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  • Commentaries
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state Case Commentaries

Reasonableness Standard for Survivorship Transfers Under Mutual Wills

Reasonableness Standard for Survivorship Transfers Under Mutual Wills

Date: Apr 17, 2025
Reasonableness Standard for Survivorship Transfers Under Mutual Wills Introduction This commentary examines the Supreme Court of New Hampshire’s decision in Michelle Boucher, individually and as...
Appeal Availability Precludes Mandamus Relief: The Adequate Remedy Principle in State ex rel. Tentman v. Sundermann

Appeal Availability Precludes Mandamus Relief: The Adequate Remedy Principle in State ex rel. Tentman v. Sundermann

Date: Apr 17, 2025
Appeal Availability Precludes Mandamus Relief: The Adequate Remedy Principle in State ex rel. Tentman v. Sundermann Introduction In State ex rel. Tentman v. Sundermann (2025-Ohio-1284), the Supreme...
Validity of Forged Deeds under A.R.S. § 12-524’s Five-Year Limitations Period

Validity of Forged Deeds under A.R.S. § 12-524’s Five-Year Limitations Period

Date: Apr 17, 2025
Validity of Forged Deeds under A.R.S. § 12-524’s Five-Year Limitations Period Introduction Dominguez v. Dominguez (Supreme Court of Arizona, April 16, 2025) addresses a family dispute over ownership...
Dual-Status Technicians Earn Paid Military Leave While on Title 10 Duty; No Antimilitary Animus Needed for USERRA Claims Involving Military-Only Benefits

Dual-Status Technicians Earn Paid Military Leave While on Title 10 Duty; No Antimilitary Animus Needed for USERRA Claims Involving Military-Only Benefits

Date: Apr 17, 2025
Dual-Status Technicians Earn Paid Military Leave While on Title 10 Duty; No Antimilitary Animus Needed for USERRA Claims Involving Military-Only Benefits Case: Christiansen v. Major General Morrell,...
Assignment of Municipal Tax Liens under §12-195h: Standing, Summary Judgment, and Foreclosure Practice

Assignment of Municipal Tax Liens under §12-195h: Standing, Summary Judgment, and Foreclosure Practice

Date: Apr 16, 2025
Assignment of Municipal Tax Liens under §12-195h: Standing, Summary Judgment, and Foreclosure Practice Introduction Cazenovia Creek Funding I, LLC (later Benchmark Municipal Tax Services, Ltd.) v....
Affirmation of Supreme Court of Ohio’s Summary Dismissal Authority and Discretionary Control Over Delayed Appeals

Affirmation of Supreme Court of Ohio’s Summary Dismissal Authority and Discretionary Control Over Delayed Appeals

Date: Apr 16, 2025
Affirmation of Supreme Court of Ohio’s Summary Dismissal Authority and Discretionary Control Over Delayed Appeals Introduction On April 15, 2025, the Supreme Court of Ohio issued its case...
Common Pleas Courts Retain Declaratory-Judgment Jurisdiction Over Transferred Municipal Court Claims

Common Pleas Courts Retain Declaratory-Judgment Jurisdiction Over Transferred Municipal Court Claims

Date: Apr 16, 2025
Common Pleas Courts Retain Declaratory-Judgment Jurisdiction Over Transferred Municipal Court Claims Introduction In State ex rel. Schwarzmer v. Mazzone (2025-Ohio-1246), the Supreme Court of Ohio...
Equitable Limits of Rule 74.06(b)(5): Change in Law Not Sole Basis for Relief

Equitable Limits of Rule 74.06(b)(5): Change in Law Not Sole Basis for Relief

Date: Apr 16, 2025
Equitable Limits of Rule 74.06(b)(5): Change in Law Not Sole Basis for Relief Introduction In City of Normandy v. Mike Kehoe (Mo. banc, Apr. 15, 2025), the Supreme Court of Missouri clarified the...
Establishing Maximum Medical Improvement and Scope of Compensable “Low Back” Injuries in West Virginia Workers’ Compensation

Establishing Maximum Medical Improvement and Scope of Compensable “Low Back” Injuries in West Virginia Workers’ Compensation

Date: Apr 16, 2025
Establishing Maximum Medical Improvement and Scope of Compensable “Low Back” Injuries in West Virginia Workers’ Compensation Introduction In Roger Weese v. Harry Green Chevrolet, Inc., 2025 WL ____...
Technical Deviations Versus Substantial Violations in Jury Selection: State v. Kerr and the Threshold for New Trial Motions under § 3-15-405, MCA

Technical Deviations Versus Substantial Violations in Jury Selection: State v. Kerr and the Threshold for New Trial Motions under § 3-15-405, MCA

Date: Apr 16, 2025
Technical Deviations Versus Substantial Violations in Jury Selection: State v. Kerr and the Threshold for New Trial Motions under § 3-15-405, MCA Introduction The Supreme Court of Montana’s...
The State’s Statutory Right to Appeal Civil Collateral Attacks Under Section 547.031 Affirmed

