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  • Commentaries
  • Judgments

state Case Commentaries

Palmetto Pointe v. Tri-County Roofing: Covenant-Not-to-Execute Setoff Under S.C. Code §15-38-50

Palmetto Pointe v. Tri-County Roofing: Covenant-Not-to-Execute Setoff Under S.C. Code §15-38-50

Date: May 1, 2025
Palmetto Pointe v. Tri-County Roofing: Covenant-Not-to-Execute Setoff Under S.C. Code §15-38-50 Introduction In Palmetto Pointe at Peas Island Condominium Property Owners Association, Inc. and Jack...
Kelly v. State: Amendments to Successive Post-Conviction Petitions & Juvenile Sentencing Standards

Kelly v. State: Amendments to Successive Post-Conviction Petitions & Juvenile Sentencing Standards

Date: May 1, 2025
Kelly v. State: Amendments to Successive Post-Conviction Petitions & Juvenile Sentencing Standards Introduction McKinley Kelly v. State of Indiana is a 2025 Indiana Supreme Court decision that...
Automatic Reversal for Denial of Counsel in Probation Revocation Proceedings

Automatic Reversal for Denial of Counsel in Probation Revocation Proceedings

Date: May 1, 2025
Automatic Reversal for Denial of Counsel in Probation Revocation Proceedings Introduction In Matthew C. Skamfer v. Phillip A. Grassmann, 2025 WI 45, file no. 2025AP000952 (Apr. 30, 2025), the Supreme...
Interlocutory Orders and NRCP 54(b): Distinguishing Theories of Liability from Claims for Relief

Interlocutory Orders and NRCP 54(b): Distinguishing Theories of Liability from Claims for Relief

Date: May 1, 2025
Interlocutory Orders and NRCP 54(b): Distinguishing Theories of Liability from Claims for Relief Introduction The Nevada Supreme Court’s decision in Richardson v. Peters, D.O., 88800 (Apr. 30 2025),...
Keller v. Keller: Documentary Contradictions Bar Fraudulent-Inducement Challenges to Post-Divorce Stipulations

Keller v. Keller: Documentary Contradictions Bar Fraudulent-Inducement Challenges to Post-Divorce Stipulations

Date: May 1, 2025
Keller v. Keller: Documentary Contradictions Bar Fraudulent-Inducement Challenges to Post-Divorce Stipulations Introduction Keller v. Keller (2025 NY Slip Op 02581) is a significant decision from the...
Parental Dishonesty and Court-Order Noncompliance as Material Change in Custody Modifications: Stephens v. Buell

Parental Dishonesty and Court-Order Noncompliance as Material Change in Custody Modifications: Stephens v. Buell

Date: May 1, 2025
Parental Dishonesty and Court-Order Noncompliance as Material Change in Custody Modifications: Stephens v. Buell Introduction Stephens v. Buell, decided April 30, 2025 by the Idaho Supreme Court,...
Guardianship of A.D.H.: UCCJEA Jurisdictional Safeguards in Interstate Guardianship Transfers

Guardianship of A.D.H.: UCCJEA Jurisdictional Safeguards in Interstate Guardianship Transfers

Date: May 1, 2025
Guardianship of A.D.H.: UCCJEA Jurisdictional Safeguards in Interstate Guardianship Transfers Introduction In Guardianship of A.D.H., the Supreme Court of Montana addressed whether a guardianship...
Standards for Graduated Visitation Schedules in International Custody Modifications

Standards for Graduated Visitation Schedules in International Custody Modifications

Date: May 1, 2025
Standards for Graduated Visitation Schedules in International Custody Modifications Introduction Ekaterina Nicholaevna Pokrovskaya (“Mother”) and Eric Van Genderen Sr. (“Father”) were divorced in...
Deane v. Tracer (2025): Histopathological Proof as a Shield Against Summary Judgment in Foreign-Object Malpractice Claims

Deane v. Tracer (2025): Histopathological Proof as a Shield Against Summary Judgment in Foreign-Object Malpractice Claims

Date: May 1, 2025
Deane v. Tracer (2025): Histopathological Proof as a Shield Against Summary Judgment in Foreign-Object Malpractice Claims 1. Introduction Deane v. Tracer, 237 A.D.3d 1156 (2d Dep’t 2025) addresses...
Defining Qualifying Preexisting Disabilities and Eliminating Load Factors in PTD Claims Under RSMo § 287.220.3

Defining Qualifying Preexisting Disabilities and Eliminating Load Factors in PTD Claims Under RSMo § 287.220.3

Date: Apr 30, 2025
Defining Qualifying Preexisting Disabilities and Eliminating Load Factors in PTD Claims Under RSMo § 287.220.3 Introduction This commentary examines the Supreme Court of Missouri’s en banc decision...
Loera Precedent: Victim Seat-Belt Evidence Irrelevant to DUI Vehicular Homicide Causation

