interpreting-&amp Case Commentaries

“Sensitive Places” in the Modern City: Times Square and Public Transit Upheld; Open-Carry Bans and City-Specific Permits Presumptively Constitutional after Bruen

Date: Sep 24, 2025

“Sensitive Places” in the Modern City: Times Square and Public Transit Upheld; Open-Carry Bans and City-Specific Permits Presumptively Constitutional after Bruen Introduction In Frey v. City of New...

Entwinement Doesn’t Reach Party Identity: Eleventh Circuit Affirms District Courts May Resolve Disputed LLC Membership on a Rule 12(b)(1) Factual Attack to Determine Diversity

Date: Sep 24, 2025

Entwinement Doesn’t Reach Party Identity: Eleventh Circuit Affirms District Courts May Resolve Disputed LLC Membership on a Rule 12(b)(1) Factual Attack to Determine Diversity Introduction In...

No Third-Party Dissemination and Self-Imposed Decisions Do Not Create Article III Standing in FCRA Disputes

Date: Sep 24, 2025

No Third-Party Dissemination and Self-Imposed Decisions Do Not Create Article III Standing in FCRA Disputes Introduction In Lashonda Peeples v. National Data Research, Inc. (d.b.a. Integrascan), No....

"Exceptional Services" Fees May Include Equipment Charges: Connecticut Supreme Court Recasts § 14-63-36c(c) as a Posting Requirement, Not a Labor-Only Cap

Date: Sep 24, 2025

"Exceptional Services" Fees May Include Equipment Charges: Connecticut Supreme Court Recasts § 14-63-36c(c) as a Posting Requirement, Not a Labor-Only Cap Introduction In Modzelewski's Towing &...

State v. Henderson: No Per Se Extreme Emotional Disturbance Instruction in Intimate‑Partner Homicides; Loss of Self‑Control Must Be Shown and Postcrime Evasion Undercuts the Defense

Date: Sep 24, 2025

State v. Henderson: No Per Se Extreme Emotional Disturbance Instruction in Intimate‑Partner Homicides; Loss of Self‑Control Must Be Shown and Postcrime Evasion Undercuts the Defense Introduction In...

Credibility Over Formality: Verbal Light‑Duty Offers Do Not Automatically Terminate TTD; Deference to the Board of Review Controls under § 23‑4‑7a(e)

Date: Sep 24, 2025

Credibility Over Formality: Verbal Light‑Duty Offers Do Not Automatically Terminate TTD; Deference to the Board of Review Controls under § 23‑4‑7a(e) Introduction In Dainel Nicole Smith v. West...

Reasserting the “Light Most Favorable” Mandate and Jury Primacy for Extreme Emotional Disturbance Instructions: Justice Ecker’s Dissent in State v. Henderson

Date: Sep 24, 2025

Reasserting the “Light Most Favorable” Mandate and Jury Primacy for Extreme Emotional Disturbance Instructions: Justice Ecker’s Dissent in State v. Henderson Introduction In State v. Henderson...

Charging Official Cannot Preside: NH Supreme Court Requires Recusal of Fish & Game Executive Director and Confirms Certiorari Review for Volunteer Instructor Revocations

Date: Sep 20, 2025

Charging Official Cannot Preside: Recusal Required for Agency Head Who Signed Revocation; Certiorari Is the Proper Review Path Introduction In Petition of Dean, 2025 N.H 44, the New Hampshire Supreme...

Fixing the Real Party in Interest at Filing and Limiting Rule 41(b) Dismissals: Vermont Supreme Court Clarifies Rule 17(a)/Rule 25(c) Framework in Ditech Financial LLC v. Brisson (2025 VT 54)

Date: Sep 20, 2025

Fixing the Real Party in Interest at Filing and Limiting Rule 41(b) Dismissals: Vermont Supreme Court Clarifies Rule 17(a)/Rule 25(c) Framework in Ditech Financial LLC v. Brisson (2025 VT 54)...

Independent Source Doctrine Purges Taint of Unlawful Cell-Phone Seizure: Commentary on State v. Rodriguez, 2025 N.H. 43

Date: Sep 20, 2025

Independent Source Doctrine Purges Taint of Unlawful Cell-Phone Seizure: State v. Rodriguez, 2025 N.H. 43 Introduction In State v. Rodriguez, 2025 N.H. 43, the Supreme Court of New Hampshire affirmed...

