restricting-general-jurisdiction:-second-circuit& Case Commentaries

Adequate Findings Over Form: Vermont Supreme Court Affirms Termination Without a Standalone “Stagnation” Section and Confirms Waiver of Child-Testimony Claim

Date: Sep 6, 2025

Adequate Findings Over Form: Vermont Supreme Court Affirms Termination Without a Standalone “Stagnation” Section and Confirms Waiver of Child-Testimony Claim Introduction This commentary examines the...

Qualified Immunity Shields Police in Landlord–Tenant Disputes When Abandonment Under 9 V.S.A. § 4462 Is Not Clearly Established

Date: Sep 6, 2025

Qualified Immunity Shields Police in Landlord–Tenant Disputes When Abandonment Under 9 V.S.A. § 4462 Is Not Clearly Established Court: Supreme Court of Vermont (Three-Justice Panel Entry Order) Case:...

Maher v. Maher: Vermont Supreme Court Affirms Trial-Court Discretion to Confine Long‑Weekend Parenting Time to the Child’s Residence and to Prioritize Primary‑Caregiver and Community‑Continuity Factors Under 15 V.S.A. § 665

Date: Sep 6, 2025

Maher v. Maher: Vermont Supreme Court Affirms Trial-Court Discretion to Confine Long‑Weekend Parenting Time to the Child’s Residence and to Prioritize Primary‑Caregiver and Community‑Continuity...

No Immunity Without Compliance: Vermont Affirms Tow-Company Duty of Care and Sufficiency of Owner Testimony for Missing Vehicle Contents

Date: Sep 6, 2025

No Immunity Without Compliance: Vermont Affirms Tow-Company Duty of Care and Sufficiency of Owner Testimony for Missing Vehicle Contents Grey Barreda v. Handy's Service Center, Vermont Supreme Court,...

Easements Run With the Dominant Estate They Are Granted To: No Expansion to After-Acquired Parcels Absent Express Grant or Necessity

Date: Sep 6, 2025

Easements Run With the Dominant Estate They Are Granted To: No Expansion to After-Acquired Parcels Absent Express Grant or Necessity Introduction This commentary examines the Vermont Supreme Court’s...

Ohio Supreme Court mandates facility‑specific “rate for direct care costs” drives 60% allocation to nursing‑home quality pool under R.C. 5165.26(E)

Date: Sep 4, 2025

Facility‑Specific “Rate for Direct Care Costs,” Not Group “Price,” Controls the 60% Quality‑Pool Allocation: A Textualist Course Correction in Medicaid Nursing‑Home Payments Case Overview Decision:...

Swearing-In Does Not Moot Eligibility Challenges; Election-Law Injunctions Must Satisfy Montana’s Four-Factor Test

Date: Sep 4, 2025

Swearing-In Does Not Moot Eligibility Challenges; Election-Law Injunctions Must Satisfy Montana’s Four-Factor Test Case: Bartel v. Middlestead, 2025 MT 195 (Mont. Sept. 2, 2025) Court: Supreme Court...

“Taxes Relating to the Property” in Liquidation MOUs: No Implied Duty to Reserve for a Debtor’s Capital Gains; Extrinsic Evidence Controls Before Contra Proferentem

Date: Sep 4, 2025

“Taxes Relating to the Property” in Liquidation MOUs: No Implied Duty to Reserve for a Debtor’s Capital Gains; Extrinsic Evidence Controls Before Contra Proferentem Introduction Gabert v. Seaman,...

Johnson v. State Farm (Mont. 2025): Attorney Fees Are Part of “Made Whole,” But Only for Covered Losses; Coverage‑Segmented Subrogation Clarified

Date: Sep 4, 2025

Johnson v. State Farm (Mont. 2025): Attorney Fees Are Part of “Made Whole,” But Only for Covered Losses; Coverage‑Segmented Subrogation Clarified Introduction In Johnson v. State Farm Ins., 2025 MT...

Probable Cause Must Exist at the Moment of Seizure: Montana Supreme Court Clarifies the Line Between Extended Traffic Stops and Evidentiary Vehicle Seizures

Date: Sep 4, 2025

Probable Cause Must Exist at the Moment of Seizure: Montana Supreme Court Clarifies the Line Between Extended Traffic Stops and Evidentiary Vehicle Seizures Introduction In State v....

