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Arbitration Agreements Are Not “Health-Care Decisions”: The Kentucky Supreme Court Narrows KRS 311.631 Spousal Authority Introduction In Lexington Alzheimer’s Investors, LLC d/b/a The Lantern at...
Prevailing “In Whole” Without Judicial Imprimatur: Third Department Adopts a Text‑Driven Catalyst Rule Under New York’s EAJA and Overrules Clarke v. Annucci Case: Matter of Markey v. Tietz, 2025 NY...
Approval-as-Injury: New York Recognizes Organizational Standing to Preemptively Challenge Certified Voting Machines and Permits Recasting of Article 78 Relief Introduction In Matter of Common Cause...
The Three-Day Filing Rule Is Jurisdictional: First Department Vacates Neglect Finding and Declares Prolonged Removal Unlawful in Matter of Kaius A. v. Abigail H. Introduction This commentary examines...
No “Whole Story” Shortcut: New Hampshire Bars Use of Restraining Orders and Subsequent Violations as Rule 404(b) “Context” Absent a Non‑Propensity Link and Overriding Probative Value Introduction In...
Supreme Court Clarifies that Unjust-Enrichment Claims Cannot Circumvent Mississippi’s Minutes Rule Introduction In The Mississippi State Port Authority at Gulfport v. Yilport Holding A.S., No....
Holland v. Silverscreen Healthcare, Inc.: MICRA § 1295 Arbitration Does Not Reach Wrongful Death Claims Predicated on Custodial Neglect at Skilled Nursing Facilities Introduction In Holland v....
“Look-but-Don’t-Intimidate”: Simpson v. Commonwealth and the Permissible Use of Courtroom Barriers Consistent with the Confrontation Clause 1. Introduction Jamie Simpson appealed his 60-year sentence...
“Ross–Haydon Bridge Reconciliation Rule” Kentucky Supreme Court Clarifies Sovereign-Immunity Limits on Monetary Relief and Refund Actions Introduction On 14 August 2025 the Supreme Court of Kentucky...
“Due vs. Never-Due” Refunds: The Kentucky Supreme Court Re-draws the Sovereign-Immunity Line Commonwealth of Kentucky, Department of Revenue v. Long (2025) Introduction The consolidated decision in...
“Never-Due” v. “Due” Funds – A Commentary on Long v. Commonwealth of Kentucky, Department of Revenue (Ky. 2025) 1 · Introduction On 14 August 2025 the Supreme Court of Kentucky issued a consolidated...
Scarborough Refined: Delaware Supreme Court Clarifies Strickland-Prejudice Analysis for Missed Plea-Withdrawal Motions Introduction In Smith v. State, No. 179, 2024 (Del. Aug. 14, 2025), the Supreme...
Enhanced Disclosure & Gate-Keeping Standards for Historic Cell-Site Evidence: Commentary on Shawn Hollingsworth, Jr. v. Commonwealth of Kentucky, Supreme Court of Kentucky (2025) Introduction The...
“Never-Due” Funds and the Limits of Sovereign Immunity: A Structured Commentary on Long v. Commonwealth of Kentucky (Ky. 2025) 1. Introduction The Supreme Court of Kentucky’s consolidated decision in...
“The Reach of Waiver” – How Express Agreement Forecloses Appellate Review in Kentucky: A Structured Commentary on Kenny Dile, Jr. v. Commonwealth of Kentucky (Ky. Sup. Ct., Aug. 14 2025) 1....
“When the Youth Court Lets Go” — Clarifying Chancery-Court Jurisdiction After Voluntary Youth-Court Relinquishment 1. Introduction K.S. v. M.D. and M.F.D. is the Mississippi Supreme Court’s most...
Beyond Water Quantity: Oregon Supreme Court Confirms Protection of Beneficial Use and Commands a Full Public-Interest Review in Water-Right Permitting Commentary on East Valley Water District v....
“A Reasonable Period of Time”: The Supreme Court of Ohio’s Clarification of Response Deadlines under R.C. 149.43 in State ex rel. Castellon v. Cuyahoga County Prosecutor’s Office (2025-Ohio-2787)...