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  • Commentaries
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retrospective-application-of-prehire-labor-agreements:-laborers&amp Case Commentaries

State v. Evans (2025): Clarifying “More-Than-Minimal Familiarity” for Lay Identifications and Defining Reasonable Temporal Limits on CSLI Warrants

State v. Evans (2025): Clarifying “More-Than-Minimal Familiarity” for Lay Identifications and Defining Reasonable Temporal Limits on CSLI Warrants

Date: Aug 18, 2025
State v. Evans (Supreme Court of Connecticut, 2025): Clarifying “More-Than-Minimal Familiarity” for Lay Identifications and Defining Reasonable Temporal Limits on CSLI Warrants Introduction In State...
“From Familiar Faces to Fleeting Glimpses” — State v. Evans (2025) and the New, Broadened Standard for Lay-Witness Identifications from Surveillance Images

“From Familiar Faces to Fleeting Glimpses” — State v. Evans (2025) and the New, Broadened Standard for Lay-Witness Identifications from Surveillance Images

Date: Aug 18, 2025
“From Familiar Faces to Fleeting Glimpses”: State v. Evans (Conn. 2025) Expands the Admissibility of Lay-Witness Identifications from Surveillance Media 1. Introduction State v. Evans is a murder...
State v. Myers (2025):  Re-Drawing the Line Between Evidentiary and Constitutional Error in Third-Party Culpability Cases

State v. Myers (2025): Re-Drawing the Line Between Evidentiary and Constitutional Error in Third-Party Culpability Cases

Date: Aug 18, 2025
State v. Myers (Conn. 2025): Clarifying When the Exclusion of Third-Party Culpability Evidence is Merely Evidentiary, Not Constitutional Introduction State v. Myers, officially released on 12 August...
Extending Standing Under the Nebraska Uniform Power of Attorney Act: A Commentary on Kimball v. Rosedale Ranch, 319 Neb. 650 (2025)

Extending Standing Under the Nebraska Uniform Power of Attorney Act: A Commentary on Kimball v. Rosedale Ranch, 319 Neb. 650 (2025)

Date: Aug 16, 2025
Extending Standing Under the Nebraska Uniform Power of Attorney Act: A Commentary on Kimball v. Rosedale Ranch, 319 Neb. 650 (2025) Introduction The Nebraska Supreme Court’s decision in Kimball v....
Clarifying the Boundary Between Medical Screening and Strip Search: Sanchez v. Binghamton CSD (2d Cir. 2025)

Clarifying the Boundary Between Medical Screening and Strip Search: Sanchez v. Binghamton CSD (2d Cir. 2025)

Date: Aug 16, 2025
Clarifying the Boundary Between Medical Screening and Strip Search: Sanchez v. Binghamton City School District 1. Introduction Sanchez v. Binghamton City School District, No. 24-2125-cv, decided by...
The Kovac Default Doctrine: When Serial Misconduct and Procedural Default Mandate Revocation in Wisconsin Attorney Discipline

The Kovac Default Doctrine: When Serial Misconduct and Procedural Default Mandate Revocation in Wisconsin Attorney Discipline

Date: Aug 16, 2025
The Kovac Default Doctrine: Serial Misconduct + Procedural Default = Mandatory Revocation in Wisconsin Introduction Office of Lawyer Regulation v. Peter J. Kovac, 2025 WI 41 is the latest and most...
“Beyond the Furrow”: Ohio Supreme Court Holds that Items Used in Intermediate Farming Steps Qualify for the R.C. 5739.02(B)(42)(n) Sales/Use-Tax Exemption

“Beyond the Furrow”: Ohio Supreme Court Holds that Items Used in Intermediate Farming Steps Qualify for the R.C. 5739.02(B)(42)(n) Sales/Use-Tax Exemption

Date: Aug 15, 2025
“Beyond the Furrow”: Ohio Supreme Court Holds that Items Used in Intermediate Farming Steps Qualify for the R.C. 5739.02(B)(42)(n) Sales/Use-Tax Exemption 1. Introduction In Claugus Family Farm, L.P....
Affirming BTA’s Discretion in “Battles of Appraisals”: The Guide-Post Valuation Rule from Rover Pipeline, L.L.C. v. Harris

