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imputation-of-agent& Case Commentaries

Acquiescence by Acceptance: Kansas Supreme Court Limits Void‑Judgment Claims and Recognizes Standalone Appellate Fee Jurisdiction

Acquiescence by Acceptance: Kansas Supreme Court Limits Void‑Judgment Claims and Recognizes Standalone Appellate Fee Jurisdiction

Date: Aug 9, 2025
Acquiescence by Acceptance: Kansas Supreme Court Limits Void‑Judgment Claims and Recognizes Standalone Appellate Fee Jurisdiction Introduction In Tharrett v. Everett, the Kansas Supreme Court...
The “Brewster Rule”: Exceptions Remain a Mandatory Prerequisite to Appellate Review After the 2024 Amendments to Court of Chancery Rule 144

The “Brewster Rule”: Exceptions Remain a Mandatory Prerequisite to Appellate Review After the 2024 Amendments to Court of Chancery Rule 144

Date: Aug 9, 2025
The “Brewster Rule”: Exceptions Remain a Mandatory Prerequisite to Appellate Review After the 2024 Amendments to Court of Chancery Rule 144 1. Introduction In In the Matter of Rolf D. Brewster, a...
Indefinite Suspension with Mandatory Restitution for Dishonest Post-Error Conduct: In re McDowell

Indefinite Suspension with Mandatory Restitution for Dishonest Post-Error Conduct: In re McDowell

Date: Aug 9, 2025
Indefinite Suspension with Mandatory Restitution for Dishonest Post-Error Conduct: In re McDowell Introduction In re McDowell is a Kansas Supreme Court attorney discipline decision arising from a...
State v. Holt (Kan. 2025): Fact-Based Gatekeeping for Postconviction DNA Testing Under K.S.A. 21-2512(c)

State v. Holt (Kan. 2025): Fact-Based Gatekeeping for Postconviction DNA Testing Under K.S.A. 21-2512(c)

Date: Aug 9, 2025
State v. Holt (Kan. 2025): Fact-Based Gatekeeping for Postconviction DNA Testing Under K.S.A. 21-2512(c) Introduction In State v. Holt, the Kansas Supreme Court clarifies an important threshold rule...
People v. Goberdhan: VTL § 600 Applies Off‑Highway; Use of Juror Numbers/Initials Is Not a Mode‑of‑Proceedings Error Absent Objection

People v. Goberdhan: VTL § 600 Applies Off‑Highway; Use of Juror Numbers/Initials Is Not a Mode‑of‑Proceedings Error Absent Objection

Date: Aug 8, 2025
People v. Goberdhan: VTL § 600 Applies Off‑Highway; Use of Juror Numbers/Initials Is Not a Mode‑of‑Proceedings Error Absent Objection Introduction This commentary examines the Appellate Division,...
People v. Reinfurt: Marijuana Legalization Does Not Retroactively Nullify Prior Out‑of‑State Marijuana Convictions for Second Felony Offender Status; Attempted Felony Assault under PL 120.10(4) Is Not Cognizable

People v. Reinfurt: Marijuana Legalization Does Not Retroactively Nullify Prior Out‑of‑State Marijuana Convictions for Second Felony Offender Status; Attempted Felony Assault under PL 120.10(4) Is Not Cognizable

Date: Aug 8, 2025
People v. Reinfurt: Marijuana Legalization Does Not Retroactively Nullify Prior Out‑of‑State Marijuana Convictions for Second Felony Offender Status; Attempted Felony Assault under PL 120.10(4) Is...
Reaffirming the One-Continuous-Transaction Doctrine and the M’Naghten Insanity Standard in Capital Cases: Commentary on Martez Abram v. State of Mississippi (2025)

Reaffirming the One-Continuous-Transaction Doctrine and the M’Naghten Insanity Standard in Capital Cases: Commentary on Martez Abram v. State of Mississippi (2025)

