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  • Commentaries
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state Case Commentaries

CZMA’s Statewide Reach Defines Environmental Due Process: Agencies Must Hold Contested Case Hearings Before Renewing Revocable Permits; Environmental Courts May Modify Permits on HRS § 91‑14 Review

CZMA’s Statewide Reach Defines Environmental Due Process: Agencies Must Hold Contested Case Hearings Before Renewing Revocable Permits; Environmental Courts May Modify Permits on HRS § 91‑14 Review

Date: Sep 8, 2025
CZMA’s Statewide Reach Defines Environmental Due Process: Agencies Must Hold Contested Case Hearings Before Renewing Revocable Permits; Environmental Courts May Modify Permits on HRS § 91‑14 Review...
Hawaiʻi Supreme Court Reaffirms Non-Appealability of Orders Vacating Arbitration Awards with Rehearing; Clarifies Final-Judgment Protocols in Special Proceedings

Hawaiʻi Supreme Court Reaffirms Non-Appealability of Orders Vacating Arbitration Awards with Rehearing; Clarifies Final-Judgment Protocols in Special Proceedings

Date: Sep 8, 2025
Reaffirming the Non-Appealability of Orders Vacating Arbitration Awards with Rehearing under HRS § 658A-28 and Mandating “In Aid of Jurisdiction” Remands for Final Judgments in Special Proceedings...
Reasonableness and “Good Faith for Cause” Reaffirmed: Louisiana Supreme Court Limits Judicial Power to Alter Civil Service Board Sanctions and Clarifies the Board’s Discretion to Modify Unreasonable Discipline

Reasonableness and “Good Faith for Cause” Reaffirmed: Louisiana Supreme Court Limits Judicial Power to Alter Civil Service Board Sanctions and Clarifies the Board’s Discretion to Modify Unreasonable Discipline

Date: Sep 8, 2025
Reasonableness and “Good Faith for Cause” Reaffirmed: Louisiana Supreme Court Limits Judicial Power to Alter Civil Service Board Sanctions and Clarifies the Board’s Discretion to Modify Unreasonable...
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)

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

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

“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

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

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)

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)

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)

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

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

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

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)

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...
Gatekeeping, Not Fact‑Finding: Utah Supreme Court Sets Prima Facie Standard for Successive Competency-to-be-Executed Petitions and Bars Execution Warrants While Ford/Madison Proceedings Are Pending

Gatekeeping, Not Fact‑Finding: Utah Supreme Court Sets Prima Facie Standard for Successive Competency-to-be-Executed Petitions and Bars Execution Warrants While Ford/Madison Proceedings Are Pending

Date: Sep 2, 2025
Gatekeeping, Not Fact‑Finding: Utah Supreme Court Sets Prima Facie Standard for Successive Competency-to-be-Executed Petitions and Bars Execution Warrants While Ford/Madison Proceedings Are Pending...
“Any Amount Means Any Amount”: Wyoming Supreme Court Rejects a De Minimis Defense for Methamphetamine Possession under § 35‑7‑1031

“Any Amount Means Any Amount”: Wyoming Supreme Court Rejects a De Minimis Defense for Methamphetamine Possession under § 35‑7‑1031

Date: Sep 2, 2025
“Any Amount Means Any Amount”: Wyoming Supreme Court Rejects a De Minimis Defense for Methamphetamine Possession under § 35‑7‑1031 Case: David Wayne Gober v. The State of Wyoming, 2025 WY 96 (Wyo....
People v. Lesson: Non‑elemental Pleading Discrepancies in Waiver/SCI Are Not Jurisdictional; Third‑Degree Burglary Is a Lesser‑Included of Second‑Degree (Dwelling), Allowing an SCI with General Intent

People v. Lesson: Non‑elemental Pleading Discrepancies in Waiver/SCI Are Not Jurisdictional; Third‑Degree Burglary Is a Lesser‑Included of Second‑Degree (Dwelling), Allowing an SCI with General Intent

Date: Sep 2, 2025
People v. Lesson: Non‑elemental Pleading Discrepancies in Waiver/SCI Are Not Jurisdictional; Third‑Degree Burglary Is a Lesser‑Included of Second‑Degree (Dwelling), Allowing an SCI with General...
Benda v. Sole: Written Certification Under § 42-361.01 Is Not Jurisdictional; Legal Separation Decrees Are Final and Preclusive

Benda v. Sole: Written Certification Under § 42-361.01 Is Not Jurisdictional; Legal Separation Decrees Are Final and Preclusive

Date: Sep 2, 2025
Benda v. Sole: Written Certification Under § 42-361.01 Is Not Jurisdictional; Legal Separation Decrees Are Final and Preclusive Introduction In Benda v. Sole, 319 Neb. 745 (Neb. Aug. 29, 2025), the...
Matter of Spaeth: New York Outlaws Venmo/Zelle and Other Third‑Party Electronic Transfers From Attorney Escrow Accounts; Pandemic Hardships Do Not Excuse Misappropriation

Matter of Spaeth: New York Outlaws Venmo/Zelle and Other Third‑Party Electronic Transfers From Attorney Escrow Accounts; Pandemic Hardships Do Not Excuse Misappropriation

Date: Sep 2, 2025
Matter of Spaeth: New York Outlaws Venmo/Zelle and Other Third‑Party Electronic Transfers From Attorney Escrow Accounts; Pandemic Hardships Do Not Excuse Misappropriation Introduction In Matter of...
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