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

Only Claimants May Initiate Hearings on Compensation and Income Benefits under Idaho Code § 72-706: Employers Cannot File “Complaints” to Litigate an Employee’s Entitlement

Only Claimants May Initiate Hearings on Compensation and Income Benefits under Idaho Code § 72-706: Employers Cannot File “Complaints” to Litigate an Employee’s Entitlement

Date: Nov 16, 2025
Only Claimants May Initiate Hearings on Compensation and Income Benefits under Idaho Code § 72-706: Employers Cannot File “Complaints” to Litigate an Employee’s Entitlement Introduction In Coronado...
No “Balance-Tipping” Presumption in Occupational Disease Claims: Clarified Burdens of Proof in Weeks v. Oneida County (Idaho 2025)

No “Balance-Tipping” Presumption in Occupational Disease Claims: Clarified Burdens of Proof in Weeks v. Oneida County (Idaho 2025)

Date: Nov 16, 2025
No “Balance-Tipping” Presumption in Occupational Disease Claims: Clarified Burdens of Proof in Weeks v. Oneida County (Idaho 2025) Introduction In Weeks v. Oneida County, the Idaho Supreme Court...
Remoteness Alone Does Not Bar Admission of Prior Domestic Abuse Under Rule 404(2): State v. Adams

Remoteness Alone Does Not Bar Admission of Prior Domestic Abuse Under Rule 404(2): State v. Adams

Date: Nov 16, 2025
Remoteness Alone Does Not Bar Admission of Prior Domestic Abuse Under Rule 404(2): State v. Adams Introduction In State v. Adams, 320 Neb. 316 (Neb. Nov. 14, 2025), the Nebraska Supreme Court...
Preserving Errors at Sentencing: State v. Dawn Clarifies Forfeiture of § 29-2204.02 Reasoning and Advisement Challenges

Preserving Errors at Sentencing: State v. Dawn Clarifies Forfeiture of § 29-2204.02 Reasoning and Advisement Challenges

Date: Nov 16, 2025
Preserving Errors at Sentencing: State v. Dawn Clarifies Forfeiture of § 29-2204.02 Reasoning and Advisement Challenges Introduction In State v. Dawn, 320 Neb. 342 (2025), the Nebraska Supreme Court...
In re Wagle: Generic Conflict Waivers Are Insufficient, and Seeking a Waiver Does Not Establish a “Knowing” KRPC 1.7 Violation

In re Wagle: Generic Conflict Waivers Are Insufficient, and Seeking a Waiver Does Not Establish a “Knowing” KRPC 1.7 Violation

Date: Nov 16, 2025
In re Wagle: Generic Conflict Waivers Are Insufficient, and Seeking a Waiver Does Not Establish a “Knowing” KRPC 1.7 Violation Introduction This commentary analyzes the Kansas Supreme Court’s...
Domestic‑Violence Misdemeanor Conviction Suffices to Disarm: Kansas Upholds Five‑Year Firearm Ban Without Individual Dangerousness Finding

Domestic‑Violence Misdemeanor Conviction Suffices to Disarm: Kansas Upholds Five‑Year Firearm Ban Without Individual Dangerousness Finding

Date: Nov 16, 2025
Domestic‑Violence Misdemeanor Conviction Suffices to Disarm: Kansas Upholds Five‑Year Firearm Ban Without Individual Dangerousness Finding Introduction In State v. McCray (Kan. Nov. 14, 2025), the...
CPLR 3211(a)(4) Deference to Sister‑State Wrongful‑Injunction Proceedings: Dissolution of the Injunction Does Not Defeat Dismissal for Another Action Pending

CPLR 3211(a)(4) Deference to Sister‑State Wrongful‑Injunction Proceedings: Dissolution of the Injunction Does Not Defeat Dismissal for Another Action Pending

Date: Nov 16, 2025
CPLR 3211(a)(4) Deference to Sister‑State Wrongful‑Injunction Proceedings: Dissolution of the Injunction Does Not Defeat Dismissal for Another Action Pending Case: 417 N. Comanche Street, LLC v....
Herman v. Judlau: No-Exhaustion Rule and Contractor-Only Liability for Prevailing-Wage Violations on NYC Public Works