Affirming BTA’s Discretion in “Battles of Appraisals”: The Guide-Post Valuation Rule from Rover Pipeline, L.L.C. v. Harris

Date: Aug 15, 2025
Affirming BTA’s Discretion in “Battles of Appraisals” Rover Pipeline, L.L.C. v. Harris (2025-Ohio-2806) and the New Guide-Post Valuation Rule for Public-Utility Property Introduction The Supreme...
“State ex rel. Baker v. Treglia”: Ohio Supreme Court Affirms that Sexual-Assault Nurse Examiner (SANE) Records Are Exempt “Medical Records” Under the Public Records Act

“State ex rel. Baker v. Treglia”: Ohio Supreme Court Affirms that Sexual-Assault Nurse Examiner (SANE) Records Are Exempt “Medical Records” Under the Public Records Act

Date: Aug 15, 2025
Commentary on State ex rel. Baker v. Treglia (2025-Ohio-2816) Ohio Supreme Court Confirms SANE Records’ Non-Disclosure and Clarifies Limits on Statutory Damages and Costs in Public-Records Actions 1....
Commentary:  “Meritorious Defense” Now Encompasses Damages and Causation —  Green v. Johnson, 28296 (S.C. 2025)

Commentary: “Meritorious Defense” Now Encompasses Damages and Causation — Green v. Johnson, 28296 (S.C. 2025)

Date: Aug 15, 2025
“Meritorious Defense” Now Encompasses Damages and Proximate Cause: A Detailed Commentary on Green v. Johnson (Supreme Court of South Carolina, 2025) 1. Introduction Green v. Johnson presented the...
Green v. McGee: Carving Out Punitive Damages from Set-Offs and Preserving Joint-and-Several Liability for Reckless Tortfeasors

Green v. McGee: Carving Out Punitive Damages from Set-Offs and Preserving Joint-and-Several Liability for Reckless Tortfeasors

Date: Aug 15, 2025
Green v. McGee: Carving Out Punitive Damages from Set-Offs and Preserving Joint-and-Several Liability for Reckless Tortfeasors 1. Introduction This commentary examines the South Carolina Supreme...
State v. Lavoie: Supreme Court of Hawaiʻi Restricts Expert-Fee Entitlements at Regular Sentencing and Adopts the “Aggregate” Test for HRS § 706-609 Resentencing Challenges

State v. Lavoie: Supreme Court of Hawaiʻi Restricts Expert-Fee Entitlements at Regular Sentencing and Adopts the “Aggregate” Test for HRS § 706-609 Resentencing Challenges

Date: Aug 15, 2025
State v. Lavoie: Supreme Court of Hawaiʻi Restricts Expert-Fee Entitlements at Regular Sentencing and Adopts the “Aggregate” Test for HRS § 706-609 Resentencing Challenges 1. Introduction In State v....
“Public Reprimand as a Stand-Alone Sanction for Lapsed or Non-Member Counsel” — Commentary on In Re Cruikshank, 22-90079 (2d Cir. Aug. 13, 2025)

“Public Reprimand as a Stand-Alone Sanction for Lapsed or Non-Member Counsel” — Commentary on In Re Cruikshank, 22-90079 (2d Cir. Aug. 13, 2025)

Date: Aug 15, 2025
“Public Reprimand as a Stand-Alone Sanction for Lapsed or Non-Member Counsel” Commentary on In Re Cruikshank, 22-90079 (2d Cir. Aug. 13, 2025) 1. Introduction In In Re Cruikshank, the United States...
Clarifying “Cause” for Dismissal of Involuntary Bankruptcy Petitions and the Limits of Appellate Jurisdiction over § 303(i) Fee Awards

Clarifying “Cause” for Dismissal of Involuntary Bankruptcy Petitions and the Limits of Appellate Jurisdiction over § 303(i) Fee Awards

Date: Aug 15, 2025
Clarifying “Cause” for Dismissal of Involuntary Bankruptcy Petitions and the Limits of Appellate Jurisdiction over § 303(i) Fee Awards 1. Introduction In Re: Valuex Research, LLC concerns creditors...
Clarifying Prevailing-Party Status and Recognising Joint Trademark Ownership: A Commentary on Zioness Movement, Inc. v. The Lawfare Project, Inc.