Date: Aug 8, 2025
Reaffirming the One-Continuous-Transaction Doctrine and the M’Naghten Insanity Standard in Capital Cases Comprehensive Commentary on Martez Abram a/k/a Martez Tarrell Abram v. State of Mississippi,...
Post‑Commencement CARES Act Stimulus Is Separate Property and Not Child Support: Commentary on Ricky SS. v. Christine SS. (2025 NY Slip Op 04602)

Post‑Commencement CARES Act Stimulus Is Separate Property and Not Child Support: Commentary on Ricky SS. v. Christine SS. (2025 NY Slip Op 04602)

Date: Aug 8, 2025
Post‑Commencement CARES Act Stimulus Is Separate Property and Not Child Support: The Third Department’s Clarification in Ricky SS. v. Christine SS. Case: Ricky SS. v. Christine SS. (2025 NY Slip Op...
Covenant Not to Execute ≠ Release: First Department Adopts Majority Rule Preserving Insurer’s Indemnity Exposure After Consent Judgment with Assignment

Covenant Not to Execute ≠ Release: First Department Adopts Majority Rule Preserving Insurer’s Indemnity Exposure After Consent Judgment with Assignment

Date: Aug 8, 2025
Covenant Not to Execute ≠ Release: First Department Adopts Majority Rule Preserving Insurer’s Indemnity Exposure After Consent Judgment with Assignment Introduction In Geiger v. Hudson Excess...
Mere-Continuation Successor Liability Can Reach Multiple Asset Purchasers at the Pleading Stage: Commentary on Avamer 57 Fee LLC v. Hunter Boot USA LLC (2025 NY Slip Op 04607)

Mere-Continuation Successor Liability Can Reach Multiple Asset Purchasers at the Pleading Stage: Commentary on Avamer 57 Fee LLC v. Hunter Boot USA LLC (2025 NY Slip Op 04607)

Date: Aug 8, 2025
Mere-Continuation Successor Liability Can Reach Multiple Asset Purchasers at the Pleading Stage Commentary on Avamer 57 Fee LLC v. Hunter Boot USA LLC (App Div, 1st Dept, Aug. 7, 2025) Executive...

        Streamlining the “Vexatious Litigator” Designation in Ohio:
        An Analysis of the Supreme Court’s 08 / 05 / 2025 Case Announcements (2025-Ohio-2749)

Streamlining the “Vexatious Litigator” Designation in Ohio: An Analysis of the Supreme Court’s 08 / 05 / 2025 Case Announcements (2025-Ohio-2749)

Date: Aug 7, 2025
Streamlining the “Vexatious Litigator” Designation in Ohio: An Analysis of the Supreme Court’s 08 / 05 / 2025 Case Announcements (2025-Ohio-2749) Introduction The Supreme Court of Ohio’s Case...
State v. Rushing (2025): Clarifying Fundamental-Error Review for Visible Restraints in Capital Sentencing

State v. Rushing (2025): Clarifying Fundamental-Error Review for Visible Restraints in Capital Sentencing

Date: Aug 7, 2025
State v. Rushing (2025): Clarifying Fundamental-Error Review for Visible Restraints in Capital Sentencing Introduction State of Arizona v. Jasper Phillip Rushing is the Arizona Supreme Court’s most...
Voluntary Dismissal No Longer a “Failure”: Wyoming Supreme Court Narrows the Savings Statute in Ellis v. Hiser (2025 WY 87)

Voluntary Dismissal No Longer a “Failure”: Wyoming Supreme Court Narrows the Savings Statute in Ellis v. Hiser (2025 WY 87)

Date: Aug 7, 2025
Voluntary Dismissal No Longer a “Failure”: Wyoming Supreme Court Narrows the Savings Statute in Ellis v. Hiser (2025 WY 87) Dianna Ellis, as Wrongful Death Representative for the Estate of Burke...
“No-Waiver Veto”: The Supreme Court of Montana Affirms an Absolute Parental Veto over ICWA Transfer Requests

