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Maher v. Maher: Vermont Supreme Court Affirms Trial-Court Discretion to Confine Long‑Weekend Parenting Time to the Child’s Residence and to Prioritize Primary‑Caregiver and Community‑Continuity...
No Immunity Without Compliance: Vermont Affirms Tow-Company Duty of Care and Sufficiency of Owner Testimony for Missing Vehicle Contents Grey Barreda v. Handy's Service Center, Vermont Supreme Court,...
Easements Run With the Dominant Estate They Are Granted To: No Expansion to After-Acquired Parcels Absent Express Grant or Necessity Introduction This commentary examines the Vermont Supreme Court’s...
Ownership Without Certificates: Paid‑In Shares and Corporate Records Determine Stock Interests Under Guam’s Clear‑Error Review Introduction In Franklin J. Gutierrez, Individually and as...
Limiting Anderson’s First‑Filed Rule: District Courts Need Not Defer to the Industrial Commission on Idaho Code § 72‑209(3) “Willful or Unprovoked Physical Aggression” — Dominguez Partially Overruled...
Row v. State: Shinn Is Not a Trigger for Successive State Post‑Conviction Relief and Rule 44.2 Does Not Create a Right to Effective Post‑Conviction Counsel Introduction In Row v. State, the Idaho...
Traditional Standing vs. Contractual Entitlement: Guam Supreme Court Limits “Abandonment” and Recalibrates Summary Judgment Burdens in Cho v. Alupang Beach Club (2025 Guam 3) Introduction In a...
ADA Noncompliance Is Not a Defense to Termination of Parental Rights in New Hampshire Commentary on In re K.O., 2025 N.H. 39 (N.H. Sept. 4, 2025) Introduction In In re K.O., 2025 N.H. 39, the New...
Massey v. State: Delaware Supreme Court Confirms Threshold Indicia of Falsity Required to Impeach with Prior Sexual Assault Allegations; Affirms Trial Courts’ Discretion to Allow Child-Comfort Aids...
Admissibility and Diligence as Gatekeepers in Successive Rule 3.851 Motions: Florida Supreme Court Rejects Third-Party Confession Declarations and “New Support for Old Claims” Introduction In Ernest...
Fraud Scienter Clarified and Disclosure Act Accrual Fixed at Closing: The Idaho Supreme Court’s Dual Holdings in VanRenselaar v. Batres Introduction In VanRenselaar v. Batres, the Idaho Supreme Court...
Facility‑Specific “Rate for Direct Care Costs,” Not Group “Price,” Controls the 60% Quality‑Pool Allocation: A Textualist Course Correction in Medicaid Nursing‑Home Payments Case Overview Decision:...
“Taxes Relating to the Property” in Liquidation MOUs: No Implied Duty to Reserve for a Debtor’s Capital Gains; Extrinsic Evidence Controls Before Contra Proferentem Introduction Gabert v. Seaman,...
Johnson v. State Farm (Mont. 2025): Attorney Fees Are Part of “Made Whole,” But Only for Covered Losses; Coverage‑Segmented Subrogation Clarified Introduction In Johnson v. State Farm Ins., 2025 MT...
Probable Cause Must Exist at the Moment of Seizure: Montana Supreme Court Clarifies the Line Between Extended Traffic Stops and Evidentiary Vehicle Seizures Introduction In State v....
Harmlessness of Replaying Testimonial Evidence Absent a “Particularized Need,” and Strict Prerequisites for Structural Error in Jury Selection — Commentary on State v. Purkhiser (Montana Supreme...
Connecticut Adopts a Balancing Test for Prearrest Delay Under the State Due Process Clauses: Commentary on State v. McFarland (2025) Introduction State v. McFarland is a landmark decision of the...
State v. McFarland: Connecticut Adopts a State Due Process Balancing Test for Pre‑Accusation Delay—Concurrence Urges Retaining Marion–Lovasco Introduction In State v. McFarland (Conn. Sept. 2, 2025),...