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  • Commentaries
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state Case Commentaries

State v. Torres Aquino: Discovery Sanctions, Offer of Proof & Harmless Error Review

State v. Torres Aquino: Discovery Sanctions, Offer of Proof & Harmless Error Review

Date: Apr 19, 2025
State v. Torres Aquino: Discovery Sanctions, Offer of Proof & Harmless Error Review Introduction This commentary examines the Nebraska Supreme Court’s April 18, 2025 decision in State v. Torres...
Mandatory Aircraft Forfeiture Under Alaska’s Bootlegging Statute: Excessive Fines Clause Standard

Mandatory Aircraft Forfeiture Under Alaska’s Bootlegging Statute: Excessive Fines Clause Standard

Date: Apr 19, 2025
Mandatory Aircraft Forfeiture Under Alaska’s Bootlegging Statute: Excessive Fines Clause Standard Introduction In Kenneth John Jouppi v. State of Alaska, the Alaska Supreme Court addressed whether...
In re Scholz: Burden-Shift and Restitution Policy in Attorney Discipline

In re Scholz: Burden-Shift and Restitution Policy in Attorney Discipline

Date: Apr 19, 2025
In re Scholz: Burden-Shift and Restitution Policy in Attorney Discipline Introduction Office of Lawyer Regulation v. Carl Robert Scholz, 2025 WI 13, presents a watershed moment in Wisconsin...
Modification Authority Extended: Courts May Alter Non-Custodial Terms of Custody Decrees

Modification Authority Extended: Courts May Alter Non-Custodial Terms of Custody Decrees

Date: Apr 19, 2025
Modification Authority Extended: Courts May Alter Non-Custodial Terms of Custody Decrees Introduction In Katie Venechuk n/k/a Katie Vandewalker v. Gary A. Landherr, No. 23-0826 (Iowa Apr. 18, 2025),...
New Precedent: Judicial Officers’ Unwavering Impartiality and the Necessity of Removal for Bias and Prejudice

New Precedent: Judicial Officers’ Unwavering Impartiality and the Necessity of Removal for Bias and Prejudice

Date: Apr 19, 2025
New Precedent: Judicial Officers’ Unwavering Impartiality and the Necessity of Removal for Bias and Prejudice Introduction In In the Matter of Hon. David James Hanson, the Iowa Supreme Court...
Defining the Bounds of the Wisconsin Governor’s Partial Veto: Striking Digits to Alter Fiscal Duration Permissible Under Article V § 10

Defining the Bounds of the Wisconsin Governor’s Partial Veto: Striking Digits to Alter Fiscal Duration Permissible Under Article V § 10

Date: Apr 19, 2025
Defining the Bounds of the Wisconsin Governor’s Partial Veto: Striking Digits to Alter Fiscal Duration Permissible Under Article V § 10 Introduction In Jeffery A. LeMieux, et al. v. Tony Evers, et...
Meek’s Statutory Approach: All Property Becomes Marital at Commencement of Divorce; No Post‑Judgment Motion Needed to Preserve Legal Error

Meek’s Statutory Approach: All Property Becomes Marital at Commencement of Divorce; No Post‑Judgment Motion Needed to Preserve Legal Error

Date: Apr 19, 2025
Meek’s Statutory Approach: All Property Becomes Marital at Commencement of Divorce; No Post‑Judgment Motion Needed to Preserve Legal Error Introduction In In re Marriage of Meek (No. 124,904, Kansas...
Ouster Doctrine Refined: Exclusion Requirement and Rental Value Evidence in Partition Actions

Ouster Doctrine Refined: Exclusion Requirement and Rental Value Evidence in Partition Actions

Date: Apr 19, 2025
Ouster Doctrine Refined: Exclusion Requirement and Rental Value Evidence in Partition Actions Introduction In James Needham v. Roxanne O. Smith Trust, 2025 VT 18, the Vermont Supreme Court addressed...
LeMieux v. Evers: Reinforcing the Constitutional Limits on the Governor’s Partial Veto Power

LeMieux v. Evers: Reinforcing the Constitutional Limits on the Governor’s Partial Veto Power

Date: Apr 19, 2025
LeMieux v. Evers: Reinforcing the Constitutional Limits on the Governor’s Partial Veto Power Introduction In Jeffery A. LeMieux, et al. v. Tony Evers, et al., 2025 WI 12, the Wisconsin Supreme Court...
Defective Workmanship Not an “Occurrence” or “Property Damage” Under CGL: Dostart v. Columbia Insurance Group

Defective Workmanship Not an “Occurrence” or “Property Damage” Under CGL: Dostart v. Columbia Insurance Group

Date: Apr 19, 2025
Defective Workmanship Not an “Occurrence” or “Property Damage” Under CGL: Dostart v. Columbia Insurance Group Introduction In John Dostart and Deena Dostart v. Columbia Insurance Group, the Supreme...
Restitution Burden Allocation in Attorney Discipline: Shifting the Burden When Restitution Is Not Reasonably Ascertainable