Clarifying Prevailing-Party Status and Recognising Joint Trademark Ownership: A Commentary on Zioness Movement, Inc. v. The Lawfare Project, Inc.

Date: Aug 15, 2025
Clarifying Prevailing-Party Status and Recognising Joint Trademark Ownership: Commentary on Zioness Movement, Inc. v. The Lawfare Project, Inc. (2d Cir. 2025) Introduction The Second Circuit's...

        “No Legislative Short-Cut to Article III”:  The Second Circuit Rejects 
        “Congressionally-Authorized Representational Standing” and Clarifies 
        Mootness Procedure —  Commentary on A.H. v. N.Y. State Dep’t of Health

“No Legislative Short-Cut to Article III”: The Second Circuit Rejects “Congressionally-Authorized Representational Standing” and Clarifies Mootness Procedure — Commentary on A.H. v. N.Y. State Dep’t of Health

Date: Aug 15, 2025
“No Legislative Short-Cut to Article III”: The Second Circuit Rejects “Congressionally-Authorized Representational Standing” and Clarifies Mootness Procedure — Commentary on A.H. v. N.Y. State Dep’t...
“The Carew Principle” – No Per-Se Duty on Defence Counsel to Pursue a Batson Remedy

“The Carew Principle” – No Per-Se Duty on Defence Counsel to Pursue a Batson Remedy

Date: Aug 15, 2025
“The Carew Principle” No Per-Se Duty on Defence Counsel to Pursue a Batson Remedy – Court of Appeals for the Second Circuit, 2025 1. Introduction In Carew v. Morton, the United States Court of...
“A Single Straw Breaks the Camel’s Back” – Isaacs v. Zimmerman and the Second Circuit’s Zero-Tolerance Approach to Discovery-Order Breaches

“A Single Straw Breaks the Camel’s Back” – Isaacs v. Zimmerman and the Second Circuit’s Zero-Tolerance Approach to Discovery-Order Breaches

Date: Aug 15, 2025
“A Single Straw Breaks the Camel’s Back” – Isaacs v. Zimmerman and the Second Circuit’s Zero-Tolerance Approach to Discovery-Order Breaches Introduction Isaacs v. Zimmerman, No. 23-7492 (2d Cir. Aug....
“The Comma That Wasn’t”: Second Circuit Restores Full Scope of Personal-Injury Liability Insurance and Safe-Harbor Protection in N.Y. Ins. Law § 1113(a)(13) & § 1213(e)

“The Comma That Wasn’t”: Second Circuit Restores Full Scope of Personal-Injury Liability Insurance and Safe-Harbor Protection in N.Y. Ins. Law § 1113(a)(13) & § 1213(e)

Date: Aug 15, 2025
“The Comma That Wasn’t”: Second Circuit Restores Full Scope of Personal-Injury Liability Insurance and Safe-Harbor Protection in N.Y. Ins. Law § 1113(a)(13) & § 1213(e) 1. Introduction Liberty...
The Post-Chevron Quid-Pro-Quo Doctrine: Second Circuit Affirms IRS Power to Net State Tax Credits against § 170 Charitable Deductions

The Post-Chevron Quid-Pro-Quo Doctrine: Second Circuit Affirms IRS Power to Net State Tax Credits against § 170 Charitable Deductions

Date: Aug 15, 2025
The Post-Chevron Quid-Pro-Quo Doctrine: Second Circuit Affirms IRS Power to Net State Tax Credits against § 170 Charitable Deductions Introduction The consolidated appeal New Jersey v. Bessent;...
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