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

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...
Calibrating Sanctions for Intentional Fee Conversion and Systemic Neglect: Commentary on Lawyer Disciplinary Board v. Freeman (Ewing, J., Concurring in Part and Dissenting in Part)

Calibrating Sanctions for Intentional Fee Conversion and Systemic Neglect: Commentary on Lawyer Disciplinary Board v. Freeman (Ewing, J., Concurring in Part and Dissenting in Part)

Date: Nov 13, 2025
Calibrating Sanctions for Intentional Fee Conversion and Systemic Neglect: Commentary on Lawyer Disciplinary Board v. Benjamin R. Freeman (Ewing, J., Concurring in Part and Dissenting in Part) I....
In re D.T.: Statutory Limits on Successive Improvement Periods and the Parent’s Duty to Proactively Remedy Noncompliance

In re D.T.: Statutory Limits on Successive Improvement Periods and the Parent’s Duty to Proactively Remedy Noncompliance

Date: Nov 13, 2025
In re D.T.: Statutory Limits on Successive Improvement Periods and the Parent’s Duty to Proactively Remedy Noncompliance I. Introduction The Supreme Court of Appeals of West Virginia’s memorandum...
Refining the Misappropriation–Disbarment Presumption: A Commentary on Lawyer Disciplinary Board v. Freeman

Refining the Misappropriation–Disbarment Presumption: A Commentary on Lawyer Disciplinary Board v. Freeman

Date: Nov 13, 2025
Refining the Misappropriation–Disbarment Presumption: Commentary on Lawyer Disciplinary Board v. Benjamin R. Freeman I. Introduction The Supreme Court of Appeals of West Virginia’s decision in Lawyer...
Non-Imputation of Neglect Among Siblings and the Role of Adjudicatory Findings in West Virginia Abuse and Neglect Proceedings: Commentary on In re H.B., R.B., B.S., P.S., O.S., & I.S.

Non-Imputation of Neglect Among Siblings and the Role of Adjudicatory Findings in West Virginia Abuse and Neglect Proceedings: Commentary on In re H.B., R.B., B.S., P.S., O.S., & I.S.

Date: Nov 13, 2025
Non-Imputation of Neglect Among Siblings and the Role of Adjudicatory Findings in West Virginia Abuse and Neglect Proceedings Commentary on In re H.B., R.B., B.S., P.S., O.S., & I.S., No. 24-206 (W....
Mandatory Consideration of “Battered Parent” Status in West Virginia Abuse and Neglect Proceedings: Commentary on In re J.F.-1, C.F., and L.H.

Mandatory Consideration of “Battered Parent” Status in West Virginia Abuse and Neglect Proceedings: Commentary on In re J.F.-1, C.F., and L.H.

Date: Nov 13, 2025
Mandatory Consideration of “Battered Parent” Status in West Virginia Abuse and Neglect Proceedings: Commentary on In re J.F.-1, C.F., and L.H. Case: In re J.F.-1, C.F., and L.H., No. 24-306 (W. Va....
Fraud Between Spouses Under Rule 60(b)(3): Trumble v. Trumble and the Duty of Full Asset Disclosure in Divorce Settlements

Fraud Between Spouses Under Rule 60(b)(3): Trumble v. Trumble and the Duty of Full Asset Disclosure in Divorce Settlements

Date: Nov 13, 2025
Fraud Between Spouses Under Rule 60(b)(3): Trumble v. Trumble and the Duty of Full Asset Disclosure in Divorce Settlements I. Introduction The South Dakota Supreme Court’s decision in Trumble v....
Baseless Allegations of Judicial Fabrication as Professional Misconduct: Commentary on In re Discipline of Volesky, 2025 S.D. 62

Baseless Allegations of Judicial Fabrication as Professional Misconduct: Commentary on In re Discipline of Volesky, 2025 S.D. 62

Date: Nov 13, 2025
Baseless Allegations of Judicial Fabrication as Professional Misconduct: Commentary on In re Discipline of Volesky, 2025 S.D. 62 I. Introduction The South Dakota Supreme Court’s decision in In the...
Narrowing Warrantless Container Searches Incident to Arrest in West Virginia: Commentary on State v. Allman

Narrowing Warrantless Container Searches Incident to Arrest in West Virginia: Commentary on State v. Allman

Date: Nov 13, 2025
Constraining Warrantless Container Searches Incident to Arrest in West Virginia: A Commentary on State of West Virginia v. Michael Keith Allman I. Introduction In State of West Virginia v. Michael...
Non‑Statutory Grandparent Visitation Does Not Survive Stepparent Adoption in West Virginia: Commentary on In re Adoption of K.J.