Restitution Burden Allocation in Attorney Discipline: Shifting the Burden When Restitution Is Not Reasonably Ascertainable

Date: Apr 19, 2025
Restitution Burden Allocation in Attorney Discipline: Shifting the Burden When Restitution Is Not Reasonably Ascertainable Introduction The Supreme Court of Wisconsin’s decision in Office of Lawyer...
Criminal Division Jurisdiction under 13 V.S.A. § 2658 for Vacating Convictions of Human Trafficking Victims

Criminal Division Jurisdiction under 13 V.S.A. § 2658 for Vacating Convictions of Human Trafficking Victims

Date: Apr 19, 2025
Criminal Division Jurisdiction under 13 V.S.A. § 2658 for Vacating Convictions of Human Trafficking Victims Introduction State v. Jessica L. Morrill, 2025 VT 19, is a landmark decision by the Supreme...
Statutory Retroactive Parole Eligibility Does Not Constitute a Commutation: State ex rel. Hilgers v. Evnen

Statutory Retroactive Parole Eligibility Does Not Constitute a Commutation: State ex rel. Hilgers v. Evnen

Date: Apr 19, 2025
Statutory Retroactive Parole Eligibility Does Not Constitute a Commutation Introduction In State ex rel. Hilgers v. Evnen, 318 Neb. 803 (2025), the Nebraska Supreme Court addressed the...
Ensuring Equal Eligibility for Intradistrict and Interdistrict Transfer Students under Ark. Code § 6-18-1904(f)

Ensuring Equal Eligibility for Intradistrict and Interdistrict Transfer Students under Ark. Code § 6-18-1904(f)

Date: Apr 18, 2025
Ensuring Equal Eligibility for Intradistrict and Interdistrict Transfer Students under Ark. Code § 6-18-1904(f) Introduction In Vincent Standridge, on his own behalf and on behalf of his minor child...
Antommarchi Waiver and Harmless‐Error Doctrine for Sidebar Exclusions Established in People v. Hoyt

Antommarchi Waiver and Harmless‐Error Doctrine for Sidebar Exclusions Established in People v. Hoyt

Date: Apr 18, 2025
Antommarchi Waiver and Harmless‐Error Doctrine for Sidebar Exclusions Established in People v. Hoyt 1. Introduction In People v. Hoyt (2025 NYSlipOp 02241), the Appellate Division, Third Department,...
Procedural Limits on Injunctive Relief: Mootness and Venue in Stay Motions under CPLR – Matter of Town of Colonie v. City of New York

Procedural Limits on Injunctive Relief: Mootness and Venue in Stay Motions under CPLR – Matter of Town of Colonie v. City of New York

Date: Apr 18, 2025
Procedural Limits on Injunctive Relief: Mootness and Venue in Stay Motions under CPLR Matter of Town of Colonie v. City of New York (2025 NYSlipOp 02256) Introduction The Appellate Division, Third...
Conflict in Expert Testimony Prevents Summary Judgment: Matney v. Boyle Establishes Triable Issues Rule in Medical Malpractice

Conflict in Expert Testimony Prevents Summary Judgment: Matney v. Boyle Establishes Triable Issues Rule in Medical Malpractice

Date: Apr 18, 2025
New Rule: Conflicting Expert Opinions on Standard of Care and Causation Create Triable Issues Precluding Summary Judgment in Medical Malpractice Actions Introduction Matney v. Boyle, 2025 NYSlipOp...
Reaffirming Judicial Discretion and Best-Interest Standard in Minor Name-Change Petitions Involving Gender Transition

Reaffirming Judicial Discretion and Best-Interest Standard in Minor Name-Change Petitions Involving Gender Transition

Date: Apr 18, 2025
Reaffirming Judicial Discretion and Best-Interest Standard in Minor Name-Change Petitions Involving Gender Transition Introduction In In the Matter of the Petition of S.M.-B. v. Mississippi State...
Negligence Liability for Domestic Animal Injuries: Overruling Bard v. Jahnke

Negligence Liability for Domestic Animal Injuries: Overruling Bard v. Jahnke

Date: Apr 18, 2025
Negligence Liability for Domestic Animal Injuries: Overruling Bard v. Jahnke Introduction This commentary examines the landmark decision in Flanders v. Goodfellow (2025 NYSlipOp 02261), in which the...
Enforceability of Defense Counsel’s Jury-Cost Commitment under UCRCCC 3.13

Enforceability of Defense Counsel’s Jury-Cost Commitment under UCRCCC 3.13

Date: Apr 18, 2025
Enforceability of Defense Counsel’s Jury-Cost Commitment under UCRCCC 3.13 Introduction In In Re: M. Zachary Jex, 2025‐SC‐00291‐SCT (Miss. Apr. 17, 2025), the Supreme Court of Mississippi confronted...
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