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  • Commentaries
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state Case Commentaries

State v. Bradley: Broad Inapplicability of Spousal Privilege in RSA Chapter 632-A Proceedings

State v. Bradley: Broad Inapplicability of Spousal Privilege in RSA Chapter 632-A Proceedings

Date: Apr 25, 2025
State v. Bradley: Broad Inapplicability of Spousal Privilege in RSA Chapter 632-A Proceedings Introduction In State v. Bradley, 2025 N.H. 19, the Supreme Court of New Hampshire addressed the scope of...
Establishing an Objective “Obviousness” Standard Under NHRPC 4.4(a) to Prevent Third-Person Burdening

Establishing an Objective “Obviousness” Standard Under NHRPC 4.4(a) to Prevent Third-Person Burdening

Date: Apr 25, 2025
Establishing an Objective “Obviousness” Standard Under NHRPC 4.4(a) to Prevent Third-Person Burdening Introduction The Supreme Court of New Hampshire’s decision in Appeal of Hoppock, 2025 N.H. 18,...
Discretionary Cancellation of Lis Pendens: The Inherent-Power Doctrine Reaffirmed in Zwickel v. Underhill Land LLC

Discretionary Cancellation of Lis Pendens: The Inherent-Power Doctrine Reaffirmed in Zwickel v. Underhill Land LLC

Date: Apr 25, 2025
Discretionary Cancellation of Lis Pendens: The Inherent-Power Doctrine Reaffirmed in Zwickel v. Underhill Land LLC Introduction Zwickel v. Underhill Land LLC (2025 NY Slip Op 02384) is a Third...
People v. Cox (2025): No Sua Sponte Inquiry into Psychiatric Defenses after Competency Finding

People v. Cox (2025): No Sua Sponte Inquiry into Psychiatric Defenses after Competency Finding

Date: Apr 25, 2025
People v. Cox (2025): Appellate Division Clarifies that Trial Courts Are Not Required to Conduct a Sua Sponte Psychiatric-Defense Inquiry During Plea Allocution Once Competency Has Been Established...
Minor Discrepancies No Longer Defeat the Presumption of Regularity in Will Executions – Commentary on Matter of Ostrander (2025)

Minor Discrepancies No Longer Defeat the Presumption of Regularity in Will Executions – Commentary on Matter of Ostrander (2025)

Date: Apr 25, 2025
Minor Discrepancies No Longer Defeat the Presumption of Regularity in Will Executions – A Detailed Commentary on Matter of Ostrander (2025 NY Slip Op 02382) 1. Introduction The Appellate Division,...
Conditional Reinstatement and the “No-Solo Practice” Mandate: Matter of Crockett (2025) and the Elevated Public-Interest Test for Suspended Attorneys

Conditional Reinstatement and the “No-Solo Practice” Mandate: Matter of Crockett (2025) and the Elevated Public-Interest Test for Suspended Attorneys

Date: Apr 25, 2025
Conditional Reinstatement and the “No-Solo Practice” Mandate: Matter of Crockett (2025) and the Elevated Public-Interest Test for Suspended Attorneys I. Introduction Matter of Crockett, 237 A.D.3d...
Crossland v. Indiana: Refining Standards for Impartial Juries, Venue Transfers, Peremptory Challenges, and Defense Rights

Crossland v. Indiana: Refining Standards for Impartial Juries, Venue Transfers, Peremptory Challenges, and Defense Rights

Date: Apr 24, 2025
Crossland v. Indiana: Refining Standards for Impartial Juries, Venue Transfers, Peremptory Challenges, and Defense Rights Introduction In Chelsea L. Crossland v. State of Indiana (Ind. 2025), the...

        The Dual-Track Test for Fraudulent Conveyance Claims: Pine Valley Center, LLC v. Jacobs Refines Summary-Judgment Standards under former N.Y. Debtor & Creditor Law §§ 273 and 276

The Dual-Track Test for Fraudulent Conveyance Claims: Pine Valley Center, LLC v. Jacobs Refines Summary-Judgment Standards under former N.Y. Debtor & Creditor Law §§ 273 and 276

Date: Apr 24, 2025
The Dual-Track Test for Fraudulent Conveyance Claims: Pine Valley Center, LLC v. Jacobs Refines Summary-Judgment Standards under former N.Y. Debtor & Creditor Law §§ 273 and 276 1. Introduction In...
Validation of Exclusive Administrative Forum Clauses under Section 11-35-4230

Validation of Exclusive Administrative Forum Clauses under Section 11-35-4230

Date: Apr 24, 2025
Validation of Exclusive Administrative Forum Clauses under Section 11-35-4230 Introduction The consolidated appeals in Intellectual Capital, Inc. v. Chief Procurement Officer (Appellate Case No....
In re: Carl v. Williams – Establishing One-Year Suspension for Knowing Conversion of Client Funds

In re: Carl v. Williams – Establishing One-Year Suspension for Knowing Conversion of Client Funds

Date: Apr 24, 2025
In re: Carl v. Williams – Establishing One-Year Suspension for Knowing Conversion of Client Funds Introduction In In re: Carl v. Williams, 2025-B-0200 (La. 4/23/25), the Supreme Court of Louisiana...
Lopez v. Neira: Reaffirming the Court’s Non-Delegable Duty to Define Post-Counseling Parental Access Schedules

