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  • Commentaries
  • Judgments

new-precedent-on... Case Commentaries

No Inherent Power to Reconsider: Indiana Supreme Court Bars Boards of Zoning Appeals from Revoking Final Decisions Absent Statutory Authority

No Inherent Power to Reconsider: Indiana Supreme Court Bars Boards of Zoning Appeals from Revoking Final Decisions Absent Statutory Authority

Date: Nov 14, 2025
No Inherent Power to Reconsider: Indiana Supreme Court Bars Boards of Zoning Appeals from Revoking Final Decisions Absent Statutory Authority I. Introduction In Monroe County Board of Zoning Appeals...
Reaffirming the “Intimate Knowledge” Standard: Technical Reviewer Testimony and the Confrontation Clause After Smith v. Arizona – Commentary on Busby v. State

Reaffirming the “Intimate Knowledge” Standard: Technical Reviewer Testimony and the Confrontation Clause After Smith v. Arizona – Commentary on Busby v. State

Date: Nov 14, 2025
Reaffirming the “Intimate Knowledge” Standard: Technical Reviewer Testimony and the Confrontation Clause After Smith v. Arizona Commentary on Jeffrey Dale Busby v. State of Mississippi, Miss. Sup....
Miller v. State and the Sufficiency of Aggravated Assault Indictments Omitting “Recklessly” in Mississippi

Miller v. State and the Sufficiency of Aggravated Assault Indictments Omitting “Recklessly” in Mississippi

Date: Nov 14, 2025
Miller v. State and the Sufficiency of Aggravated Assault Indictments Omitting “Recklessly” in Mississippi I. Introduction In Willis Miller v. State of Mississippi (Miss. Sup. Ct., Nov. 13, 2025),...
Death of a Legal Guardian as a Material Change Justifying Termination of Parental Rights on Modification of Disposition: Commentary on In re R.B.

Death of a Legal Guardian as a Material Change Justifying Termination of Parental Rights on Modification of Disposition: Commentary on In re R.B.

Date: Nov 14, 2025
Death of a Legal Guardian as a Material Change Justifying Termination of Parental Rights on Modification of Disposition: Commentary on In re R.B. 1. Introduction The decision in In re R.B., No....
Reaffirming Strict Timeliness for As‑Applied Lethal Injection and McCoy Claims at the Warrant Stage: Commentary on Randolph v. State of Florida

Reaffirming Strict Timeliness for As‑Applied Lethal Injection and McCoy Claims at the Warrant Stage: Commentary on Randolph v. State of Florida

Date: Nov 14, 2025
Reaffirming Strict Timeliness for As‑Applied Lethal Injection and McCoy Claims at the Warrant Stage: Commentary on Randolph v. State of Florida & Randolph v. Secretary, DOC I. Introduction The...
Issue Preservation and the Limits of Judicial Modification in Administrative Appeals: Commentary on Lydia Downs‑Jamal v. West Virginia Department of Human Services

Issue Preservation and the Limits of Judicial Modification in Administrative Appeals: Commentary on Lydia Downs‑Jamal v. West Virginia Department of Human Services

Date: Nov 14, 2025
Issue Preservation and the Limits of Judicial Modification in Administrative Appeals: Commentary on Lydia Downs‑Jamal v. West Virginia Department of Human Services I. Introduction The Supreme Court...
In re Petition of D.K.: Plea-and-Diversion Dismissals Are “In Exchange for a Guilty Plea” and Not Expungeable Under Former W. Va. Code § 61‑11‑25(a)

In re Petition of D.K.: Plea-and-Diversion Dismissals Are “In Exchange for a Guilty Plea” and Not Expungeable Under Former W. Va. Code § 61‑11‑25(a)

Date: Nov 14, 2025
In re Petition of D.K.: Plea-and-Diversion Dismissals Are “In Exchange for a Guilty Plea” and Not Expungeable Under Former W. Va. Code § 61‑11‑25(a) I. Introduction The Supreme Court of Appeals of...
Expired Judgments and Trust Funds: Pro Rata Distribution of MDL Refunds in Thompson v. Estate of Lee

Expired Judgments and Trust Funds: Pro Rata Distribution of MDL Refunds in Thompson v. Estate of Lee

Date: Nov 14, 2025
Expired Judgments and Trust Funds: Pro Rata Distribution of MDL Refunds in Thompson & Dixon v. Estate of Lee I. Introduction In Gloria Thompson and Deborah Dixon v. The Estate of Herbert Lee, Jr.,...
In re M.B.: The Foster Child Bill of Rights as Best‑Interest Factors and the Permissibility of Amish Foster Placements

In re M.B.: The Foster Child Bill of Rights as Best‑Interest Factors and the Permissibility of Amish Foster Placements

Date: Nov 14, 2025
In re M.B.: The Foster Child Bill of Rights as Best‑Interest Factors and the Permissibility of Amish Foster Placements 1. Introduction The Supreme Court of Appeals of West Virginia’s decision in In...
Special Exceptions and Planned Unit Developments in Mississippi: Mohiuddin v. Jackson County Board of Supervisors

Special Exceptions and Planned Unit Developments in Mississippi: Mohiuddin v. Jackson County Board of Supervisors

Date: Nov 14, 2025
Special Exceptions May Authorize Non‑Permitted Uses in Planned Unit Developments: Commentary on Mohiuddin v. Jackson County Board of Supervisors I. Introduction This commentary analyzes the...
Substance Matters: Third Circuit Affirms that the Totality of an Employer’s Contract Proposals Can Evidence Bad-Faith Bargaining; Impasse Barred and Remedy Challenges Forfeited Absent §10(e) Preservation

