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state Case Commentaries

Hansen v. Boise School District #1: Personal Property Injury as a Prerequisite to Takings Standing

Hansen v. Boise School District #1: Personal Property Injury as a Prerequisite to Takings Standing

Date: Aug 19, 2025
Hansen v. Boise School District #1 (Idaho 2025): Personal Property Injury as a Prerequisite to Takings Standing 1. Introduction In Hansen v. Boise School District #1, the Supreme Court of Idaho...
“The Boyer Confirmation” – Wyoming Re-Affirms that Dispatch-Derived License Information and a Single Observed Traffic Infraction Jointly Supply Reasonable Suspicion for a Stop

“The Boyer Confirmation” – Wyoming Re-Affirms that Dispatch-Derived License Information and a Single Observed Traffic Infraction Jointly Supply Reasonable Suspicion for a Stop

Date: Aug 19, 2025
“The Boyer Confirmation” – Wyoming Re-Affirms that Dispatch-Derived License Information and a Single Observed Traffic Infraction Jointly Supply Reasonable Suspicion for a Stop Introduction Andrew Lee...
Default, Progressive Discipline, and Revocation: The Kovac Decision’s Reinforcement of Wisconsin’s Lawyer-Regulation Framework

Default, Progressive Discipline, and Revocation: The Kovac Decision’s Reinforcement of Wisconsin’s Lawyer-Regulation Framework

Date: Aug 19, 2025
Default, Progressive Discipline, and Revocation: Office of Lawyer Regulation v. Peter J. Kovac and the Supreme Court of Wisconsin’s Latest Guidance on Attorney Misconduct 1. Introduction In Office of...
“Pending-Litigation Abeyance” Doctrine: Sullivan v. Baker Ranches and the State Engineer’s Discretion to Suspend Water-Rights Investigations

“Pending-Litigation Abeyance” Doctrine: Sullivan v. Baker Ranches and the State Engineer’s Discretion to Suspend Water-Rights Investigations

Date: Aug 19, 2025
“Pending-Litigation Abeyance” Doctrine: Sullivan v. Baker Ranches and the State Engineer’s Discretion to Suspend Water-Rights Investigations 1. Introduction Case: Sullivan, P.E. v. Baker Ranches,...
State v. Hendricks: Affirmative Conduct as “Child Neglect” Absent Injury—North Dakota Supreme Court Clarifies the Abuse/Neglect Divide

State v. Hendricks: Affirmative Conduct as “Child Neglect” Absent Injury—North Dakota Supreme Court Clarifies the Abuse/Neglect Divide

Date: Aug 19, 2025
State v. Hendricks: Affirmative Conduct as “Child Neglect” Absent Injury—North Dakota Supreme Court Clarifies the Abuse/Neglect Divide Introduction State v. Hendricks, 2025 ND 143, presented the...
“Equity Does Not Rescue Negligence” – The New Ohio Rule on Untimely Lease-Renewal Options (Ashland Global Holdings, Inc. v. SuperAsh Remainderman, Ltd. Partnership, 2025-Ohio-2835)

“Equity Does Not Rescue Negligence” – The New Ohio Rule on Untimely Lease-Renewal Options (Ashland Global Holdings, Inc. v. SuperAsh Remainderman, Ltd. Partnership, 2025-Ohio-2835)

Date: Aug 19, 2025
“Equity Does Not Rescue Negligence” – The New Ohio Rule on Untimely Lease-Renewal Options A Commentary on Ashland Global Holdings, Inc. v. SuperAsh Remainderman, Ltd. Partnership, 2025-Ohio-2835 1....
Reaffirming the Burden of Proof in Inmate Public-Records Mandamus Actions: A Commentary on State ex rel. Alford v. Diehl (2025-Ohio-2836)

Reaffirming the Burden of Proof in Inmate Public-Records Mandamus Actions: A Commentary on State ex rel. Alford v. Diehl (2025-Ohio-2836)

Date: Aug 19, 2025
Reaffirming the Burden of Proof in Inmate Public-Records Mandamus Actions: State ex rel. Alford v. Diehl (2025-Ohio-2836) 1. Introduction In State ex rel. Alford v. Diehl, 2025-Ohio-2836, the Supreme...

