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  • Commentaries
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state Case Commentaries

Including Children in Orders of Protection Requires Demonstrable Exposure or Endangerment: Second Department’s Clarification in Laura W. v. John U. (2025)

Including Children in Orders of Protection Requires Demonstrable Exposure or Endangerment: Second Department’s Clarification in Laura W. v. John U. (2025)

Date: Aug 14, 2025
Including Children in Orders of Protection Requires Demonstrable Exposure or Endangerment: Second Department’s Clarification in Laura W. v. John U. (2025) Court: Appellate Division, Second...
Preverdict Interest Under Minn. Stat. § 549.09: Settlement Offers Do Not Excuse the Two‑Year Commencement Rule; Interest Runs on the Net Judgment Excluding Collateral Sources

Preverdict Interest Under Minn. Stat. § 549.09: Settlement Offers Do Not Excuse the Two‑Year Commencement Rule; Interest Runs on the Net Judgment Excluding Collateral Sources

Date: Aug 14, 2025
Preverdict Interest Under Minn. Stat. § 549.09: Settlement Offers Do Not Excuse the Two‑Year Commencement Rule; Interest Runs on the Net Judgment Excluding Collateral Sources Introduction In Lee...
No Group Frisk Without Particularized Suspicion: Minnesota Supreme Court Clarifies Terry Limits in In re Welfare of C.T.B. (2025)

No Group Frisk Without Particularized Suspicion: Minnesota Supreme Court Clarifies Terry Limits in In re Welfare of C.T.B. (2025)

Date: Aug 14, 2025
No Group Frisk Without Particularized Suspicion: Minnesota Supreme Court Clarifies Terry Limits in In re Welfare of C.T.B. (2025) Introduction In In the Matter of the Welfare of: C.T.B., 24 N.W.3d...
Settlement Allocution as Conclusive Documentary Evidence Defeating Post‑Settlement Malpractice Claims: Valentina v. Beckerman (2025)

Settlement Allocution as Conclusive Documentary Evidence Defeating Post‑Settlement Malpractice Claims: Valentina v. Beckerman (2025)

Date: Aug 14, 2025
Settlement Allocution as Conclusive Documentary Evidence Defeating Post‑Settlement Malpractice Claims: Valentina v. Beckerman Citation: Valentina v. Beckerman, 2025 NY Slip Op 04682 (App. Div. 2d...
CEEFPA Hardship Declarations Are Not an “Appearance”: Second Department Clarifies No Waiver of Personal Jurisdiction in Foreclosure Actions

CEEFPA Hardship Declarations Are Not an “Appearance”: Second Department Clarifies No Waiver of Personal Jurisdiction in Foreclosure Actions

Date: Aug 14, 2025
CEEFPA Hardship Declarations Are Not an “Appearance”: Second Department Clarifies No Waiver of Personal Jurisdiction in Foreclosure Actions Introduction In U.S. Bank Trust, N.A. v. Lane (2025 NY Slip...
Oversight Duties Defeat Common‑Law Indemnity and Contribution; Prime‑Contract Indemnity Does Not Flow Down Without Clear Incorporation — Town of Oyster Bay v. Peter Scalamandre & Sons, Inc. (2025 NY Slip Op 04679)

Oversight Duties Defeat Common‑Law Indemnity and Contribution; Prime‑Contract Indemnity Does Not Flow Down Without Clear Incorporation — Town of Oyster Bay v. Peter Scalamandre & Sons, Inc. (2025 NY Slip Op 04679)

Date: Aug 14, 2025
Oversight Duties Defeat Common‑Law Indemnity and Contribution; Prime‑Contract Indemnity Does Not Flow Down Without Clear Incorporation Case: Town of Oyster Bay v. Peter Scalamandre & Sons, Inc., 2025...
Functional Control at the Pleading Stage: New York’s Second Department Lowers the Barrier to Alleging Joint-Employer and Single-Enterprise Liability (Shujing Yu v. Mask Pot, Inc., 2025 NY Slip Op 04673)