Plain and Cumulative Error Narrowly Applied; Isolated Doyle Reference Deemed Nonprejudicial; Mandatory Jail‑Time Credit Correction — Commentary on State v. Martinez (2025 MT 197N)

Date: Sep 4, 2025

Plain and Cumulative Error Narrowly Applied; Isolated Doyle Reference Deemed Nonprejudicial; Mandatory Jail‑Time Credit Correction — Commentary on State v. Martinez (2025 MT 197N) Introduction This...

Harmlessness of Replaying Testimonial Evidence Absent a “Particularized Need,” and Strict Prerequisites for Structural Error in Jury Selection — Commentary on State v. Purkhiser (Montana Supreme Court)

Date: Sep 4, 2025

Harmlessness of Replaying Testimonial Evidence Absent a “Particularized Need,” and Strict Prerequisites for Structural Error in Jury Selection — Commentary on State v. Purkhiser (Montana Supreme...

Connecticut Adopts a Balancing Test for Prearrest Delay Under the State Due Process Clauses: Commentary on State v. McFarland (2025)

Date: Sep 4, 2025

Connecticut Adopts a Balancing Test for Prearrest Delay Under the State Due Process Clauses: Commentary on State v. McFarland (2025) Introduction State v. McFarland is a landmark decision of the...

State v. McFarland: Connecticut Adopts a State Due Process Balancing Test for Pre‑Accusation Delay—Concurrence Urges Retaining Marion–Lovasco

Date: Sep 4, 2025

State v. McFarland: Connecticut Adopts a State Due Process Balancing Test for Pre‑Accusation Delay—Concurrence Urges Retaining Marion–Lovasco Introduction In State v. McFarland (Conn. Sept. 2, 2025),...

Balancing, Not Bad Faith: Connecticut Adopts a Barker-Style Test for Prearrest Delay Due Process Claims

Date: Sep 4, 2025

Balancing, Not Bad Faith: Connecticut Adopts a Barker-Style Test for Prearrest Delay Due Process Claims Introduction In State v. McFarland (Second Concurrence), Supreme Court of Connecticut (Sept. 2,...

Toward a Balancing Test for Prearrest Delay Under the Connecticut Constitution: Justice Alexander’s Concurrence in State v. McFarland

Date: Sep 4, 2025

Toward a Balancing Test for Prearrest Delay Under the Connecticut Constitution: Justice Alexander’s Concurrence in State v. McFarland Introduction In State v. McFarland (Supreme Court of Connecticut,...

Cotenants’ Standing To Defend Absent Cotenants Against Adverse Possession, and Laches as a Bar to Century‑Old Land Court Claims: The Hawaiʻi Supreme Court’s Decision in In re Application of Pioneer Mill Co., Limited (2025)

Date: Sep 4, 2025

“Equity Aids the Vigilant”: Cotenants May Defend Absent Cotenants Against Adverse Possession, and Laches Bars a Century-Old Land Court Claim Introduction In a published opinion with far-reaching...

Comparable-Sales Over Speculation: Eleventh Circuit Affirms 40% Penalty Where Tax Court’s Independent Valuation Makes Zoning and §6103 Disputes Irrelevant

Date: Sep 4, 2025

Comparable-Sales Over Speculation: Eleventh Circuit Affirms 40% Penalty Where Tax Court’s Independent Valuation Makes Zoning and §6103 Disputes Irrelevant Introduction In Buckelew Farm, LLC (f.k.a....

“Restoration Period” Includes Functional Replacement of Lost Data; Audit and Covenant‑Compliance Costs Qualify as Extra Expenses After Electronic Equipment Failure (2d Cir. Summary Order)

Date: Sep 4, 2025

“Restoration Period” Includes Functional Replacement of Lost Data; Audit and Covenant‑Compliance Costs Qualify as Extra Expenses After Electronic Equipment Failure (2d Cir. Summary Order) Case: Ariz....

No Placeholders on Form I-589: Second Circuit Upholds Abandonment for Lack of “Specific Substantive Answers,” Highlights Withholding/CAT Standards, and Flags Counsel Conduct

Date: Sep 4, 2025

No Placeholders on Form I-589: Second Circuit Upholds Abandonment for Lack of “Specific Substantive Answers,” Highlights Withholding/CAT Standards, and Flags Counsel Conduct Introduction In...

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restricting-general-jurisdiction:-second-circuit& Case Commentaries

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