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  • Commentaries
  • Judgments

new-precedent-on... Case Commentaries

Jurisdictional Discovery, Sanctions, and Collateral Estoppel in Diversity Litigation: Commentary on Brown v. Montgomery

Jurisdictional Discovery, Sanctions, and Collateral Estoppel in Diversity Litigation: Commentary on Brown v. Montgomery

Date: Dec 20, 2025
Jurisdictional Discovery Sanctions and the Limits of Collateral Estoppel in Diversity Cases: Commentary on Brown v. Montgomery Commentary on: Kimberly Jean Brown v. Michelle Montgomery, et al., No....
United States v. Collins: Limits on Post‑Investigation Tax Compliance and Hearsay‑Based Expert Testimony in Proving Willfulness

United States v. Collins: Limits on Post‑Investigation Tax Compliance and Hearsay‑Based Expert Testimony in Proving Willfulness

Date: Dec 20, 2025
United States v. Collins: Limits on Post‑Investigation Tax Compliance and Hearsay‑Based Expert Testimony in Proving Willfulness I. Introduction The Seventh Circuit’s decision in United States v....
Helping vs. Harming: The Eleventh Circuit Narrows Subjective Recklessness in Pretrial Detainee Suicide Cases

Helping vs. Harming: The Eleventh Circuit Narrows Subjective Recklessness in Pretrial Detainee Suicide Cases

Date: Dec 19, 2025
Helping vs. Harming: The Eleventh Circuit Narrows Subjective Recklessness in Pretrial Detainee Suicide Cases I. Introduction The Eleventh Circuit’s published decision in Racheal Gantt v. Deputy...
State v. Andersen and the Presumption of Prejudice from Court-Staff Comments on Evidence During Jury Deliberations

State v. Andersen and the Presumption of Prejudice from Court-Staff Comments on Evidence During Jury Deliberations

Date: Dec 19, 2025
State v. Andersen and the Presumption of Prejudice from Court-Staff Comments on Evidence During Jury Deliberations I. Introduction In State v. Andersen, 2025 MT 293, the Montana Supreme Court...
Carelon Behavioral Health, Inc. v. State: No Declaratory or Mandamus Work‑Around to the Procurement Act’s Bar on Judicial Review

Carelon Behavioral Health, Inc. v. State: No Declaratory or Mandamus Work‑Around to the Procurement Act’s Bar on Judicial Review

Date: Dec 19, 2025
Carelon Behavioral Health, Inc. v. State of Idaho: No Declaratory or Mandamus Work‑Around to the Procurement Act’s Bar on Judicial Review I. Introduction In Carelon Behavioral Health, Inc. v. State,...
Moore‑Reed v. Griffin: Limiting the Exoneration Requirement in Criminal‑Defense Malpractice to Conviction‑Based Harms

Moore‑Reed v. Griffin: Limiting the Exoneration Requirement in Criminal‑Defense Malpractice to Conviction‑Based Harms

Date: Dec 19, 2025
Moore‑Reed v. Griffin: Limiting the Exoneration Requirement in Criminal‑Defense Malpractice to Conviction‑Based Harms Court: Supreme Court of Oregon (En Banc) Citation: 374 Or 596 (2025) Date:...
Specific Jurisdiction and Divergent Streams of Commerce: The Nevada Supreme Court Adopts an End‑Product / Derivative‑Product Framework in Franceschi v. LG Chem

Specific Jurisdiction and Divergent Streams of Commerce: The Nevada Supreme Court Adopts an End‑Product / Derivative‑Product Framework in Franceschi v. LG Chem

Date: Dec 19, 2025
Specific Jurisdiction and Divergent Streams of Commerce: The Nevada Supreme Court Adopts an End‑Product / Derivative‑Product Framework in Franceschi v. LG Chem I. Introduction In Franceschi v. LG...
Delayed Disclosure, Context Evidence, and Expert–Lay Boundaries in Child Sexual Abuse Trials: Commentary on Airan Hernandez Mendez v. Commonwealth of Kentucky