Functional Control at the Pleading Stage: New York’s Second Department Lowers the Barrier to Alleging Joint-Employer and Single-Enterprise Liability (Shujing Yu v. Mask Pot, Inc., 2025 NY Slip Op 04673)

Date: Aug 14, 2025
Functional Control at the Pleading Stage: New York’s Second Department Lowers the Barrier to Alleging Joint-Employer and Single-Enterprise Liability Introduction In Shujing Yu v. Mask Pot, Inc. (2025...
Pre‑2019 NYSHRL Standards Reaffirmed; Legitimate Elimination of Administrative Stipends Defeats Gender Discrimination and Retaliation Claims — Commentary on Niemotko v. Mount Saint Mary College (2025 NY Slip Op 04658)

Pre‑2019 NYSHRL Standards Reaffirmed; Legitimate Elimination of Administrative Stipends Defeats Gender Discrimination and Retaliation Claims — Commentary on Niemotko v. Mount Saint Mary College (2025 NY Slip Op 04658)

Date: Aug 14, 2025
Pre‑2019 NYSHRL Standards Reaffirmed; Legitimate Elimination of Administrative Stipends Defeats Gender Discrimination and Retaliation Claims — Commentary on Niemotko v. Mount Saint Mary College (2025...
Toward Adoption of the Admission Rule in Texas: Justice Young’s Concurrence in Werner Enterprises, Inc. v. Blake

Toward Adoption of the Admission Rule in Texas: Justice Young’s Concurrence in Werner Enterprises, Inc. v. Blake

Date: Aug 14, 2025
Toward Adoption of the Admission Rule in Texas: Justice Young’s Concurrence in Werner Enterprises, Inc. v. Blake I. Introduction This commentary examines Justice Evan A. Young’s concurring opinion in...
State v. Anderson: No Isomer Distinction—l‑Methamphetamine Is a Schedule II Substance; Broad Trial-Court Discretion Over Daubert Hearings and Expert Disclosures

State v. Anderson: No Isomer Distinction—l‑Methamphetamine Is a Schedule II Substance; Broad Trial-Court Discretion Over Daubert Hearings and Expert Disclosures

Date: Aug 14, 2025
State v. Anderson: No Isomer Distinction—l‑Methamphetamine Is a Schedule II Substance; Broad Trial-Court Discretion Over Daubert Hearings and Expert Disclosures Court: Supreme Court of South Dakota...
Anderson Industries v. Thermal Intelligence: Clarifying UCC Installment-Contract Breach and Flexible Contract Formation Under § 2-204

Anderson Industries v. Thermal Intelligence: Clarifying UCC Installment-Contract Breach and Flexible Contract Formation Under § 2-204

Date: Aug 14, 2025
Anderson Industries v. Thermal Intelligence: Clarifying UCC Installment-Contract Breach and Flexible Contract Formation Under § 2-204 Court: Supreme Court of South Dakota Citation: 2025 S.D. 47 Date:...

        Offence-Date Baseline Reaffirmed for Ex-Post-Facto Parole Challenges:
        Commentary on Fred Krug v. New Jersey State Parole Board

Offence-Date Baseline Reaffirmed for Ex-Post-Facto Parole Challenges: Commentary on Fred Krug v. New Jersey State Parole Board

Date: Aug 13, 2025
Offence-Date Baseline Reaffirmed for Ex-Post-Facto Parole Challenges: A Structured Commentary on Fred Krug v. New Jersey State Parole Board (N.J. 2025) 1. Introduction In Fred Krug v. New Jersey...
“One Year to Sue”: The New Jersey Supreme Court Aligns False-Light Privacy Claims with Defamation for Statute-of-Limitations Purposes

“One Year to Sue”: The New Jersey Supreme Court Aligns False-Light Privacy Claims with Defamation for Statute-of-Limitations Purposes

Date: Aug 13, 2025
“One Year to Sue”: The New Jersey Supreme Court Aligns False-Light Privacy Claims with Defamation for Statute-of-Limitations Purposes Introduction On 7 August 2025, the Supreme Court of New Jersey...
From “Patent and Gross” to “Ordinary”: State v. Taylor Jr. Redefines Judicial Review of Graves Act Waiver Denials