The State’s Statutory Right to Appeal Civil Collateral Attacks Under Section 547.031 Affirmed

Date: Apr 16, 2025
The State’s Statutory Right to Appeal Civil Collateral Attacks Under Section 547.031 Affirmed Introduction This case arises from a novel post-conviction procedure codified at Missouri Revised...
Implied Waiver of Sixth Amendment Counsel Through Unreasonable Delay and Court’s Authority to Rectify Inconsistent Jury Verdicts

Implied Waiver of Sixth Amendment Counsel Through Unreasonable Delay and Court’s Authority to Rectify Inconsistent Jury Verdicts

Date: Apr 16, 2025
Implied Waiver of Sixth Amendment Counsel Through Unreasonable Delay and Court’s Authority to Rectify Inconsistent Jury Verdicts Introduction In State of Missouri v. David Thompson, the Supreme Court...
In Re: Schnyder – Establishing a Three-Year Suspension for Recidivist Trust Account Misconduct and Non-Cooperation

In Re: Schnyder – Establishing a Three-Year Suspension for Recidivist Trust Account Misconduct and Non-Cooperation

Date: Apr 16, 2025
In Re: Schnyder – Establishing a Three-Year Suspension for Recidivist Trust Account Misconduct and Non-Cooperation Introduction In Re: Clayton Paul Schnyder, Jr. presents a disciplinary proceeding...
Scope of Primary Assumption of Risk in Sports: Limits on Unreasonably Enhanced Risks and Non-Participant Injuries

Scope of Primary Assumption of Risk in Sports: Limits on Unreasonably Enhanced Risks and Non-Participant Injuries

Date: Apr 16, 2025
Scope of Primary Assumption of Risk in Sports: Limits on Unreasonably Enhanced Risks and Non-Participant Injuries Introduction In Katleski v. Cazenovia Golf Club, Inc. (2025 NYSlipOp 02178), the New...
“Timeliness and Substance Requirements for New-Trial Motions Based on Jury Pool Irregularities Under § 3-15-405, MCA”

“Timeliness and Substance Requirements for New-Trial Motions Based on Jury Pool Irregularities Under § 3-15-405, MCA”

Date: Apr 16, 2025
Timeliness and Substance Requirements for New-Trial Motions Based on Jury Pool Irregularities Under § 3-15-405, MCA Introduction State v. Craft, 2025 MT 75N, is an unpublished memorandum decision of...
New Precedent: Lawful Pursuit of Fleeing Suspects from Level Three Stops (People v. Cleveland)

New Precedent: Lawful Pursuit of Fleeing Suspects from Level Three Stops (People v. Cleveland)

Date: Apr 16, 2025
New Precedent: Lawful Pursuit of Fleeing Suspects from Level Three Stops (People v. Cleveland) Introduction In People v. Cleveland (2025 NYSlipOp 02144), the New York Court of Appeals clarified when...
Limits on Primary Assumption of Risk: Municipal Liability for Negligent Maintenance of Recreational Premises

Limits on Primary Assumption of Risk: Municipal Liability for Negligent Maintenance of Recreational Premises

Date: Apr 16, 2025
Limits on Primary Assumption of Risk: Municipal Liability for Negligent Maintenance of Recreational Premises Introduction Maharaj v. City of New York, 2025 NY Slip Op 02143, decided April 15, 2025 by...
Sanctions for Scheduling-Order Violations: Discretionary Attorney Fees under I.R.C.P. 16(e) and Idaho Code § 12-121

Sanctions for Scheduling-Order Violations: Discretionary Attorney Fees under I.R.C.P. 16(e) and Idaho Code § 12-121

Date: Apr 16, 2025
Sanctions for Scheduling-Order Violations: Discretionary Attorney Fees under I.R.C.P. 16(e) and Idaho Code § 12-121 Introduction This commentary examines the Supreme Court of Idaho’s decision in...
Inclusion of Common Law within “Law” under Michigan’s Whistleblowers’ Protection Act

Inclusion of Common Law within “Law” under Michigan’s Whistleblowers’ Protection Act

Date: Apr 15, 2025
Inclusion of Common Law within “Law” under Michigan’s Whistleblowers’ Protection Act 1. Introduction This commentary examines the Supreme Court of Michigan’s decision in James Stefanski v. Saginaw...
Clarifying “Able to Provide Support” in Michigan Child‐Protective Jurisdiction under MCL 712A.2(b)

Clarifying “Able to Provide Support” in Michigan Child‐Protective Jurisdiction under MCL 712A.2(b)

Date: Apr 15, 2025
Clarifying “Able to Provide Support” in Michigan Child‐Protective Jurisdiction under MCL 712A.2(b) 1. Introduction In In re D. V. Lange, Minor (Mich 2025), the Michigan Supreme Court resolved a...
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