Delayed Disclosure, Context Evidence, and Expert–Lay Boundaries in Child Sexual Abuse Trials: Commentary on Airan Hernandez Mendez v. Commonwealth of Kentucky

Date: Dec 19, 2025
Delayed Disclosure, Context Evidence, and Expert–Lay Boundaries in Child Sexual Abuse Trials: Commentary on Airan Hernandez Mendez v. Commonwealth of Kentucky I. Introduction In Airan Hernandez...
Indivisibility of Patient Safety Work Product and Limits on Peer Review Privilege: Commentary on Baptist Healthcare System, Inc. d/b/a Baptist Health Paducah v. Kitchen

Indivisibility of Patient Safety Work Product and Limits on Peer Review Privilege: Commentary on Baptist Healthcare System, Inc. d/b/a Baptist Health Paducah v. Kitchen

Date: Dec 19, 2025
Indivisibility of Patient Safety Work Product and Limits on Peer Review Privilege in Kentucky: Commentary on Baptist Healthcare System, Inc. d/b/a Baptist Health Paducah v. Kitchen Supreme Court of...
Transferred Intent, Complicity, and Youthful Offender Sentencing in Kentucky: Commentary on Sturgis v. Commonwealth

Transferred Intent, Complicity, and Youthful Offender Sentencing in Kentucky: Commentary on Sturgis v. Commonwealth

Date: Dec 19, 2025
Transferred Intent, Complicity, and Youthful Offender Sentencing in Kentucky: Commentary on Marique Q. Sturgis v. Commonwealth of Kentucky Court: Supreme Court of Kentucky (Memorandum Opinion, Not to...
Unrelated Drug Questioning During Ongoing Traffic Stops Permissible if It Does Not Prolong the Stop: Commentary on Randall Bays v. Commonwealth of Kentucky

Unrelated Drug Questioning During Ongoing Traffic Stops Permissible if It Does Not Prolong the Stop: Commentary on Randall Bays v. Commonwealth of Kentucky

Date: Dec 19, 2025
Unrelated Drug Questioning During Ongoing Traffic Stops Permissible if It Does Not Prolong the Stop: Commentary on Randall Bays v. Commonwealth of Kentucky I. Introduction This commentary examines...
Abandonment of Practice, Bar Roster Obligations, and Pattern Neglect: Commentary on In re Marcus Daniel Gale (Ky. 2025)

Abandonment of Practice, Bar Roster Obligations, and Pattern Neglect: Commentary on In re Marcus Daniel Gale (Ky. 2025)

Date: Dec 19, 2025
Abandonment of Practice, Bar Roster Obligations, and Pattern Neglect: Commentary on In re Marcus Daniel Gale (Ky. 2025) I. Introduction This published disciplinary opinion of the Supreme Court of...
Equity’s Shield for the Elected Incumbent: London City Council v. Weddle and the Limits of Interlocutory Relief in Municipal Ouster Appeals

Equity’s Shield for the Elected Incumbent: London City Council v. Weddle and the Limits of Interlocutory Relief in Municipal Ouster Appeals

Date: Dec 19, 2025
Equity’s Shield for the Elected Incumbent: London City Council v. Weddle and the Limits of Interlocutory Relief in Municipal Ouster Appeals I. Introduction The Supreme Court of Kentucky’s unpublished...
Waltrip v. Commonwealth: Voluntariness of Alford Pleas, Group Plea Colloquies, and Counsel’s Role in Plea Withdrawal Motions

Waltrip v. Commonwealth: Voluntariness of Alford Pleas, Group Plea Colloquies, and Counsel’s Role in Plea Withdrawal Motions

