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state Case Commentaries

Procedural Supremacy & Dual-Test Harmonisation in Juvenile Bench Warrants – Comment on State v. A.M.W. (Wash. 2025)

Procedural Supremacy & Dual-Test Harmonisation in Juvenile Bench Warrants – Comment on State v. A.M.W. (Wash. 2025)

Date: Aug 19, 2025
Procedural Supremacy & Dual-Test Harmonisation in Juvenile Bench Warrants Commentary on State v. A.M.W., 200 Wn.2d ___ (Aug. 14 2025) 1. Introduction The Supreme Court of Washington’s decision in...
From Forgery to 30-Month Suspension: The Wisconsin Rule on Repeated Will-Witness Fraud Absent Broader Misconduct

From Forgery to 30-Month Suspension: The Wisconsin Rule on Repeated Will-Witness Fraud Absent Broader Misconduct

Date: Aug 19, 2025
From Forgery to 30-Month Suspension: The Wisconsin Rule on Repeated Will-Witness Fraud Absent Broader Misconduct Introduction In Office of Lawyer Regulation v. John P. Buran, 2025 WI 40, the...
Progressive Discipline Re-Calibrated: Wisconsin Supreme Court Authorises Mid-Range (18-Month) Suspensions for Recidivist Attorney Misconduct

Progressive Discipline Re-Calibrated: Wisconsin Supreme Court Authorises Mid-Range (18-Month) Suspensions for Recidivist Attorney Misconduct

Date: Aug 19, 2025
Progressive Discipline Re-Calibrated: Wisconsin Supreme Court Authorises Mid-Range (18-Month) Suspensions for Recidivist Attorney Misconduct Introduction The decision in Office of Lawyer Regulation...
Cowan v. Exclusive Resorts: Contractual Attorney-Fee Clauses Override HRS § 607-14 in Assumpsit Actions

Cowan v. Exclusive Resorts: Contractual Attorney-Fee Clauses Override HRS § 607-14 in Assumpsit Actions

Date: Aug 19, 2025
Cowan v. Exclusive Resorts PBL1, LLC Supreme Court of Hawaiʻi, Opinion filed 14 August 2025 “Contract-Specific Fee Clauses Defeat Statutory Fees in Assumpsit” 1. Introduction Cowan v. Exclusive...
“Prevailing-On-The-Merits” Reaffirmed: Full Attorney-Fee Awards Under AS 09.60.010(c) after Donkel & Cade v. Alaska DNR

“Prevailing-On-The-Merits” Reaffirmed: Full Attorney-Fee Awards Under AS 09.60.010(c) after Donkel & Cade v. Alaska DNR

Date: Aug 18, 2025
“Prevailing On The Merits” Reaffirmed: Full Attorney-Fee Awards Under AS 09.60.010(c) after Donkel & Cade v. State of Alaska, Department of Natural Resources 1. Introduction The Alaska Supreme...
Reaffirming Exhaustion of Tribal Remedies and Full-Faith-and-Credit for Tribal Custody Orders under ICWA – Commentary on J.A. (Father) v. Native Village of Tanana (Alaska 2025)

Reaffirming Exhaustion of Tribal Remedies and Full-Faith-and-Credit for Tribal Custody Orders under ICWA – Commentary on J.A. (Father) v. Native Village of Tanana (Alaska 2025)

Date: Aug 18, 2025
Reaffirming Exhaustion of Tribal Remedies and Full-Faith-and-Credit for Tribal Custody Orders under ICWA Commentary on J.A. (Father) v. Native Village of Tanana Supreme Court of Alaska (No. 2099, 13...
“Tracing Trumps Ambiguity” – Alaska Supreme Court Re-Affirms the Burden to Trace Separate Contributions Despite an Ambiguous Prenuptial Agreement

“Tracing Trumps Ambiguity” – Alaska Supreme Court Re-Affirms the Burden to Trace Separate Contributions Despite an Ambiguous Prenuptial Agreement

Date: Aug 18, 2025
“Tracing Trumps Ambiguity” – Alaska Supreme Court Re-Affirms the Burden to Trace Separate Contributions Despite an Ambiguous Prenuptial Agreement Introduction In Fairbanks v. Fox, No. 2100 (Alaska...
Reserved Easements and the “Notice-to-Exercise” Rule: Commentary on Bruce H. Clark & Elaine Sullivan v. Bryce & Alisha Fuller, 2025 WY 92

Reserved Easements and the “Notice-to-Exercise” Rule: Commentary on Bruce H. Clark & Elaine Sullivan v. Bryce & Alisha Fuller, 2025 WY 92

Date: Aug 18, 2025
Reserved Easements and the “Notice-to-Exercise” Rule Supreme Court of Wyoming clarifies that a plat’s reservation clause does not ripen into an easement unless the grantor affirmatively notifies the...
Successor HOA Authority and the “Futility” Threshold for Pleading Amendments — A Comment on Dee Conger v. AVR Homeowner’s Association, Inc. (2025 WY 91)

Successor HOA Authority and the “Futility” Threshold for Pleading Amendments — A Comment on Dee Conger v. AVR Homeowner’s Association, Inc. (2025 WY 91)

Date: Aug 18, 2025
Successor HOA Authority and the “Futility” Threshold for Pleading Amendments — A Structured Commentary on Dee Conger, Trustee v. AVR Homeowner’s Association, Inc., 2025 WY 91 (Wyo. Sup. Ct. Aug. 13,...
Supreme Court Clarifies Due-Process Safeguards in Administrative Attorney Suspensions Under Pa.R.D.E. 219

Supreme Court Clarifies Due-Process Safeguards in Administrative Attorney Suspensions Under Pa.R.D.E. 219

Date: Aug 18, 2025
Supreme Court Clarifies Due-Process Safeguards in Administrative Attorney Suspensions Under Pa.R.D.E. 219 1. Introduction On 13 August 2025 the Supreme Court of Pennsylvania issued an order entitled...
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....
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...
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