Herman v. Judlau: No-Exhaustion Rule and Contractor-Only Liability for Prevailing-Wage Violations on NYC Public Works

Date: Nov 16, 2025
Herman v. Judlau: No-Exhaustion Rule and Contractor-Only Liability for Prevailing-Wage Violations on NYC Public Works Introduction In Herman v. Judlau Contracting, Inc., the Appellate Division, First...
First Department Clarifies: No CPLR 3408 Conference or CPLR 3215(c) Tolling in Estate-Representative Foreclosures; Filing an RJI Does Not Prevent Abandonment

First Department Clarifies: No CPLR 3408 Conference or CPLR 3215(c) Tolling in Estate-Representative Foreclosures; Filing an RJI Does Not Prevent Abandonment

Date: Nov 16, 2025
First Department Clarifies: No CPLR 3408 Conference or CPLR 3215(c) Tolling in Estate-Representative Foreclosures; Filing an RJI Does Not Prevent Abandonment Introduction In Municipal Credit Union v....
Conclusive Presumption Limited: NRS 617.455(5) Does Not Eliminate the “Noxious Gases” Exposure Requirement for First‑Responder Lung‑Disease Claims

Conclusive Presumption Limited: NRS 617.455(5) Does Not Eliminate the “Noxious Gases” Exposure Requirement for First‑Responder Lung‑Disease Claims

Date: Nov 16, 2025
Conclusive Presumption Limited: NRS 617.455(5) Does Not Eliminate the “Noxious Gases” Exposure Requirement for First‑Responder Lung‑Disease Claims Case: Holguin v. City of Henderson, 141 Nev.,...
“Holiday” in NRS 286.025 and NRS 288.150 Includes Negotiated Holidays: PERS Must Collect Retirement Contributions on CBA-Defined Holiday Pay; Juneteenth Recognized in Nevada as of June 17, 2021

“Holiday” in NRS 286.025 and NRS 288.150 Includes Negotiated Holidays: PERS Must Collect Retirement Contributions on CBA-Defined Holiday Pay; Juneteenth Recognized in Nevada as of June 17, 2021

Date: Nov 16, 2025
“Holiday” in NRS 286.025 and NRS 288.150 Includes Negotiated Holidays: PERS Must Collect Retirement Contributions on CBA-Defined Holiday Pay; Juneteenth Recognized in Nevada as of June 17, 2021...
Not Complete on Mailing: Venue Lies Where False Instruments Are Delivered Under NRS 205.110 and NRS 239.330

Not Complete on Mailing: Venue Lies Where False Instruments Are Delivered Under NRS 205.110 and NRS 239.330

Date: Nov 16, 2025
Not Complete on Mailing: Venue Lies Where False Instruments Are Delivered Under NRS 205.110 and NRS 239.330 Introduction In State v. DeGraffenreid, III (James) (Criminal), No. 89064 (Nev. Nov. 13,...
No Administrative Exhaustion Required for Estates of Deceased Inmates under NRS 41.0322 and NRS 209.243

No Administrative Exhaustion Required for Estates of Deceased Inmates under NRS 41.0322 and NRS 209.243

Date: Nov 16, 2025
No Administrative Exhaustion Required for Estates of Deceased Inmates under NRS 41.0322 and NRS 209.243 Introduction In State, Department of Corrections v. Eighth Judicial District Court (Caperonis),...
Regulatory Certainty over Speculation: DEC may finalize a complete SPDES renewal without reopening for an unripe compliance project; permittee‑initiated modification and compliance schedules are the proper vehicles

Regulatory Certainty over Speculation: DEC may finalize a complete SPDES renewal without reopening for an unripe compliance project; permittee‑initiated modification and compliance schedules are the proper vehicles

