new-precedent-on... Case Commentaries

Attempted Armed Robbery Needs No Express Demand; Deliberate-Intent Murder May Be Proven by Circumstantial Timeline and Post-Offense Conduct: Commentary on State v. Sanders (N.M. 2025)

Date: Nov 5, 2025

Attempted Armed Robbery Needs No Express Demand; Deliberate-Intent Murder May Be Proven by Circumstantial Timeline and Post-Offense Conduct: Commentary on State v. Sanders (N.M. 2025) Note on...

Substantial Compliance and Denial of Improvement Period Extensions in West Virginia Abuse and Neglect Law: Commentary on In re S.D.-1 and S.D.-2

Date: Nov 5, 2025

Substantial Compliance and Denial of Improvement Period Extensions in West Virginia Abuse and Neglect Law: Commentary on In re S.D.-1 and S.D.-2 I. Introduction The Supreme Court of Appeals of West...

Strict Enforcement of the Written Motion Requirement and the Role of Parental Denial in Abuse and Neglect Dispositions: Commentary on In re T.G., J.R., and R.G.

Date: Nov 5, 2025

Strict Enforcement of the Written Motion Requirement and the Role of Parental Denial in Abuse and Neglect Dispositions: Commentary on In re T.G., J.R., and R.G. I. Introduction The Supreme Court of...

Appellate Deference and Post‑Termination Visitation: Commentary on In re N.D., T.D., and S.D. (W. Va. 2025)

Date: Nov 5, 2025

Appellate Deference and Post‑Termination Visitation: Commentary on In re N.D., T.D., and S.D. (W. Va. 2025) Introduction The memorandum decision in In re N.D., T.D., and S.D., No. 24‑713 (W. Va. Nov....

Implicit “No Reasonable Likelihood” Findings and Refusal to Acknowledge Substance Abuse in Termination of Parental Rights: Commentary on In re J.P. (W. Va. 2025)

Date: Nov 5, 2025

Implicit “No Reasonable Likelihood” Findings and Refusal to Acknowledge Substance Abuse in Termination of Parental Rights: Commentary on In re J.P. (W. Va. 2025) I. Introduction The Supreme Court of...

In re M.W.: Severe Child Trauma, Limits on Reunification Efforts, and Termination of Parental Rights Despite Parental Rehabilitation

Date: Nov 5, 2025

In re M.W.: Severe Child Trauma, Limits on Reunification Efforts, and Termination of Parental Rights Despite Parental Rehabilitation I. Introduction The Supreme Court of Appeals of West Virginia’s...

“Jumping Through Hoops” Is Not Enough: Acknowledgment of Abuse as a Prerequisite to Improvement Periods and the Termination of Custodial Rights in West Virginia – Commentary on In re E.A., C.A., and M.A.

Date: Nov 5, 2025

“Jumping Through Hoops” Is Not Enough: Acknowledgment of Abuse as a Prerequisite to Improvement Periods and the Termination of Custodial Rights in West Virginia Introduction The Supreme Court of...

Denial, Noncompliance, and Prior Terminations as Grounds for Immediate Termination of Parental Rights: Commentary on In re J.O.

Date: Nov 5, 2025

Denial, Noncompliance, and Prior Terminations as Grounds for Immediate Termination of Parental Rights: Commentary on In re J.O. I. Introduction The Supreme Court of Appeals of West Virginia’s...

In re G.M.: Reaffirming Discretion to Deny Improvement Periods and Terminate One Parent’s Rights Independently of the Other Parent

Date: Nov 5, 2025

In re G.M.: Reaffirming Discretion to Deny Improvement Periods and Terminate One Parent’s Rights Independently of the Other Parent I. Introduction The Supreme Court of Appeals of West Virginia’s...

Reaffirming the Sexual-Abuse Exception to Reasonable Efforts and the Strict Standard for Extending Improvement Periods: Commentary on In re C.N.

Date: Nov 5, 2025

Reaffirming the Sexual-Abuse Exception to Reasonable Efforts and the Strict Standard for Extending Improvement Periods: Commentary on In re C.N. I. Introduction This commentary analyzes the Supreme...