        “Hedging Is Not a Concession” – The Nevada Supreme Court Clarifies When Trial Counsel’s Reference to a Lesser-Included Offence Triggers McCoy-Type Error

“Hedging Is Not a Concession” – The Nevada Supreme Court Clarifies When Trial Counsel’s Reference to a Lesser-Included Offence Triggers McCoy-Type Error

Date: Aug 19, 2025
“Hedging Is Not a Concession” – The Nevada Supreme Court Clarifies When Trial Counsel’s Reference to a Lesser-Included Offence Triggers McCoy-Type Error Introduction In Coddington (Ryan) v. Warden,...
Reaffirming the Regulatory Safe Harbor & Contractual Limitations on Utility Customers: Commentary on Garmong v. Sierra Pacific Power Co., Inc.

Reaffirming the Regulatory Safe Harbor & Contractual Limitations on Utility Customers: Commentary on Garmong v. Sierra Pacific Power Co., Inc.

Date: Aug 19, 2025
Reaffirming the Regulatory Safe Harbor & Contractual Limitations on Utility Customers: Commentary on Garmong v. Sierra Pacific Power Company, Inc., Supreme Court of Nevada (2025) 1. Introduction The...
“Water as an Assessment” – The New Rule from Maxwell Trust v. Saticoy Bay LLC (Nev. 2025)

“Water as an Assessment” – The New Rule from Maxwell Trust v. Saticoy Bay LLC (Nev. 2025)

Date: Aug 19, 2025
“Water as an Assessment”: The Supreme Court of Nevada Recognizes Utility Charges as Lien-Triggering Assessments under NRS 116.3116 Introduction Maxwell Trust v. Saticoy Bay LLC Series 3414 Big Sur,...
Valjo v. Euphoria Wellness: Nevada Supreme Court Bars Revival of Time-Barred Claims Through Post-Hoc Ownership Agreements

Valjo v. Euphoria Wellness: Nevada Supreme Court Bars Revival of Time-Barred Claims Through Post-Hoc Ownership Agreements

Date: Aug 19, 2025
Valjo v. Euphoria Wellness – Nevada Supreme Court Bars Revival of Time-Barred Claims Through Post-Hoc Ownership Agreements 1. Introduction In Valjo, Inc. v. Euphoria Wellness, LLC (Nos. 87929 &...
“No Second Bite at the Apple” – Nevada Supreme Court Bars Renewal of Statute-of-Limitations Period by Later Assignment (Valjo, Inc. v. Euphoria Wellness, LLC)

“No Second Bite at the Apple” – Nevada Supreme Court Bars Renewal of Statute-of-Limitations Period by Later Assignment (Valjo, Inc. v. Euphoria Wellness, LLC)

Date: Aug 19, 2025
“No Second Bite at the Apple” – Nevada Supreme Court Bars Renewal of Statute-of-Limitations Period by Later Assignment Commentary on Valjo, Inc. v. Euphoria Wellness, LLC, Nos. 87929 & 88137 (Nev....
Watrous v. Porter Medical Center (2025 VT 47):  Hospital Policy Alone Cannot Establish the Standard of Care & Appellate Deference to Jury Findings on Rule 59 Motions

Watrous v. Porter Medical Center (2025 VT 47): Hospital Policy Alone Cannot Establish the Standard of Care & Appellate Deference to Jury Findings on Rule 59 Motions

Date: Aug 19, 2025
Watrous v. Porter Medical Center (2025 VT 47) Hospital Policy Alone Cannot Establish the Standard of Care & Appellate Deference to Jury Findings on Rule 59 Motions 1. Introduction The Vermont Supreme...
“Unsupervised” Re-Defined: Vermont Affirms Broad DCF Discretion in Risk-of-Sexual-Harm Substantiations – Commentary on In re Appeal of S.C.-M., 2025 VT 48

