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  • Commentaries
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state Case Commentaries

Remand for Qualified Psychiatric Evidence under Rule 21(d) in Workers’ Compensation Claims

Remand for Qualified Psychiatric Evidence under Rule 21(d) in Workers’ Compensation Claims

Date: Apr 26, 2025
Remand for Qualified Psychiatric Evidence under Rule 21(d) in Workers’ Compensation Claims Introduction This commentary examines the Supreme Court of Appeals of West Virginia’s decision in E.B. v....
The Hutchinson Standard for Florida Death-Warrant Litigation: No Due Process Violation in Shortened Review Periods and No Expansion of Eighth Amendment Protections

The Hutchinson Standard for Florida Death-Warrant Litigation: No Due Process Violation in Shortened Review Periods and No Expansion of Eighth Amendment Protections

Date: Apr 26, 2025
The Hutchinson Standard for Florida Death-Warrant Litigation: No Due Process Violation in Shortened Review Periods and No Expansion of Eighth Amendment Protections Introduction Jeffrey G. Hutchinson...
Finality of Class Certification: Collateral Estoppel in EMCF III

Finality of Class Certification: Collateral Estoppel in EMCF III

Date: Apr 26, 2025
Finality of Class Certification: Collateral Estoppel in EMCF III Introduction Emergency Medical Care Facilities, P.C. (“EMCF”) v. BlueCross BlueShield of Tennessee, Inc. (“BCBST”), decided by the...
No Standing for Independent-Contractor Affiliates to Seek Counsel Disqualification: An Analysis of McGuire v. The McGuire Group, Inc. (2025 NY Slip Op 02468)

No Standing for Independent-Contractor Affiliates to Seek Counsel Disqualification: An Analysis of McGuire v. The McGuire Group, Inc. (2025 NY Slip Op 02468)

Date: Apr 26, 2025
No Standing for Independent-Contractor Affiliates to Seek Counsel Disqualification: A Commentary on McGuire v. The McGuire Group, Inc. (2025 NY Slip Op 02468) Introduction The Fourth Department’s...
Granath v. Monroe County: Clarifying “Reckless Disregard” and Confirming that Lights-and-Sirens Are Not a Pre-Condition to VTL §1104 Immunity

Granath v. Monroe County: Clarifying “Reckless Disregard” and Confirming that Lights-and-Sirens Are Not a Pre-Condition to VTL §1104 Immunity

Date: Apr 26, 2025
Granath v. Monroe County: Clarifying “Reckless Disregard” and Confirming that Lights-and-Sirens Are Not a Pre-Condition to VTL §1104 Immunity 1. Introduction Granath v. Monroe County, 237 A.D.3d 1594...
Reaffirming Broad Executive Discretion and Strict Limits on Warrant-Period Litigation in Florida Capital Cases: Hutchinson v. State

Reaffirming Broad Executive Discretion and Strict Limits on Warrant-Period Litigation in Florida Capital Cases: Hutchinson v. State

Date: Apr 26, 2025
Reaffirming Broad Executive Discretion and Strict Limits on Warrant-Period Litigation in Florida Capital Cases: Hutchinson v. State Introduction In Jeffrey G. Hutchinson v. State of Florida and...
Rule 56(f) and the Right to Essential Discovery: Ordonez v. Capitol Farmers Market, Inc.

Rule 56(f) and the Right to Essential Discovery: Ordonez v. Capitol Farmers Market, Inc.

Date: Apr 26, 2025
Rule 56(f) and the Right to Essential Discovery Before Summary Judgment Introduction In Ordonez v. Capitol Farmers Market, Inc., SC-2024-0424 (Ala. Apr. 25, 2025), the Supreme Court of Alabama...
Jurisdictional and Substantive Limits on ASORCNA Relief: Civil-Filing Requirement and Exclusion of Custodial Sexual Misconduct

Jurisdictional and Substantive Limits on ASORCNA Relief: Civil-Filing Requirement and Exclusion of Custodial Sexual Misconduct

Date: Apr 26, 2025
Jurisdictional and Substantive Limits on ASORCNA Relief: Civil-Filing Requirement and Exclusion of Custodial Sexual Misconduct Introduction In Briana Marquise Matthews v. State of Alabama, 2025 WL...
Interdependency Requirement for Aggregating Noncontiguous Parcels Under Section 705 of the Eminent Domain Code

Interdependency Requirement for Aggregating Noncontiguous Parcels Under Section 705 of the Eminent Domain Code

Date: Apr 26, 2025
Interdependency Requirement for Aggregating Noncontiguous Parcels Under Section 705 of the Eminent Domain Code Introduction In Pignetti, G. & J. h/w, Aplts. v. PennDOT, No. 26 & 27 EAP 2023 (Pa. Apr....
Clarifying “Used Together for a Unified Purpose”: Interdependency Requirement under Section 705 of the Eminent Domain Code

Clarifying “Used Together for a Unified Purpose”: Interdependency Requirement under Section 705 of the Eminent Domain Code

