanders & Adopting a “One-Unit” Rule for Simultaneous Firearm and Ammunition Possession Introduction In State v....
Beckwith v. ENI: Establishing Maritime Nexus for Cargo Handling Vehicle Accidents on Frozen Navigable Waters

Beckwith v. ENI: Establishing Maritime Nexus for Cargo Handling Vehicle Accidents on Frozen Navigable Waters

Date: Jun 10, 2025
Beckwith v. ENI: Establishing Maritime Nexus for Cargo Handling Vehicle Accidents on Frozen Navigable Waters Introduction In the landmark decision Beckwith v. ENI Petroleum U.S., LLC, 2025 AKSC 72,...
Proper Weighing of Medical Evidence and Presumption of Causation in Workers’ Compensation Claims

Proper Weighing of Medical Evidence and Presumption of Causation in Workers’ Compensation Claims

Date: Jun 10, 2025
Proper Weighing of Medical Evidence and Presumption of Causation in Workers’ Compensation Claims Introduction This commentary examines the West Virginia Supreme Court decision in Caitlin R. Workman...
Implied Duty to Market and Free-of-Cost Royalties: Extending Wellman & Tawney to In-Kind Oil & Gas Leases

Implied Duty to Market and Free-of-Cost Royalties: Extending Wellman & Tawney to In-Kind Oil & Gas Leases

Date: Jun 10, 2025
Implied Duty to Market and Free-of-Cost Royalties: Extending Wellman & Tawney to In-Kind Oil & Gas Leases Introduction In Francis Kaess v. BB Land, LLC, the Supreme Court of Appeals of West Virginia...
Extension of Implied Marketing Covenant and Post-Production Cost Allocation to In-Kind Oil and Gas Leases

Extension of Implied Marketing Covenant and Post-Production Cost Allocation to In-Kind Oil and Gas Leases

Date: Jun 10, 2025
Extension of Implied Marketing Covenant and Post-Production Cost Allocation to In-Kind Oil and Gas Leases Introduction In Francis Kaess v. BB Land, LLC (No. 23-522), the Supreme Court of West...
Extension of Implied Duty to Market and Post-Production Cost Deductions to In-Kind Royalty Leases

Extension of Implied Duty to Market and Post-Production Cost Deductions to In-Kind Royalty Leases

Date: Jun 10, 2025
Extension of Implied Duty to Market and Post-Production Cost Deductions to In-Kind Royalty Leases Introduction Francis Kaess v. BB Land, LLC, decided by the Supreme Court of Appeals of West Virginia...
Reinforcing Grandparent Placement Statutory Findings: In re A.F.

Reinforcing Grandparent Placement Statutory Findings: In re A.F.

Date: Jun 10, 2025
Reinforcing Grandparent Placement Statutory Findings: In re A.F. Introduction In In re A.F., the Supreme Court of Appeals of West Virginia addressed whether a circuit court must expressly consider...
Enforcement of Grandparent Placement Preference: Abuse of Discretion in Reliance on Unlawful DHS Recommendations

Enforcement of Grandparent Placement Preference: Abuse of Discretion in Reliance on Unlawful DHS Recommendations

Date: Jun 10, 2025
Enforcement of Grandparent Placement Preference: Abuse of Discretion in Reliance on Unlawful DHS Recommendations Introduction In re A.F. (No. 23-698) is a 2025 Supreme Court of West Virginia decision...
In re M.N.: Mandatory Enforcement of Kinship Placement Preferences and Exclusion of Removed DHS Substantiations

In re M.N.: Mandatory Enforcement of Kinship Placement Preferences and Exclusion of Removed DHS Substantiations

Date: Jun 10, 2025
In re M.N.: Mandatory Enforcement of Kinship Placement Preferences and Exclusion of Removed DHS Substantiations Introduction In In re M.N., 2025 WL ___ (W. Va. June 6, 2025), the Supreme Court of...
Clarifying Sanctions for Repeated Lawyer Neglect and Non-Compliance: Standards Reinforced in Lawyer Disciplinary Board v. Curnutte

