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  • Commentaries
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new-precedent-on... Case Commentaries

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

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)

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

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

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...
“At Any Time” Means At Any Time: Minnesota High Court Allows Unlimited Window to Seek Withdrawal of TPR Admissions and Imposes Prima Facie Hearing Threshold

“At Any Time” Means At Any Time: Minnesota High Court Allows Unlimited Window to Seek Withdrawal of TPR Admissions and Imposes Prima Facie Hearing Threshold

Date: Sep 18, 2025
“At Any Time” Means At Any Time: Minnesota High Court Allows Unlimited Window to Seek Withdrawal of TPR Admissions and Imposes Prima Facie Hearing Threshold Decision: In the Matter of the Welfare of...
“Redundant Remedies, Not Redundant Claims”: Gonzalez v. Texas Medical Board and the Scope of Judicial Review of Agency Regulation of Political Speech

“Redundant Remedies, Not Redundant Claims”: Gonzalez v. Texas Medical Board and the Scope of Judicial Review of Agency Regulation of Political Speech

Date: Sep 18, 2025
“Redundant Remedies, Not Redundant Claims”: Gonzalez v. Texas Medical Board and the Scope of Judicial Review of Agency Regulation of Political Speech I. Introduction The Supreme Court of Texas’s...
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)

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

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

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

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

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

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)

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)

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

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...
Limiting Colorado Minimum Wage Act Claims to the Wage Claim Act’s Two- and Three-Year Statute of Limitations: Commentary on By the Rockies, LLC v. Perez

Limiting Colorado Minimum Wage Act Claims to the Wage Claim Act’s Two- and Three-Year Statute of Limitations: Commentary on By the Rockies, LLC v. Perez

Date: Sep 16, 2025
Limiting Colorado Minimum Wage Act Claims to the Wage Claim Act’s Two- and Three-Year Statute of Limitations: Commentary on By the Rockies, LLC v. Perez I. Introduction In By the Rockies, LLC, and...
Minimum Wage Act Claims Borrow the Wage Claim Act’s Two-/Three-Year Limitations Period

Minimum Wage Act Claims Borrow the Wage Claim Act’s Two-/Three-Year Limitations Period

Date: Sep 16, 2025
Minimum Wage Act Claims Borrow the Wage Claim Act’s Two-/Three-Year Limitations Period I. Introduction By the Rockies, LLC v. Perez, 2025 CO 56, resolves a recurring gap in Colorado wage-and-hour...
COML Cure Doctrine Confirmed; Prevailing-Party Fees When Violation Is Proven and Cure Occurs Only After Suit

COML Cure Doctrine Confirmed; Prevailing-Party Fees When Violation Is Proven and Cure Occurs Only After Suit

Date: Sep 16, 2025
COML Cure Doctrine Confirmed; Prevailing-Party Fees When Violation Is Proven and Cure Occurs Only After Suit Case: O'Connell v. Woodland Park School District, 2025 CO 55 (Colo. Sept. 15, 2025) Court:...
Unsworn Statements Cannot Create Fact Disputes, But May Prompt Rule 56(e) Cure Orders: Third Circuit’s Precedential Clarification in Lauria v. Lieb

Unsworn Statements Cannot Create Fact Disputes, But May Prompt Rule 56(e) Cure Orders: Third Circuit’s Precedential Clarification in Lauria v. Lieb

Date: Sep 13, 2025
Unsworn Statements Cannot Create Fact Disputes, But May Prompt Rule 56(e) Cure Orders: The Third Circuit’s Precedential Clarification in Lauria v. Lieb Introduction In a precedential opinion, the...
United States v. Mosley: Post-Esteras boundaries on revocation sentencing—no § 3553(a)(2)(A) retribution, “ballpark” deference, and unified justification for prison and supervision

United States v. Mosley: Post-Esteras boundaries on revocation sentencing—no § 3553(a)(2)(A) retribution, “ballpark” deference, and unified justification for prison and supervision

Date: Sep 13, 2025
United States v. Mosley: Post-Esteras boundaries on revocation sentencing—no § 3553(a)(2)(A) retribution, “ballpark” deference, and unified justification for prison and supervision Introduction In...
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