Lopez v. Neira: Reaffirming the Court’s Non-Delegable Duty to Define Post-Counseling Parental Access Schedules

Date: Apr 24, 2025
Lopez v. Neira: Reaffirming the Court’s Non-Delegable Duty to Define Post-Counseling Parental Access Schedules Introduction In Matter of Lopez v. Neira (2025 NY Slip Op 02345), the Appellate...
Parental Duties Unaffected by Guardianship: Clarifying Support, Communication, and Judicial Estoppel under Wyo. Stat. §14-2-309(a)(i)

Parental Duties Unaffected by Guardianship: Clarifying Support, Communication, and Judicial Estoppel under Wyo. Stat. §14-2-309(a)(i)

Date: Apr 24, 2025
Parental Duties Unaffected by Guardianship: Clarifying Support, Communication, and Judicial Estoppel under Wyo. Stat. §14-2-309(a)(i) Introduction This commentary examines Michael Session v. Michael...
Proportional Attorney Fee Awards under the Rhode Island Open Meetings Act: Discretion and Proportionality Affirmed

Proportional Attorney Fee Awards under the Rhode Island Open Meetings Act: Discretion and Proportionality Affirmed

Date: Apr 24, 2025
Proportional Attorney Fee Awards under the Rhode Island Open Meetings Act: Discretion and Proportionality Affirmed Introduction John Cullen v. Albion Fire District et al. (No. 2024-195-Appeal,...
“The Whitfield Clarification” – Pleading Injury in Fraud and Defining Freelancer Status under NY Labor Law & FLSA

“The Whitfield Clarification” – Pleading Injury in Fraud and Defining Freelancer Status under NY Labor Law & FLSA

Date: Apr 24, 2025
“The Whitfield Clarification” – Pleading Injury in Fraud and Defining Freelancer Status under NY Labor Law & FLSA Introduction Whitfield v. Law Enforcement Employees Benevolent Association (237...
Course-of-Conduct Modifications and Good-Faith Bonus Allocation: Commentary on Gutt v. North American Partners in Anesthesia, LLP (2025)

Course-of-Conduct Modifications and Good-Faith Bonus Allocation: Commentary on Gutt v. North American Partners in Anesthesia, LLP (2025)

Date: Apr 24, 2025
Course-of-Conduct Modifications and Good-Faith Bonus Allocation: Commentary on Gutt v. North American Partners in Anesthesia, LLP (2025 NY Slip Op 02326; 237 A.D.3d 1063) 1. Introduction Gutt v....
Substantial Evidence and Board Discretion in Alaska Workers’ Compensation Appeals

Substantial Evidence and Board Discretion in Alaska Workers’ Compensation Appeals

Date: Apr 24, 2025
Substantial Evidence and Harmless-Error Doctrine Affirmed in Alaska Workers’ Compensation Appeals Introduction This commentary examines the Supreme Court of Alaska’s April 23, 2025 Memorandum Opinion...
Clarifying Real Estate Licensee Liability: No Private Cause of Action Under the South Carolina Residential Property Condition Disclosure Act and the Justifiable Reliance Standard in Negligent Misrepresentation Claims

Clarifying Real Estate Licensee Liability: No Private Cause of Action Under the South Carolina Residential Property Condition Disclosure Act and the Justifiable Reliance Standard in Negligent Misrepresentation Claims

Date: Apr 24, 2025
Clarifying Real Estate Licensee Liability: No Private Cause of Action Under the South Carolina Residential Property Condition Disclosure Act and the Justifiable Reliance Standard in Negligent...
Defining “Intra-Agency Deliberative Material” Under Indiana’s APRA

Defining “Intra-Agency Deliberative Material” Under Indiana’s APRA

Date: Apr 24, 2025
Defining “Intra-Agency Deliberative Material” Under Indiana’s APRA 1. Introduction Family & Social Services Administration v. Robert E. Saint (No. 25S-MI-101, decided April 23, 2025) is a landmark...
FAPA Estoppel Solidified: Dismissal for RPAPL 1304 Non-Compliance Does Not Undo Mortgage Acceleration – A Commentary on Brennan v. Deutsche Bank Trust Co. Americas (2025)

FAPA Estoppel Solidified: Dismissal for RPAPL 1304 Non-Compliance Does Not Undo Mortgage Acceleration – A Commentary on Brennan v. Deutsche Bank Trust Co. Americas (2025)

Date: Apr 24, 2025
FAPA Estoppel Solidified: Dismissal for RPAPL 1304 Non-Compliance Does Not Undo Mortgage Acceleration – Brennan v. Deutsche Bank Trust Co. Americas (2025) Introduction Brennan v. Deutsche Bank Trust...
Domicile Requirement for Ripening Out-of-State Common Law Marriages under Montana Law

Domicile Requirement for Ripening Out-of-State Common Law Marriages under Montana Law

Date: Apr 23, 2025
Domicile Requirement for Ripening Out-of-State Common Law Marriages under Montana Law Introduction This commentary examines the Supreme Court of Montana’s decision in Estate of Estel Neven Zugg (2025...
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