“Unsupervised” Re-Defined: Vermont Affirms Broad DCF Discretion in Risk-of-Sexual-Harm Substantiations – Commentary on In re Appeal of S.C.-M., 2025 VT 48

Date: Aug 19, 2025
“Unsupervised” Re-Defined: Vermont Affirms Broad DCF Discretion in Risk-of-Sexual-Harm Substantiations Commentary on In re Appeal of S.C.-M., 2025 VT 48 1. Introduction The Vermont Supreme Court’s...
“De Minimis No Longer” – Vermont Supreme Court Affirms Mandatory Disqualification for Recurring CACFP Deficiencies and Clarifies Agency Waiver of Procedural Rules

“De Minimis No Longer” – Vermont Supreme Court Affirms Mandatory Disqualification for Recurring CACFP Deficiencies and Clarifies Agency Waiver of Procedural Rules

Date: Aug 19, 2025
“De Minimis No Longer” – Vermont Supreme Court Affirms Mandatory Disqualification for Recurring CACFP Deficiencies and Clarifies Agency Waiver of Procedural Rules Introduction In In re Butterfly...
Administrative Deference & Severability of Ultra-Vires Conditions: 
          The Vermont Supreme Court’s Decision in “In re Rutland Regional Medical Center Fiscal Year 2025”

Administrative Deference & Severability of Ultra-Vires Conditions: The Vermont Supreme Court’s Decision in “In re Rutland Regional Medical Center Fiscal Year 2025”

Date: Aug 19, 2025
Administrative Deference & Severability of Ultra-Vires Conditions: The Vermont Supreme Court’s Decision in “In re Rutland Regional Medical Center Fiscal Year 2025” Introduction On 14 August 2025, the...
From Misappropriation to Monetization: Utah Supreme Court Demands a Provable Causal Link between Trade-Secret Theft and Damages (Commentary on Feller Behavioral Health v. Military & Veteran Counseling Center, 2025 UT 33)

From Misappropriation to Monetization: Utah Supreme Court Demands a Provable Causal Link between Trade-Secret Theft and Damages (Commentary on Feller Behavioral Health v. Military & Veteran Counseling Center, 2025 UT 33)

Date: Aug 19, 2025
From Misappropriation to Monetization: Utah Supreme Court Demands a Provable Causal Link between Trade-Secret Theft and Damages Introduction In Feller Behavioral Health PLLC & Kelly Feller v....
“The Marriott Rule” – Administrative Appeals Abate at Death Absent Statutory Survival

“The Marriott Rule” – Administrative Appeals Abate at Death Absent Statutory Survival

Date: Aug 19, 2025
“The Marriott Rule” – Administrative Appeals Abate at Death Absent Statutory Survival Introduction Marriott v. Wilhelmsen (2025 UT 35) squarely confronted an unsettled issue in Utah law: Does an...
Reinstating Defamation Claims and Narrowing Utah’s Anti-SLAPP Shield: A Commentary on Mathews v. McCown (2025 UT 34)

Reinstating Defamation Claims and Narrowing Utah’s Anti-SLAPP Shield: A Commentary on Mathews v. McCown (2025 UT 34)

Date: Aug 19, 2025
Reinstating Defamation Claims and Narrowing Utah’s Anti-SLAPP Shield: A Commentary on Mathews v. McCown, 2025 UT 34 1. Introduction The Supreme Court of Utah’s unanimous opinion in Mathews v. McCown...
“Venue Does Not Vest” – The Jurisdiction-Venue Divide Re-drawn in Arends v. State (2025)

“Venue Does Not Vest” – The Jurisdiction-Venue Divide Re-drawn in Arends v. State (2025)

Date: Aug 19, 2025
“Venue Does Not Vest” – The Jurisdiction-Venue Divide Re-drawn in Arends v. State (Wash. 2025) 1. Introduction On 14 August 2025 the Washington Supreme Court decided Arends v. State, No. 103068-1, a...
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