Clarifying Sanctions for Repeated Lawyer Neglect and Non-Compliance: Standards Reinforced in Lawyer Disciplinary Board v. Curnutte

Date: Jun 10, 2025
Clarifying Sanctions for Repeated Lawyer Neglect and Non-Compliance: Standards Reinforced in Lawyer Disciplinary Board v. Curnutte Introduction In Lawyer Disciplinary Board v. Scott A. Curnutte, 2025...
Clarifying the Burden of Proof and Limits on Disciplinary Sanctions for Litigation Delays

Clarifying the Burden of Proof and Limits on Disciplinary Sanctions for Litigation Delays

Date: Jun 10, 2025
Clarifying the Burden of Proof and Limits on Disciplinary Sanctions for Litigation Delays Introduction In the disciplinary matter Lawyer Disciplinary Board v. Scott A. Curnutte, No. 23-746 (W. Va....
Elements‐Only Test for Predicate “Crime of Violence” under WV Code § 61-7-7(b): Excluding Conspiracy Convictions

Elements‐Only Test for Predicate “Crime of Violence” under WV Code § 61-7-7(b): Excluding Conspiracy Convictions

Date: Jun 10, 2025
Elements‐Only Test for Predicate “Crime of Violence” under WV Code § 61-7-7(b): Excluding Conspiracy Convictions Introduction State of West Virginia v. Deliezha Davonte Gravely (No. 23-189, filed...
State v. Mason: Clarifying Authentication and Intrinsic Evidence under West Virginia Rules of Evidence

State v. Mason: Clarifying Authentication and Intrinsic Evidence under West Virginia Rules of Evidence

Date: Jun 10, 2025
State v. Mason: Clarifying Authentication and Intrinsic Evidence under West Virginia Rules of Evidence Introduction State of West Virginia v. Joseph Wayne Mason (No. 22-674, decided June 6, 2025) is...
State v. Small: Clarifying Defendants’ Presence, Admissibility of Intrinsic Evidence, and Invocation of Miranda Rights in West Virginia Criminal Trials

State v. Small: Clarifying Defendants’ Presence, Admissibility of Intrinsic Evidence, and Invocation of Miranda Rights in West Virginia Criminal Trials

Date: Jun 10, 2025
State v. Small: Clarifying Defendants’ Presence, Admissibility of Intrinsic Evidence, and Invocation of Miranda Rights in West Virginia Criminal Trials Introduction In State of West Virginia v....
Eric Overton v. State of Arkansas: Uncorroborated Minor Testimony Sufficiency & Voir Dire Instruction Limits

Eric Overton v. State of Arkansas: Uncorroborated Minor Testimony Sufficiency & Voir Dire Instruction Limits

Date: Jun 10, 2025
Eric Overton v. State of Arkansas: Uncorroborated Minor Testimony Sufficiency & Voir Dire Instruction Limits Introduction This commentary analyzes the Supreme Court of Arkansas’s decision in Eric...
Amendment 33 Enforcement: Safeguarding Constitutional Boards’ Powers Against Usurpation

Amendment 33 Enforcement: Safeguarding Constitutional Boards’ Powers Against Usurpation

Date: Jun 10, 2025
Amendment 33 Enforcement: Safeguarding Constitutional Boards’ Powers Against Usurpation Introduction The Supreme Court of Arkansas’s decision in Sarah Sanders et al. v. Arkansas Board of Corrections...
Fair and Just Reasons for Pre-Sentencing Plea Withdrawal: State v. Walter

Fair and Just Reasons for Pre-Sentencing Plea Withdrawal: State v. Walter

Date: Jun 10, 2025
Fair and Just Reasons for Pre-Sentencing Plea Withdrawal: State v. Walter Introduction State v. Walter is a landmark decision by the Supreme Court of Hawaiʻi, filed June 5, 2025, that clarifies and...
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