Non‑Statutory Grandparent Visitation Does Not Survive Stepparent Adoption in West Virginia: Commentary on In re Adoption of K.J.

Date: Nov 13, 2025
Non‑Statutory Grandparent Visitation Does Not Survive Stepparent Adoption in West Virginia: Commentary on In re Adoption of K.J. I. Introduction The Supreme Court of Appeals of West Virginia’s...
Expert Testimony and Technical Construction Disputes in Contract and Tort: Commentary on RTI, LLC v. Pro Engineering, Inc., 2025 S.D. 64

Expert Testimony and Technical Construction Disputes in Contract and Tort: Commentary on RTI, LLC v. Pro Engineering, Inc., 2025 S.D. 64

Date: Nov 13, 2025
Expert Testimony and Technical Construction Disputes in Contract and Tort: Commentary on RTI, LLC v. Pro Engineering, Inc., 2025 S.D. 64 I. Introduction RTI, LLC v. Pro Engineering, Inc., 2025 S.D....
Coyle v. McFarland: Excusable Neglect, Rule 56(f) Continuances, and Public Right‑of‑Way Disputes in South Dakota Trespass Law

Coyle v. McFarland: Excusable Neglect, Rule 56(f) Continuances, and Public Right‑of‑Way Disputes in South Dakota Trespass Law

Date: Nov 13, 2025
Coyle v. McFarland: Excusable Neglect, Rule 56(f) Continuances, and Public Right‑of‑Way Disputes in South Dakota Trespass Law I. Introduction In Coyle v. McFarland, 2025 S.D. 63, the South Dakota...
Implied Addition of Compensable Conditions and the Moore Presumption in West Virginia Workers’ Compensation Law: Commentary on Comas v. Bass Pro Group, LLC

Implied Addition of Compensable Conditions and the Moore Presumption in West Virginia Workers’ Compensation Law: Commentary on Comas v. Bass Pro Group, LLC

Date: Nov 13, 2025
Implied Addition of Compensable Conditions and the Moore Presumption in West Virginia Workers’ Compensation Law: Commentary on Comas v. Bass Pro Group, LLC I. Introduction The Supreme Court of...
State v. Dolen: Independent Expert Use of Fusion Center Cell‑Site Mapping and the Scope of “Concession” Kidnapping in West Virginia

State v. Dolen: Independent Expert Use of Fusion Center Cell‑Site Mapping and the Scope of “Concession” Kidnapping in West Virginia

Date: Nov 13, 2025
State v. Dolen: Independent Expert Use of Fusion Center Cell‑Site Mapping and the Scope of “Concession” Kidnapping in West Virginia I. Introduction The Supreme Court of Appeals of West Virginia’s...
State ex rel. Urban v. Hardy: West Virginia Adopts the Sell Test and a Clear-and-Convincing Standard for Involuntary Medication to Restore Competency

State ex rel. Urban v. Hardy: West Virginia Adopts the Sell Test and a Clear-and-Convincing Standard for Involuntary Medication to Restore Competency

Date: Nov 13, 2025
State ex rel. Urban v. Hardy: West Virginia Adopts the Sell Test and a Clear-and-Convincing Standard for Involuntary Medication to Restore Competency I. Introduction In State of West Virginia ex rel....
Delaware Supreme Court Clarifies Workers’ Compensation Subrogation Against UIM Proceeds Is Limited to “Boardable” Damages (ProAssurance v. Manz)

Delaware Supreme Court Clarifies Workers’ Compensation Subrogation Against UIM Proceeds Is Limited to “Boardable” Damages (ProAssurance v. Manz)

Date: Nov 12, 2025
Workers’ Compensation Subrogation Against UIM Proceeds Is Limited to “Boardable” Damages: Delaware Supreme Court Applies Henry II in ProAssurance v. Manz Introduction In ProAssurance Group d/b/a...
Nevada Supreme Court Requires Express Reservation to Seek Post‑Offer Interest on Punitive Damages in Stipulated Judgments

Nevada Supreme Court Requires Express Reservation to Seek Post‑Offer Interest on Punitive Damages in Stipulated Judgments

Date: Nov 12, 2025
Nevada Supreme Court Requires Express Reservation to Seek Post‑Offer Interest on Punitive Damages in Stipulated Judgments Introduction In CWIK v. BEARDSLEY (Supreme Court of Nevada, Nov. 10, 2025),...
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