Loera Precedent: Victim Seat-Belt Evidence Irrelevant to DUI Vehicular Homicide Causation

Date: Apr 30, 2025
Loera Precedent: Victim Seat-Belt Evidence Irrelevant to DUI Vehicular Homicide Causation Introduction The Montana Supreme Court’s decision in State v. Loera, 2025 MT 84, clarifies two important...
Judicial Limits on Post-Plea Charge Modification: State v. Partain

Judicial Limits on Post-Plea Charge Modification: State v. Partain

Date: Apr 30, 2025
Judicial Limits on Post-Plea Charge Modification: State v. Partain Introduction The Supreme Court of Montana’s decision in State v. Partain (2025 MT 83) addresses fundamental questions about the...
Expanded Underinsured Motorist Coverage for Permissive Users under WV Code § 33-6-31(c)

Expanded Underinsured Motorist Coverage for Permissive Users under WV Code § 33-6-31(c)

Date: Apr 30, 2025
Expanded Underinsured Motorist Coverage for Permissive Users under WV Code § 33-6-31(c) Introduction Erie Insurance Property & Casualty Company v. James Skylar Cooper presents a significant dispute...
Affirming Absolute Litigation Privilege and the Doctrine of Mootness: RI Supreme Court in Evoqua v. Moriarty

Affirming Absolute Litigation Privilege and the Doctrine of Mootness: RI Supreme Court in Evoqua v. Moriarty

Date: Apr 30, 2025
Affirming Absolute Litigation Privilege and the Doctrine of Mootness: RI Supreme Court in Evoqua v. Moriarty Introduction Evoqua Water Technologies LLC and its affiliate Neptune-Benson sued their...
Fully Deferred Suspension for Failure to Cooperate with Disciplinary Investigations Under Rules 8.1(c), 8.4(a) and 8.4(d)

Fully Deferred Suspension for Failure to Cooperate with Disciplinary Investigations Under Rules 8.1(c), 8.4(a) and 8.4(d)

Date: Apr 30, 2025
Fully Deferred Suspension for Failure to Cooperate with Disciplinary Investigations Under Rules 8.1(c), 8.4(a) and 8.4(d) Introduction In In Re: Timothy A. Meche, 2025-B-0229 (La. 4/29/25), the...
Reaffirming Prevailing-Party Status Through Judicially Sanctioned Relief in Post-Judgment Family Law Proceedings

Reaffirming Prevailing-Party Status Through Judicially Sanctioned Relief in Post-Judgment Family Law Proceedings

Date: Apr 30, 2025
Reaffirming Prevailing-Party Status Through Judicially Sanctioned Relief in Post-Judgment Family Law Proceedings Introduction In the Supreme Court of Tennessee’s October 4, 2023 session, Vanessa...
Clarifying the Standards for Postsentencing Standing Criminal Protective Orders under § 53a-40e

Clarifying the Standards for Postsentencing Standing Criminal Protective Orders under § 53a-40e

Date: Apr 30, 2025
Clarifying the Standards for Postsentencing Standing Criminal Protective Orders under § 53a-40e Introduction The Supreme Court of Connecticut’s decision in State v. Mieles, 345 Conn. ___ (2025),...
Baseline Suspension for Lawyer Negligence, Communication Failures, and Fee Misconduct Established in In Re: Louviere

Baseline Suspension for Lawyer Negligence, Communication Failures, and Fee Misconduct Established in In Re: Louviere

Date: Apr 30, 2025
Baseline Suspension for Lawyer Negligence, Communication Failures, and Fee Misconduct Established in In Re: Louviere Introduction In In Re: Drew M. Louviere, the Supreme Court of Louisiana addressed...
Ex Post Facto Limits on Retroactive SVORA Amendments: Upholding Pre-2007 Registration Requirements

Ex Post Facto Limits on Retroactive SVORA Amendments: Upholding Pre-2007 Registration Requirements

Date: Apr 30, 2025
Ex Post Facto Limits on Retroactive SVORA Amendments: Upholding Pre-2007 Registration Requirements Introduction Clark v. State, 2025 MT 87, is a decision of the Supreme Court of Montana addressing...
Establishing Uniform Procedural Deadlines for Delayed Appeals in the Ohio Supreme Court

Establishing Uniform Procedural Deadlines for Delayed Appeals in the Ohio Supreme Court

Date: Apr 30, 2025
Establishing Uniform Procedural Deadlines for Delayed Appeals in the Ohio Supreme Court Introduction On April 29, 2025, the Supreme Court of Ohio issued its case announcements (2025-Ohio-1483),...
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