Actual Value Controls Over Productivity Schedules: No Certified Appraisal Required, and Agencies Must Find Market Value

Date: Sep 19, 2025

Actual Value Controls Over Productivity Schedules: No Certified Appraisal Required, and Agencies Must Find Market Value Introduction In Pallansch v. Roberts County, 2025 S.D. 52, the Supreme Court of...

No Written Findings Needed When Denying Child-Support Deviation; Extracurricular Costs Are Included in Guideline Support — In the Matter of Carr & Carr (N.H. 2025)

Date: Sep 18, 2025

No Written Findings Needed When Denying Child-Support Deviation; Extracurricular Costs Are Included in Guideline Support Commentary on In the Matter of Clara Carr and Ryan Carr, Supreme Court of New...

New Hampshire Narrows Crime-Fraud Exception to Intended Fraud and Confirms Common-Interest Privilege Requires Pending Litigation

Date: Sep 17, 2025

New Hampshire Narrows Crime-Fraud Exception to Intended Fraud and Confirms Common-Interest Privilege Requires Pending Litigation Introduction In Atl. Anesthesia, P.A. v. Lehrer, 2025 N.H. 42, the...

State v. Rue: No plain‑error relief for felony‑murder instructional complaint under a general first-degree murder verdict; reaffirmation of trial courts’ discretion to give initial‑aggressor self‑defense instructions

Date: Sep 17, 2025

State v. Rue: No plain‑error relief for felony‑murder instructional complaint under a general first-degree murder verdict; reaffirmation of trial courts’ discretion to give initial‑aggressor...

Roberts Reaffirms Objective Pretext Doctrine and Recorded-Consent Vehicle Searches in West Virginia

Date: Sep 17, 2025

Roberts Reaffirms Objective Pretext Doctrine and Recorded-Consent Vehicle Searches in West Virginia Introduction In State of West Virginia v. Steven Verrell Roberts, No. 23-422 (W. Va. Sept. 16,...

State v. Austin: Voluntary Intoxication and Diminished Capacity Limits, Narrow “Opening the Door,” and What Counts as an Overt Act for Attempted First-Degree Murder

Date: Sep 17, 2025

State v. Austin: Voluntary Intoxication and Diminished Capacity Limits, Narrow “Opening the Door,” and What Counts as an Overt Act for Attempted First-Degree Murder Introduction In State of West...

No “Child’s-Choice” Visitation Without Findings and a Plan: In re H.C. Reinforces Child-Centered Continued-Association Standards in Guardianship Cases

Date: Sep 17, 2025

No “Child’s-Choice” Visitation Without Findings and a Plan: In re H.C. Reinforces Child-Centered Continued-Association Standards in Guardianship Cases Introduction In a memorandum decision issued...

No “Neighborhood Expert” Workaround: Connecticut Treats Euphemistic Gang Testimony as Inadmissible Absent Foundation and Significant Probative Value — Commentary on State v. Dixon (Conn. 2025)

Date: Sep 17, 2025

No “Neighborhood Expert” Workaround: Connecticut Treats Euphemistic Gang Testimony as Inadmissible Absent Foundation and Significant Probative Value Case: State v. Dixon, Supreme Court of...

Neighborhood “Beef” Evidence Equals Gang-Affiliation Evidence: Admissibility, Scope-Limiting, and Harmless Error in Expert Testimony (State v. Dixon, Conn. 2025)

Date: Sep 17, 2025

Neighborhood “Beef” Evidence Equals Gang-Affiliation Evidence: Admissibility, Scope-Limiting, and Harmless Error in Expert Testimony (State v. Dixon, Conn. 2025) Introduction In State v. Dixon, the...

De Novo Review for Rule 59(J) “Clearly Erroneous” Motions and Limits on Using Video/Intoxication to Prove Contributory Negligence as a Matter of Law

Date: Sep 16, 2025

De Novo Review for Rule 59(J) “Clearly Erroneous” Motions and Limits on Using Video/Intoxication to Prove Contributory Negligence as a Matter of Law Introduction In Indianapolis Public Transportation...

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