From “Patent and Gross” to “Ordinary”: State v. Taylor Jr. Redefines Judicial Review of Graves Act Waiver Denials

Date: Aug 13, 2025
From “Patent and Gross” to “Ordinary”: State v. Taylor Jr. Establishes the Abuse-of-Discretion Standard for Graves Act Waiver Reviews Introduction State v. Delshon J. Taylor Jr., 259 N.J. ___ (2025),...
“Beyond the Final Whistle” – Nevada Clarifies Post-Employment Arbitrability and Unconscionability in The National Football League v. Gruden

“Beyond the Final Whistle” – Nevada Clarifies Post-Employment Arbitrability and Unconscionability in The National Football League v. Gruden

Date: Aug 13, 2025
“Beyond the Final Whistle” – Nevada Clarifies Post-Employment Arbitrability and Unconscionability in The National Football League v. Gruden I. Introduction On 11 August 2025 the Supreme Court of...
No Stand-Alone “Community Caretaking” Exception:  State v. Adams and the Constitutional Limits on Searching Civilly-Committed Patients

No Stand-Alone “Community Caretaking” Exception: State v. Adams and the Constitutional Limits on Searching Civilly-Committed Patients

Date: Aug 13, 2025
No Stand-Alone “Community Caretaking” Exception: State v. Adams and the Constitutional Limits on Searching Civilly-Committed Patients Introduction State v. Adams, 50841 (Idaho Aug. 11 2025), squarely...
Walker v. Newell: Vermont Supreme Court Reinforces Trial Judges’ Continuing Rule-403 Discretion over Stale Conviction Evidence in Punitive-Damages Trials

Walker v. Newell: Vermont Supreme Court Reinforces Trial Judges’ Continuing Rule-403 Discretion over Stale Conviction Evidence in Punitive-Damages Trials

Date: Aug 13, 2025
Walker v. Newell: Vermont Supreme Court Reinforces Trial Judges’ Continuing Rule-403 Discretion over Stale Conviction Evidence in Punitive-Damages Trials 1. Introduction Case Name: Christina Walker...
Vermont Supreme Court Endorses Reliance on Non-Rule Agency Policy in Child-Abuse Substantiation Proceedings – Commentary on In re Appeal of T.J. (2025)

Vermont Supreme Court Endorses Reliance on Non-Rule Agency Policy in Child-Abuse Substantiation Proceedings – Commentary on In re Appeal of T.J. (2025)

Date: Aug 13, 2025
Vermont Supreme Court Endorses Reliance on Non-Rule Agency Policy in Child-Abuse Substantiation Proceedings Commentary on In re Appeal of T.J., 2025 VT ___ (Aug. 8, 2025) 1. Introduction The Vermont...
Event-Triggered Permit Conditions Upheld: Vermont Supreme Court Clarifies “Material Change” and the Condition-Subsequent Doctrine under Act 250 – Commentary on In re Costco Wholesale Administrative Decision, 2025 VT 44

Event-Triggered Permit Conditions Upheld: Vermont Supreme Court Clarifies “Material Change” and the Condition-Subsequent Doctrine under Act 250 – Commentary on In re Costco Wholesale Administrative Decision, 2025 VT 44

Date: Aug 13, 2025
Event-Triggered Permit Conditions Upheld: Vermont Supreme Court Clarifies “Material Change” and the Condition-Subsequent Doctrine under Act 250 Introduction The Supreme Court of Vermont in In re...
“Stagnation Suffices” – Vermont Supreme Court Clarifies the Single-Step
Change-in-Circumstances Standard under 33 V.S.A. § 5113(b)

“Stagnation Suffices” – Vermont Supreme Court Clarifies the Single-Step Change-in-Circumstances Standard under 33 V.S.A. § 5113(b)

Date: Aug 13, 2025
“Stagnation Suffices” – Vermont Supreme Court Clarifies the Single-Step Change-in-Circumstances Standard under 33 V.S.A. § 5113(b) 1. Introduction The Vermont Supreme Court’s entry order in In Re...
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