Substance Matters: Third Circuit Affirms that the Totality of an Employer’s Contract Proposals Can Evidence Bad-Faith Bargaining; Impasse Barred and Remedy Challenges Forfeited Absent §10(e) Preservation

Date: Nov 13, 2025
Substance Matters: Third Circuit Affirms that the Totality of an Employer’s Contract Proposals Can Evidence Bad-Faith Bargaining; Impasse Barred and Remedy Challenges Forfeited Absent §10(e)...
Preserve It or Lose It: Third Circuit Requires Section 10(e) Preservation to Challenge Thryv Make‑Whole Remedies and Affirms Bad‑Faith Bargaining Based on the Substance of Employer Proposals

Preserve It or Lose It: Third Circuit Requires Section 10(e) Preservation to Challenge Thryv Make‑Whole Remedies and Affirms Bad‑Faith Bargaining Based on the Substance of Employer Proposals

Date: Nov 13, 2025
Preserve It or Lose It: Third Circuit Requires Section 10(e) Preservation to Challenge Thryv Make‑Whole Remedies and Affirms Bad‑Faith Bargaining Based on the Substance of Employer Proposals...
Fifth Circuit Clarifies: Absenteeism Alone Does Not Trigger IDEA Child Find, and Attendance-Based Lack of Instruction Can Defeat Eligibility

Fifth Circuit Clarifies: Absenteeism Alone Does Not Trigger IDEA Child Find, and Attendance-Based Lack of Instruction Can Defeat Eligibility

Date: Nov 13, 2025
Fifth Circuit Clarifies: Absenteeism Alone Does Not Trigger IDEA Child Find, and Attendance-Based Lack of Instruction Can Defeat Eligibility Introduction In A.P. v. Pearland Independent School...
Miscalendaring from ECF Notice Is Not Excusable Neglect under Rule 8002(d); No Hearing Required Absent Request — Tenth Circuit BAP Affirms

Miscalendaring from ECF Notice Is Not Excusable Neglect under Rule 8002(d); No Hearing Required Absent Request — Tenth Circuit BAP Affirms

Date: Nov 13, 2025
Miscalendaring from ECF Notice Is Not Excusable Neglect under Rule 8002(d); No Hearing Required Absent Request — Tenth Circuit BAP Affirms Introduction In Douglas Gould v. KT Weaver, the United...
Partial § 1631 Transfers Do Not Divest Jurisdiction to Reconsider Non‑Transferred Claims: The Tenth Circuit’s Guidance in SeedX v. Lincoln Strategy

Partial § 1631 Transfers Do Not Divest Jurisdiction to Reconsider Non‑Transferred Claims: The Tenth Circuit’s Guidance in SeedX v. Lincoln Strategy

Date: Nov 13, 2025
Partial § 1631 Transfers Do Not Divest Jurisdiction to Reconsider Non‑Transferred Claims: The Tenth Circuit’s Guidance in SeedX v. Lincoln Strategy Introduction SeedX, Inc., a marketing and...
Partial § 1631 Transfers Do Not Divest the Transferor Court of Jurisdiction Over Non‑Transferred Claims: SeedX v. Lincoln Strategy Group (10th Cir. 2025)

Partial § 1631 Transfers Do Not Divest the Transferor Court of Jurisdiction Over Non‑Transferred Claims: SeedX v. Lincoln Strategy Group (10th Cir. 2025)

Date: Nov 13, 2025
Partial § 1631 Transfers Do Not Divest the Transferor Court of Jurisdiction Over Non‑Transferred Claims: SeedX v. Lincoln Strategy Group (10th Cir. 2025) Introduction In SeedX, Inc. v. Lincoln...
Intent, Not Contributions: Domestic Partnership Property Classification in Huang v. Kobbeman

Intent, Not Contributions: Domestic Partnership Property Classification in Huang v. Kobbeman

Date: Nov 13, 2025
Intent, Not Contributions: Domestic Partnership Property Classification in Huang v. Kobbeman I. Introduction The Alaska Supreme Court’s memorandum opinion in Catherine Huang v. Aaron Kobbeman (No....
No Abuse or Neglect Without Proof of Parental Knowledge of Pregnancy: Commentary on In re J.B.

No Abuse or Neglect Without Proof of Parental Knowledge of Pregnancy: Commentary on In re J.B.

Date: Nov 13, 2025
No Abuse or Neglect Without Proof of Parental Knowledge of Pregnancy: Commentary on the West Virginia Supreme Court’s Decision in In re J.B. 1. Introduction The Supreme Court of Appeals of West...
Specific Adjudicatory Findings as Statutory, Not Jurisdictional, Requirements in West Virginia Abuse and Neglect Law: Commentary on In re R.M., B.M., and H.M.

Specific Adjudicatory Findings as Statutory, Not Jurisdictional, Requirements in West Virginia Abuse and Neglect Law: Commentary on In re R.M., B.M., and H.M.

Date: Nov 13, 2025
Specific Adjudicatory Findings as Statutory, Not Jurisdictional, Requirements in West Virginia Abuse and Neglect Law Commentary on In re R.M., B.M., and H.M., Supreme Court of Appeals of West...
In re J.H.: Waiver of Venue Objections and Implicit “Welfare of the Child” Findings in West Virginia Termination of Parental Rights

In re J.H.: Waiver of Venue Objections and Implicit “Welfare of the Child” Findings in West Virginia Termination of Parental Rights

Date: Nov 13, 2025
In re J.H.: Waiver of Venue Objections and Implicit “Welfare of the Child” Findings in West Virginia Termination of Parental Rights I. Introduction The Supreme Court of Appeals of West Virginia’s...
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