Date: Nov 16, 2025
Regulatory Certainty over Speculation: DEC may finalize a complete SPDES renewal without reopening for an unripe compliance project; permittee‑initiated modification and compliance schedules are the...
Moon v. County of Columbia (2025): Civil Service Law § 75(2) Representation Rights Do Not Attach to Neutral HR Fact-Finding, and Narrative Hearing Reports Can Suffice Without Charge-by-Charge Guilty Findings

Moon v. County of Columbia (2025): Civil Service Law § 75(2) Representation Rights Do Not Attach to Neutral HR Fact-Finding, and Narrative Hearing Reports Can Suffice Without Charge-by-Charge Guilty Findings

Date: Nov 16, 2025
Moon v. County of Columbia (2025): Civil Service Law § 75(2) Representation Rights Do Not Attach to Neutral HR Fact-Finding, and Narrative Hearing Reports Can Suffice Without Charge-by-Charge Guilty...
Ohio Supreme Court Confirms No-Credit Rule for Interim Remedial Suspensions and Tightens Substance-Use Mitigation: Disciplinary Counsel v. Norton (2025-Ohio-5091)

Ohio Supreme Court Confirms No-Credit Rule for Interim Remedial Suspensions and Tightens Substance-Use Mitigation: Disciplinary Counsel v. Norton (2025-Ohio-5091)

Date: Nov 16, 2025
Ohio Supreme Court Confirms No-Credit Rule for Interim Remedial Suspensions and Tightens Substance-Use Mitigation: Disciplinary Counsel v. Norton (2025-Ohio-5091) Introduction and Case Overview In...
Takings Without Borders: Ohio’s Self-Executing Takings Clause Confers Standing to Seek Mandamus for Inverse Condemnation Against a Foreign Municipality

Takings Without Borders: Ohio’s Self-Executing Takings Clause Confers Standing to Seek Mandamus for Inverse Condemnation Against a Foreign Municipality

Date: Nov 16, 2025
Takings Without Borders: Ohio’s Self-Executing Takings Clause Confers Standing to Seek Mandamus for Inverse Condemnation Against a Foreign Municipality Case: State ex rel. Boggs v. Cleveland, Slip...
No Final Disclosures, No Set-Aside: Montana Supreme Court Clarifies § 40-4-253(5), MCA Requires Perjury in a Final Declaration and Sanctions Vexatious Appeals

No Final Disclosures, No Set-Aside: Montana Supreme Court Clarifies § 40-4-253(5), MCA Requires Perjury in a Final Declaration and Sanctions Vexatious Appeals

Date: Nov 16, 2025
No Final Disclosures, No Set-Aside: Montana Supreme Court Clarifies § 40-4-253(5), MCA Requires Perjury in a Final Declaration and Sanctions Vexatious Appeals Introduction In In re the Marriage of...
Exhaustion, Heavy-Burden Remands, and Unfulfilled Threats: The Second Circuit’s Summary Order in Reyes‑Chavarria v. Bondi

Exhaustion, Heavy-Burden Remands, and Unfulfilled Threats: The Second Circuit’s Summary Order in Reyes‑Chavarria v. Bondi

Date: Nov 16, 2025
Exhaustion, Heavy-Burden Remands, and Unfulfilled Threats: The Second Circuit’s Summary Order in Reyes‑Chavarria v. Bondi Introduction In Reyes‑Chavarria v. Bondi, No. 24-1315 (2d Cir. Nov. 13, 2025)...
No PSG Defined by Harm; Exhaustion Required: Second Circuit in Rojas-Toledo and the 2025 AG Reset of Domestic-Violence Asylum Law

No PSG Defined by Harm; Exhaustion Required: Second Circuit in Rojas-Toledo and the 2025 AG Reset of Domestic-Violence Asylum Law

Date: Nov 16, 2025
No PSG Defined by Harm; Exhaustion Required: Second Circuit in Rojas-Toledo and the 2025 AG Reset of Domestic-Violence Asylum Law Introduction In Rojas-Toledo v. Bondi, No. 24-500 (2d Cir. Nov. 13,...
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