“No-Waiver Veto”: The Supreme Court of Montana Affirms an Absolute Parental Veto over ICWA Transfer Requests

Date: Aug 7, 2025
“No-Waiver Veto”: The Supreme Court of Montana Affirms an Absolute Parental Veto over ICWA Transfer Requests Introduction In Matter of J.B., YINC, 2025 MT 170 (DA 24-0516), the Supreme Court of...
State v. Alford (2025 MT 171): Montana Supreme Court Affirms the Constitutionality of Mandatory Minimum Custodial Sentences for 4th-and-Subsequent DUI Offenses

State v. Alford (2025 MT 171): Montana Supreme Court Affirms the Constitutionality of Mandatory Minimum Custodial Sentences for 4th-and-Subsequent DUI Offenses

Date: Aug 7, 2025
State v. Alford (2025 MT 171): Montana Supreme Court Affirms the Constitutionality of Mandatory Minimum Custodial Sentences for 4th-and-Subsequent DUI Offenses 1. Introduction The Montana Supreme...
Montana Supreme Court Reaffirms Need for Notice and Hearing Before Trial-Court Determination of Ineffective Assistance

Montana Supreme Court Reaffirms Need for Notice and Hearing Before Trial-Court Determination of Ineffective Assistance

Date: Aug 7, 2025
Montana Supreme Court Reaffirms Need for Notice and Hearing Before Trial-Court Determination of Ineffective Assistance Introduction Case: State v. B. Kelsey (2025 MT 173N, DA 23-0230) – non-citable...
State v. Vaska (2025): Consolidating Reasonable-Time Probable-Cause Determinations and Re-Anchoring the “Ability-to-Pay” Rule for Criminal Fines

State v. Vaska (2025): Consolidating Reasonable-Time Probable-Cause Determinations and Re-Anchoring the “Ability-to-Pay” Rule for Criminal Fines

Date: Aug 7, 2025
State v. Vaska (Mont. 2025): Consolidating Reasonable-Time Probable-Cause Determinations and Re-Anchoring the “Ability-to-Pay” Rule for Criminal Fines 1. Introduction In State v. Harlan G. Vaska,...

        “Scrupulous & Meticulous”: The Montana Supreme Court’s Re-affirmation of
        Ability-to-Pay Findings and Accurate Credit for Time Served in State v. M. Sullivan

“Scrupulous & Meticulous”: The Montana Supreme Court’s Re-affirmation of Ability-to-Pay Findings and Accurate Credit for Time Served in State v. M. Sullivan

Date: Aug 7, 2025
“Scrupulous & Meticulous”: The Montana Supreme Court’s Re-affirmation of Ability-to-Pay Findings and Accurate Credit for Time Served in State v. M. Sullivan 1. Introduction The appeal in State v....
State v. Keech (2025): Revocation Sentences, Concurrent–Consecutive Designations, and the “Facial Illegality” Escape Hatch from Res Judicata

State v. Keech (2025): Revocation Sentences, Concurrent–Consecutive Designations, and the “Facial Illegality” Escape Hatch from Res Judicata

Date: Aug 7, 2025
State v. Keech (2025): Revocation Sentences, Concurrent–Consecutive Designations, and the “Facial Illegality” Escape Hatch from Res Judicata Introduction State v. Keech, 2025 MT 169, is a sweeping...
The Implicit-Abandonment Rule in Credibility Appeals: A Commentary on Chen v. Bondi (2d Cir. 2025)

The Implicit-Abandonment Rule in Credibility Appeals: A Commentary on Chen v. Bondi (2d Cir. 2025)

Date: Aug 7, 2025
The Implicit-Abandonment Rule in Credibility Appeals: How Chen v. Bondi Strengthens Border-Interview Evidence and Clarifies Pattern-or-Practice Proof 1. Introduction Chen v. Bondi, No. 23-6508 (2d...
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