Date: Apr 26, 2025
Clarifying “Used Together for a Unified Purpose”: Interdependency Requirement under Section 705 of the Eminent Domain Code Introduction This commentary examines the Supreme Court of Pennsylvania’s...
Clarifying the Voluntary-Inpatient Threshold under Pennsylvania’s MHPA

Clarifying the Voluntary-Inpatient Threshold under Pennsylvania’s MHPA

Date: Apr 26, 2025
Clarifying the Voluntary-Inpatient Threshold under Pennsylvania’s MHPA Introduction In Estate of Frederick v. Geisinger Medical Center, the Pennsylvania Supreme Court addressed whether a patient’s...
Matter of Jayden M.:  Email Service Does Not Trigger Appellate Deadlines & “Standing-Mute” Representation Constitutes Party Default

Matter of Jayden M.: Email Service Does Not Trigger Appellate Deadlines & “Standing-Mute” Representation Constitutes Party Default

Date: Apr 26, 2025
Matter of Jayden M.: Email Service Does Not Trigger Appellate Deadlines & “Standing-Mute” Representation Constitutes Party Default Introduction The Fourth Department’s decision in Matter of Jayden M....
Arcangeli v. Global Industries: Re-affirming the Manufacturer’s Continuing Duty to Warn and Heightened Burden on Summary Judgment for Design-Defect Claims Involving Used Farm Machinery

Arcangeli v. Global Industries: Re-affirming the Manufacturer’s Continuing Duty to Warn and Heightened Burden on Summary Judgment for Design-Defect Claims Involving Used Farm Machinery

Date: Apr 26, 2025
Arcangeli v. Global Industries: Re-affirming the Manufacturer’s Continuing Duty to Warn and Heightened Burden on Summary Judgment for Design-Defect Claims Involving Used Farm Machinery Introduction...
Standardized Custody Procedures: Integrating Criminal Records, Abuse History, and Protective-Services Reports

Standardized Custody Procedures: Integrating Criminal Records, Abuse History, and Protective-Services Reports

Date: Apr 26, 2025
Standardized Custody Procedures: Integrating Criminal Records, Abuse History, and Protective-Services Reports Introduction In In Re: Order Amending Rules 1915.3-2, 1915.4-4, 1915.10, 1915.15, and...
New Due Process Safeguards for Juvenile Bench Warrants Under Pennsylvania Rules 140 & 141

New Due Process Safeguards for Juvenile Bench Warrants Under Pennsylvania Rules 140 & 141

Date: Apr 26, 2025
New Due Process Safeguards for Juvenile Bench Warrants Under Pennsylvania Rules 140 & 141 Introduction On April 25, 2025, the Supreme Court of Pennsylvania entered an order amending Rules 140 and 141...
New Standard for Limiting Impeachment Cross-Examination under the Confrontation Clause: Snowden Four-Factor Test Applied in Hazelett v. State

New Standard for Limiting Impeachment Cross-Examination under the Confrontation Clause: Snowden Four-Factor Test Applied in Hazelett v. State

Date: Apr 26, 2025
New Standard for Limiting Impeachment Cross-Examination under the Confrontation Clause: Snowden Four-Factor Test Applied in Hazelett v. State Introduction Hazelett v. State, decided by the Supreme...
Affirmation of Police Pursuit Immunity under Section 6-5-338

Affirmation of Police Pursuit Immunity under Section 6-5-338

Date: Apr 26, 2025
Affirmation of Police Pursuit Immunity under Section 6-5-338 Introduction In Ex parte City of Montgomery and Shelton Davis (2025), the Supreme Court of Alabama addressed whether a municipal police...
Mug Shots as “Identifiable Descriptions” under CHRIA: Police-Only Dissemination Rule

Mug Shots as “Identifiable Descriptions” under CHRIA: Police-Only Dissemination Rule

Date: Apr 26, 2025
Mug Shots as “Identifiable Descriptions” under CHRIA: Police-Only Dissemination Rule Introduction In Mezzacappa v. Northampton County, 2025 PA 40 MAP 2024, the Supreme Court of Pennsylvania resolved...
Volitional Act Means Voluntary Trigger Pull, Not Intent to Fire: Kansas Supreme Court Adopts Two‑Part Test for PLCAA Immunity in Product‑Liability Suits

Volitional Act Means Voluntary Trigger Pull, Not Intent to Fire: Kansas Supreme Court Adopts Two‑Part Test for PLCAA Immunity in Product‑Liability Suits

Date: Apr 26, 2025
Volitional Act Means Voluntary Trigger Pull, Not Intent to Fire: Kansas Supreme Court Adopts Two‑Part Test for PLCAA Immunity in Product‑Liability Suits Introduction In Johnson v. Bass Pro Outdoor...
Rigorous Enforcement of Interlocutory Appeal Deadlines Under Delaware Supreme Court Rule 42

Rigorous Enforcement of Interlocutory Appeal Deadlines Under Delaware Supreme Court Rule 42

Date: Apr 26, 2025
Rigorous Enforcement of Interlocutory Appeal Deadlines Under Delaware Supreme Court Rule 42 Introduction This commentary examines the Delaware Supreme Court’s decision in Edward S. Lampert v. Cannon...
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