Date: Dec 19, 2025
Waltrip v. Commonwealth: Voluntariness of Alford Pleas, Group Plea Colloquies, and Counsel’s Role in Plea Withdrawal Motions I. Introduction The Supreme Court of Kentucky’s unpublished memorandum...
Kentucky Adopts the Livingston “Substantial Burden” Framework for RLUIPA Land‑Use Claims: Commentary on Missionaries of Saint John the Baptist, Inc. v. Frederic

Kentucky Adopts the Livingston “Substantial Burden” Framework for RLUIPA Land‑Use Claims: Commentary on Missionaries of Saint John the Baptist, Inc. v. Frederic

Date: Dec 19, 2025
Kentucky Adopts the Livingston “Substantial Burden” Framework for RLUIPA Land‑Use Claims Commentary on Missionaries of Saint John the Baptist, Inc. v. Frederic, Supreme Court of Kentucky (Dec. 18,...
Reaffirming Probated Suspensions and Treatment-Based Conditions for Alcohol‑Related Criminal Misconduct by Attorneys: Commentary on In re J. Todd P’Pool

Reaffirming Probated Suspensions and Treatment-Based Conditions for Alcohol‑Related Criminal Misconduct by Attorneys: Commentary on In re J. Todd P’Pool

Date: Dec 19, 2025
Reaffirming Probated Suspensions and Treatment-Based Conditions for Alcohol‑Related Criminal Misconduct by Attorneys: Commentary on In re J. Todd P’Pool I. Introduction The Supreme Court of...
Baptist Healthcare System, Inc. d/b/a Baptist Health Paducah v. Kitchen & Jones: Full Privilege for Root Cause Analyses Under the PSQIA and Limits on Incident Report Protection

Baptist Healthcare System, Inc. d/b/a Baptist Health Paducah v. Kitchen & Jones: Full Privilege for Root Cause Analyses Under the PSQIA and Limits on Incident Report Protection

Date: Dec 19, 2025
Baptist Healthcare System, Inc. d/b/a Baptist Health Paducah v. Kitchen & Jones (Ky. 2025): Full Protection for Root Cause Analyses Under the PSQIA and No Privilege for Mandatory Incident Reports I....
Statutory COVID-19 Immunity Requires a Causal Nexus to the Pandemic: Commentary on Jackson v. Mayfield Ky Opco, LLC

Statutory COVID-19 Immunity Requires a Causal Nexus to the Pandemic: Commentary on Jackson v. Mayfield Ky Opco, LLC

Date: Dec 19, 2025
Statutory COVID-19 Immunity Requires a Causal Nexus to the Pandemic: Commentary on Jackson v. Mayfield Ky Opco, LLC I. Introduction The Supreme Court of Kentucky’s decision in Hollie Jackson, as...
The “Reasonably Articulable Basis” Test for Special and Local Legislation under Kentucky Constitution Sections 59 and 60: Commentary on Russell Coleman v. Jefferson County Board of Education

The “Reasonably Articulable Basis” Test for Special and Local Legislation under Kentucky Constitution Sections 59 and 60: Commentary on Russell Coleman v. Jefferson County Board of Education

Date: Dec 19, 2025
The “Reasonably Articulable Basis” Test for Special and Local Legislation under Sections 59 and 60 of the Kentucky Constitution 1. Introduction This commentary analyzes the Kentucky Supreme Court’s...
Discretionary Denial of Indefinite Suspension for Failure to Answer Bar Charges: In re McLaughlin and the Role of Mitigation and KYLAP in Kentucky Lawyer Discipline

Discretionary Denial of Indefinite Suspension for Failure to Answer Bar Charges: In re McLaughlin and the Role of Mitigation and KYLAP in Kentucky Lawyer Discipline

Date: Dec 19, 2025
Discretionary Denial of Indefinite Suspension for Failure to Answer Bar Charges: In re McLaughlin and the Role of Mitigation and KYLAP in Kentucky Lawyer Discipline I. Introduction In In re: Arthur...
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