state Case Commentaries

Temporary Alimony in New Hampshire Is Not Bound by the 23% Formula When Reasonable Need Is Lower

Date: Aug 7, 2025

Temporary Alimony in New Hampshire Is Not Bound by the 23% Formula When Reasonable Need Is Lower Introduction Case: In the Matter of Valerie Bois and Alan Bois Court: Supreme Court of New Hampshire...

Best-Interests Check Required for No-Contact Provisions in Domestic Abuse Protection Orders Involving Children; Laser Targeting Can Establish “Fear of Imminent Harm” under SDCL 25-10

Date: Aug 7, 2025

Best-Interests Check Required for No-Contact Provisions in Domestic Abuse Protection Orders Involving Children; Laser Targeting Can Establish “Fear of Imminent Harm” under SDCL 25-10 Case: Wagner v....

Express Severance “Cancellation of All Prior Agreements” Clauses Extinguish Trailing Commission Rights and Bar Later Contract Claims: Commentary on Wagschal v. Ecconergy (2025 NY Slip Op 04595)

Date: Aug 7, 2025

Express Severance “Cancellation of All Prior Agreements” Clauses Extinguish Trailing Commission Rights and Bar Later Contract Claims: Commentary on Wagschal v. Ecconergy (2025 NY Slip Op 04595)...

People v. Lloyd F.: Second Department sets a stringent “extraordinary circumstances” bar under CPL 722.23(1)(d) for retaining adolescent-offender cases in the Youth Part

Date: Aug 7, 2025

People v. Lloyd F.: Second Department sets a stringent “extraordinary circumstances” bar under CPL 722.23(1)(d) for retaining adolescent-offender cases in the Youth Part Introduction In People v....

Moving Scaffolds Under Ceiling Obstacles: Unsecured Materials “Require Securing” — Second Department Revives Labor Law §§ 240(1) and 241(6) Claims and Negligence Against Subcontractor

Date: Aug 7, 2025

Moving Scaffolds Under Ceiling Obstacles: Unsecured Materials “Require Securing” — Second Department Revives Labor Law §§ 240(1) and 241(6) Claims and Negligence Against Subcontractor Introduction...

COVID-19 Tolling Applies to the CPLR 205(a)/205-a Six-Month Savings Period in Foreclosure Actions; Dismissal for RPAPL 1306 Noncompliance Is Not “On the Merits”

Date: Aug 7, 2025

COVID-19 Tolling Applies to the CPLR 205(a)/205-a Six-Month Savings Period in Foreclosure Actions; Dismissal for RPAPL 1306 Noncompliance Is Not “On the Merits” Introduction This commentary examines...

No Personal Jurisdiction Needed to Domesticate Sister‑State Judgments in New York: Cadlerock Joint Venture, L.P. v. Simms

Date: Aug 7, 2025

No Personal Jurisdiction Needed to Domesticate Sister‑State Judgments in New York Cadlerock Joint Venture, L.P. v. Simms (2025 NY Slip Op 04541), Appellate Division, Second Department Introduction...

Direct Employee Recovery of Health-Insurer-Paid Medical Expenses and Extinguishment of Non‑Intervening Insurers’ Interests under Minnesota’s Workers’ Compensation Act

Date: Aug 7, 2025

Direct Employee Recovery of Health-Insurer-Paid Medical Expenses and Extinguishment of Non‑Intervening Insurers’ Interests under Minnesota’s Workers’ Compensation Act Introduction In Paula Kay...

Course-and-Scope as a Defensive Issue: Texas Supreme Court Limits the Division of Workers’ Compensation’s Exclusive Jurisdiction

Date: Aug 7, 2025

Course-and-Scope as a Defensive Issue: Limiting the Texas Division of Workers’ Compensation’s Exclusive Jurisdiction Commentary on The University of Texas Rio Grande Valley v. Rita Oteka Supreme...

Contractual Waiver of Resignation Challenges Does Not Extinguish Right to Seek Religious Accommodation Under DOE Vaccine Mandate

Date: Aug 7, 2025

Contractual Waiver of Resignation Challenges Does Not Extinguish Right to Seek Religious Accommodation Under DOE Vaccine Mandate Case: Matter of LaBarbera v. New York City Department of Education,...

