state Case Commentaries

Angel v. Strulovich: Three-Year Conversion Limitations Controls Conversion‑Based Constructive Trust Claims; Accrual at Initial Withholding of Investment Funds

Date: Jul 17, 2025

Angel v. Strulovich: Three-Year Conversion Limitations Controls Conversion‑Based Constructive Trust Claims; Accrual at Initial Withholding of Investment Funds Introduction In Angel v. Strulovich...

Disbarment for Misappropriating Employer Funds While Suspended: Prior Similar Discipline and Noncooperation Warrant the Ultimate Sanction Even Absent an 8.4(b) Allegation

Date: Jul 17, 2025

Disbarment for Misappropriating Employer Funds While Suspended: Prior Similar Discipline and Noncooperation Warrant the Ultimate Sanction Even Absent an 8.4(b) Allegation Introduction In In re...

No “Unlawful Conduct” Carve‑Out to Minnesota’s Reporter Shield; Privilege Logs Permissible Under the MFFIA

Date: Jul 17, 2025

No “Unlawful Conduct” Carve‑Out to Minnesota’s Reporter Shield; Privilege Logs Permissible Under the MFFIA Court: Supreme Court of Minnesota Case: Energy Transfer LP (formerly known as Energy...

Appellate Deference to DSM‑5‑TR–Based PTSD Diagnoses; Mootness Bars Consequential OSTD Claims; Frivolous Denials Penalized — Commentary on Peterson v. City of Minneapolis

Date: Jul 17, 2025

Appellate Deference to DSM‑5‑TR–Based PTSD Diagnoses; Mootness Bars Consequential OSTD Claims; Frivolous Denials Penalized Introduction In Lucas Peterson v. City of Minneapolis, Self-Insured, 23...

Limiting Dobbs: Minnesota Supreme Court Holds “New Interpretation” Exception Requires Case‑Specific Applicability; Untimely Postconviction Claims Not Revived by Abortion Jurisprudence

Date: Jul 17, 2025

Limiting Dobbs: Minnesota Supreme Court Holds “New Interpretation” Exception Requires Case‑Specific Applicability; Untimely Postconviction Claims Not Revived by Abortion Jurisprudence Introduction In...

USPS Change‑of‑Address as Due Diligence: Second Department Clarifies CPLR 308(4) “Affix-and-Mail” and the Burden to Rebut Proper Service

Date: Jul 17, 2025

USPS Change‑of‑Address as Due Diligence: Second Department Clarifies CPLR 308(4) “Affix-and-Mail” and the Burden to Rebut Proper Service Case: PNMAC Mortgage Opportunity Fund Investors, LLC v....

School-Observed Injury as Corroboration and Untreated Mental Illness as Independent Grounds for Neglect: Second Department’s Dual-Track Affirmance in Matter of Zaria P. (Sade G.)

Date: Jul 17, 2025

School-Observed Injury as Corroboration and Untreated Mental Illness as Independent Grounds for Neglect: Second Department’s Dual-Track Affirmance in Matter of Zaria P. (Sade G.) Introduction In...

“No Taking in Treating the Indigent” – The New Jersey Supreme Court Affirms that Mandatory Charity-Care Is Not a Compensable Taking

Date: Jul 17, 2025

“No Taking in Treating the Indigent”: Englewood Hospital & Medical Center v. State Sets the Modern Boundary Between Public-Health Obligations and Property Rights 1. Introduction On 16 July 2025 the...

Issue Preclusion in New York Attorney Discipline: Out‑of‑State Probate Findings (Including Intent and Bad Faith) Bind the Respondent, But Rule Violations Remain for the Court

Date: Jul 17, 2025

Issue Preclusion in New York Attorney Discipline: Out‑of‑State Probate Findings (Including Intent and Bad Faith) Bind the Respondent, But Rule Violations Remain for the Court Introduction Matter of...

Confirmed Chapter 13 “Surrender/Release” Judicially Estops FAPA and Other Nonjurisdictional Foreclosure Defenses; Referee’s Amount-Due Findings Must Be Supported by Produced Business Records

Date: Jul 17, 2025

Confirmed Chapter 13 “Surrender/Release” Judicially Estops FAPA and Other Nonjurisdictional Foreclosure Defenses; Referee’s Amount-Due Findings Must Be Supported by Produced Business Records...