Impleader, Insurers, and Post‑Remand Timeliness: Nevada Supreme Court Limits Plaintiff Third‑Party Practice and Clarifies NRCP 81(c) — Commentary on Ohio Security Ins. Co. v. Eighth Judicial District Court (Gallagher)

Date: Nov 5, 2025

Impleader, Insurers, and Post‑Remand Timeliness: Nevada Supreme Court Limits Plaintiff Third‑Party Practice and Clarifies NRCP 81(c) — Commentary on Ohio Security Ins. Co. v. Eighth Judicial District...

Fortunet, Inc. v. Rosten: No Prejudgment Interest on NRS 18.010(2)(b) Attorney‑Fee Sanctions and Clarified Standards for Impracticable Apportionment

Date: Nov 5, 2025

Fortunet, Inc. v. Rosten: No Prejudgment Interest on NRS 18.010(2)(b) Attorney‑Fee Sanctions and Clarified Standards for Impracticable Apportionment I. Introduction This commentary analyzes the...

Fortunet, Inc. v. Coronel: No Prejudgment Interest on Sanction-Based Attorney Fees and Strict Limits on Duplicative Fee Awards

Date: Nov 5, 2025

Fortunet, Inc. v. Coronel: No Prejudgment Interest on Sanction-Based Attorney Fees and Strict Limits on Duplicative Fee Awards I. Introduction The Nevada Supreme Court’s order in Fortunet, Inc. v....

MDT Noncompliance as Harmless Error and the Scope of “Reasonable Efforts” in Termination of Parental Rights: Commentary on In re J.B. and A.B.

Date: Nov 5, 2025

MDT Noncompliance as Harmless Error and the Scope of “Reasonable Efforts” in Termination of Parental Rights: Commentary on In re J.B. and A.B. I. Introduction The Supreme Court of Appeals of West...

Judicial Duty to Decide and Structure Post‑Termination Visitation in West Virginia Abuse and Neglect Cases: Commentary on In re D.D.-1, D.D.-2, D.D.-3, D.D.-4, and D.K.

Date: Nov 5, 2025

Judicial Duty to Decide and Structure Post‑Termination Visitation in West Virginia Abuse and Neglect Cases Commentary on In re D.D.-1, D.D.-2, D.D.-3, D.D.-4, and D.K., No. 24-584 (W. Va. Nov. 4,...

Reaffirming Termination as the Sole Disposition When Improvement Efforts Fail and Contact with an Abuser Continues: Commentary on In re N.D., T.D., and S.D.

Date: Nov 5, 2025

Reaffirming Termination as the Sole Disposition When Improvement Efforts Fail and Contact with an Abuser Continues: Commentary on In re N.D., T.D., and S.D. I. Introduction The Supreme Court of...

In re C.W.: Reaffirming Parental Preference and Limiting Grandparent Visitation After Abuse-and-Neglect Reunification

Date: Nov 5, 2025

In re C.W.: Reaffirming Parental Preference and Limiting Grandparent Visitation After Abuse-and-Neglect Reunification I. Introduction The West Virginia Supreme Court of Appeals’ memorandum decision...

Credible Child Sexual Abuse Disclosures, Parental Non‑Acknowledgment, and Termination of Parental Rights: Commentary on In re W.W. and L.W.

Date: Nov 5, 2025

Credible Child Sexual Abuse Disclosures, Parental Non‑Acknowledgment, and Termination of Parental Rights: Commentary on In re W.W. and L.W. 1. Introduction The Supreme Court of Appeals of West...

In re H.F.: Failure to Complete Inpatient Treatment and Provide Corroboration as Grounds for Termination of Parental Rights in West Virginia

Date: Nov 5, 2025

In re H.F.: Failure to Complete Inpatient Treatment and Provide Corroboration as Grounds for Termination of Parental Rights in West Virginia I. Introduction The Supreme Court of Appeals of West...

Denial of Improvement Periods Where Parents “Go Through the Motions” Without Accepting Responsibility: Commentary on In re T.G., J.R., and R.G.

Date: Nov 5, 2025

Denial of Improvement Periods Where Parents “Go Through the Motions” Without Accepting Responsibility: Commentary on In re T.G., J.R., and R.G. I. Introduction This memorandum decision of the Supreme...

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