Imputing Counsel’s Repeated Neglect to the Client: Second Department Narrows “Interest‑of‑Justice” Vacatur and Enforces the One‑Year CPLR 5015(a)(1) Deadline

Date: Aug 7, 2025

Imputing Counsel’s Repeated Neglect to the Client: Second Department Narrows “Interest‑of‑Justice” Vacatur and Enforces the One‑Year CPLR 5015(a)(1) Deadline Introduction In Zlobec v. Bank of N.Y....

Closed A‑Frame Ladder Use, Speculative Lighting Claims, and Recurring Water: The Second Department’s Clarification of §§ 240(1), 241(6), and 200 in Araujo v. Monadnock Construction, Inc.

Date: Aug 7, 2025

Closed A‑Frame Ladder Use, Speculative Lighting Claims, and Recurring Water: The Second Department’s Clarification of §§ 240(1), 241(6), and 200 in Araujo v. Monadnock Construction, Inc. Introduction...

The Heckscher Specificity Rule: Under Court of Claims Act §11(b), an Insufficient “Place” Allegation Is a Jurisdictional Defect That Cannot Be Cured by Amendment, Cannot Be Treated as a Claim, and Does Not Extend Time to File

Date: Aug 7, 2025

The Heckscher Specificity Rule: Under Court of Claims Act §11(b), an Insufficient “Place” Allegation Is a Jurisdictional Defect That Cannot Be Cured by Amendment, Cannot Be Treated as a Claim, and...

Coverage Denial as a Single Breach: Second Department Fixes Accrual at Disclaimer Date and Rejects Continuing‑Wrong Tolling for Excess Workers’ Compensation Policies

Date: Aug 7, 2025

Coverage Denial as a Single Breach: Second Department Fixes Accrual at Disclaimer Date and Rejects Continuing‑Wrong Tolling for Excess Workers’ Compensation Policies Introduction In New York Bus...

No “Formal Authority” Requirement: Father-Figure and Religious-Leader Roles Can Constitute a “Position of Authority” Under RSA 632-A:2, I(k)

Date: Aug 7, 2025

No “Formal Authority” Requirement: Father-Figure and Religious-Leader Roles Can Constitute a “Position of Authority” Under RSA 632-A:2, I(k) Case: State v. Reed, 2025 N.H. 34 (N.H. Aug. 6, 2025)...

No State Serial-Number Crime for Ghost Guns Absent a Federal Mandate: Minnesota Supreme Court Limits Minn. Stat. § 609.667(3) to Firearms Requiring Serial Numbers Under Federal Law

Date: Aug 7, 2025

No State Serial-Number Crime for Ghost Guns Absent a Federal Mandate: Minnesota Supreme Court Limits Minn. Stat. § 609.667(3) to Firearms Requiring Serial Numbers Under Federal Law Introduction In...

State v. Logston (2025): Constitutional Supremacy in Consecutive Sentencing After Probation Revocation

Date: Aug 6, 2025

State v. Logston (374 Or 101, 2025): Constitutional Supremacy in Consecutive Sentencing After Probation Revocation Introduction State v. Logston presented the Oregon Supreme Court with a narrow, but...

Jeffers and the Harmless-Error Doctrine: When the Absence of a Presentence Report Is Cured by a Mandatory Life-Without-Mercy Sentence

Date: Aug 6, 2025

Jeffers and the Harmless-Error Doctrine: When the Absence of a Presentence Report Is Cured by a Mandatory Life-Without-Mercy Sentence 1. Introduction In State of West Virginia v. Argie L. Jeffers,...

Beyond “Seal or Remove”: The Hawaiʻi Supreme Court Defines the Constitutional Limits of Record-Sealing under HRS § 831-3.2(f)

Date: Aug 6, 2025

Beyond “Seal or Remove”: The Hawaiʻi Supreme Court Defines the Constitutional Limits of Record-Sealing under HRS § 831-3.2(f) Introduction On 4 August 2025 the Supreme Court of Hawaiʻi issued a...

Extending the Moeller Symmetry: Alaska Supreme Court Requires Symmetrical Custody Analysis for Significant In-State Relocations and Re-Affirms the Statutory Preference for Joint Legal Custody

Date: Aug 6, 2025

Extending the Moeller Symmetry: Alaska Supreme Court Requires Symmetrical Custody Analysis for Significant In-State Relocations and Re-Affirms the Statutory Preference for Joint Legal Custody...

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