No Constructive Trust Without a Property‑Specific Promise: The Second Department limits constructive trusts where diverted funds merely improve unrelated properties

Date: Jul 17, 2025

No Constructive Trust Without a Property‑Specific Promise: The Second Department limits constructive trusts where diverted funds merely improve unrelated properties Introduction In Angel v....

HomeRiver v. Anders Business Solutions: Reaffirming the Strict Majority-Member Exception for LLC Self-Representation in Montana Justice Courts

Date: Jul 16, 2025

HomeRiver v. Anders Business Solutions: Reaffirming the Strict Majority-Member Exception for LLC Self-Representation in Montana Justice Courts Supreme Court of Montana – 2025 MT 154N Appeal No. DA...

“Outside the School-Student Relationship” – Arizona Supreme Court Defines the Geographic Limits of a School’s Duty of Care (PUSD 210 v. Hon. Sinclair/Lucero, 2025)

Date: Jul 16, 2025

“Outside the School-Student Relationship” – Arizona Supreme Court Defines the Geographic Limits of a School’s Duty of Care Commentary on PUSD 210 v. Hon. Sinclair / Lucero, CV-24-0307-PR (Ariz. Jul....

The Padilla Tolling Rule: Dismissal Without Prejudice Does Not Stop the Statutory Clock for Second-Degree Felonies in New Mexico

Date: Jul 16, 2025

The Padilla Tolling Rule: Dismissal Without Prejudice Does Not Stop the Statutory Clock for Second-Degree Felonies in New Mexico 1. Introduction In State v. Padilla, decided on 15 July 2025, the New...

State v. Raymond: Experience-Based “General Education” Expert Testimony on Domestic-Violence Dynamics Is Admissible Without Daubert Factor Analysis Under RSA 516:29-a

Date: Jul 16, 2025

State v. Raymond: Experience-Based “General Education” Expert Testimony on Domestic-Violence Dynamics Is Admissible Without Daubert Factor Analysis Under RSA 516:29-a Introduction In State v....

The “Enclosure” Imperative Reaffirmed: State v. Jones (2025) and the Non-Structural Portal

Date: Jul 16, 2025

The “Enclosure” Imperative Reaffirmed: State v. Jones (2025) and the Non-Structural Portal 1. Introduction In State v. Jones, the Supreme Court of New Mexico confronted a deceptively simple but...

Clarifying the Procedural Framework for De Novo Appeals in Rhode Island: Discovery Limits, Order of Proof, and Pro-Se Litigant Standards

Date: Jul 16, 2025

Clarifying the Procedural Framework for De Novo Appeals in Rhode Island: Discovery Limits, Order of Proof, and Pro-Se Litigant Standards Introduction In E.H. Turf Supply Co., Inc. d/b/a Allen’s Seed...

State v. Iverson: Strategic Waiver Bars Golding Review of Confrontation Challenges to Nontestifying Autopsy Authors; Whistnant Requires a Real Dispute Between Intent and Recklessness

Date: Jul 16, 2025

State v. Iverson: Strategic Waiver Bars Golding Review of Confrontation Challenges to Nontestifying Autopsy Authors; Whistnant Requires a Real Dispute Between Intent and Recklessness Court: Supreme...

“Clear and Unmistakable Waiver” Required: Garcia v. New Mexico Human Services Department and the Autonomy of Public Employees’ Statutory Rights

Date: Jul 16, 2025

“Clear and Unmistakable Waiver” Required to Compel Arbitration of Statutory Claims: A Commentary on Garcia v. New Mexico Human Services Department (2025) 1. Introduction In Garcia v. New Mexico Human...

State v. Villanueva: Evidentiary Predicate for Investigative-Inadequacy Instructions; No Per Se Suppression for § 54-1p Warning Omissions; Autopsy Photographs Are Nonhearsay for Confrontation Purposes

Date: Jul 16, 2025

State v. Villanueva: Evidentiary Predicate for Investigative-Inadequacy Instructions; No Per Se Suppression for § 54-1p Warning Omissions; Autopsy Photographs Are Nonhearsay for Confrontation...

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