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  • Commentaries
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state Case Commentaries

Recognizing Inaction and Sexist Remarks as Basis for Gender Discrimination and Hostile Work Environment Under New York's Human Rights Law

Recognizing Inaction and Sexist Remarks as Basis for Gender Discrimination and Hostile Work Environment Under New York's Human Rights Law

Date: Apr 4, 2025
Recognizing Inaction and Sexist Remarks as Basis for Gender Discrimination and Hostile Work Environment Under New York's Human Rights Law Introduction Mikesh v. County of Ulster, 2025 NYSlipOp 01987...
Clarifying Discretionary-Function Immunity under the Mississippi Tort Claims Act:  
         Ministerial Duties, Discretionary Judgments, and Foreseeability in J.S. v. Ocean Springs

Clarifying Discretionary-Function Immunity under the Mississippi Tort Claims Act: Ministerial Duties, Discretionary Judgments, and Foreseeability in J.S. v. Ocean Springs

Date: Apr 4, 2025
Clarifying Discretionary-Function Immunity under the Mississippi Tort Claims Act: Ministerial Duties, Discretionary Judgments, and Foreseeability in J.S. v. Ocean Springs Introduction J.S. v. Ocean...
Reaffirming Disbarment for Trust-Account Misappropriation: The Three-Stage Sanctions Framework Clarified in In re Wallstrom

Reaffirming Disbarment for Trust-Account Misappropriation: The Three-Stage Sanctions Framework Clarified in In re Wallstrom

Date: Apr 4, 2025
Reaffirming Disbarment for Trust-Account Misappropriation: The Three-Stage Sanctions Framework Clarified in In re Wallstrom Introduction This commentary examines the Washington Supreme Court’s April...
Establishing Identity Through Circumstantial and DNA Evidence in Home-Invasion Prosecutions: People v. Warr

Establishing Identity Through Circumstantial and DNA Evidence in Home-Invasion Prosecutions: People v. Warr

Date: Apr 4, 2025
Establishing Identity Through Circumstantial and DNA Evidence in Home-Invasion Prosecutions: People v. Warr Introduction People v. Warr (2025 NYSlipOp 01979) is a landmark Third Department decision...
Felony Convictions and Guardianship Suitability: No Automatic Disqualification under NRS 159A.061(3)

Felony Convictions and Guardianship Suitability: No Automatic Disqualification under NRS 159A.061(3)

Date: Apr 4, 2025
Felony Convictions and Guardianship Suitability: No Automatic Disqualification under NRS 159A.061(3) Introduction In In re: Guardianship of H.B. III (141 Nev., Advance Opinion 15), the Supreme Court...
Director-Approved Language Determines Insurers’ Compliance with ORS 746.290(2)

Director-Approved Language Determines Insurers’ Compliance with ORS 746.290(2)

Date: Apr 4, 2025
Director-Approved Language Determines Insurers’ Compliance with ORS 746.290(2) 1. Introduction This commentary examines the Oregon Supreme Court’s decision in Bellshaw v. Farmers Insurance Company of...
People v. Jasso: Clarifying the Declaration-Against-Interest Exception and Sentencing Discretion under Senate Bill 620

People v. Jasso: Clarifying the Declaration-Against-Interest Exception and Sentencing Discretion under Senate Bill 620

Date: Apr 4, 2025
People v. Jasso: Clarifying the Declaration-Against-Interest Exception and Sentencing Discretion under Senate Bill 620 Introduction People v. Jasso (S179454) is a 2025 Supreme Court of California...
People v. Williams: Illinois Supreme Court Clarifies Limits of “Reasonable Assistance” in Postconviction Proceedings and Rejects “Paucity-of-Record” Remand

People v. Williams: Illinois Supreme Court Clarifies Limits of “Reasonable Assistance” in Postconviction Proceedings and Rejects “Paucity-of-Record” Remand

Date: Apr 4, 2025
People v. Williams: Illinois Supreme Court Clarifies Limits of “Reasonable Assistance” in Postconviction Proceedings and Rejects “Paucity-of-Record” Remand Introduction In People v. Williams, 2025 IL...
Temporal Reference Point for “Violent Felony” Status Under Arkansas’s Habitual-Offender Statute: Prior Convictions Count If Enumerated at the Time of the Current Offense

Temporal Reference Point for “Violent Felony” Status Under Arkansas’s Habitual-Offender Statute: Prior Convictions Count If Enumerated at the Time of the Current Offense

Date: Apr 4, 2025
Temporal Reference Point for “Violent Felony” Status Under Arkansas’s Habitual-Offender Statute: Prior Convictions Count If Enumerated at the Time of the Current Offense Introduction In Bryant Smith...
Illegality Defense Precludes Tort Recovery for Strict-Liability Felon-in-Possession Injuries

Illegality Defense Precludes Tort Recovery for Strict-Liability Felon-in-Possession Injuries

Date: Apr 4, 2025
Illegality Defense Precludes Tort Recovery for Strict-Liability Felon-in-Possession Injuries Introduction In Harris v. Howard, decided April 3, 2025 by the Supreme Court of Virginia, the Court...
Statutory Defendant Liability and Contractual Indemnity Under Labor Law §240(1): Hartrum v. Montefiore Hosp. Hous. § II Inc.

Statutory Defendant Liability and Contractual Indemnity Under Labor Law §240(1): Hartrum v. Montefiore Hosp. Hous. § II Inc.

Date: Apr 4, 2025
Statutory Defendant Liability and Contractual Indemnity Under Labor Law §240(1) Introduction In Hartrum v. Montefiore Hospital Housing Section II Inc. (2025 NYSlipOp 02008), the Appellate Division,...
Clarification of Contractor Liability for Undisclosed Hazardous Conditions and Scope of Indemnification Clauses

Clarification of Contractor Liability for Undisclosed Hazardous Conditions and Scope of Indemnification Clauses

Date: Apr 4, 2025
Clarification of Contractor Liability for Undisclosed Hazardous Conditions and Scope of Indemnification Clauses Introduction Town of Colonie v. Global Contracting & Painting, Inc. (2025 NYSlipOp...
People v Monk: Cumulative Counsel Errors as Grounds for Retrial in Credibility-Centered Sexual Assault Cases

People v Monk: Cumulative Counsel Errors as Grounds for Retrial in Credibility-Centered Sexual Assault Cases

Date: Apr 4, 2025
People v Monk: Cumulative Counsel Errors as Grounds for Retrial in Credibility-Centered Sexual Assault Cases Introduction In People v Monk (2025 NYSlipOp 01976), the Appellate Division, Third...
Ineffective Assistance: Failure to Object to Unauthorized Parole Testimony in People v. Franklin

Ineffective Assistance: Failure to Object to Unauthorized Parole Testimony in People v. Franklin

Date: Apr 4, 2025
Ineffective Assistance: Failure to Object to Unauthorized Parole Testimony in People v. Franklin Introduction In People v. Franklin (2025 NYSlipOp 01975), the Appellate Division, Third Department,...
Implementation of Social Services Law §367-a(9): Practitioner Dispensing Billing Clarification Exempt from Rulemaking

Implementation of Social Services Law §367-a(9): Practitioner Dispensing Billing Clarification Exempt from Rulemaking

Date: Apr 4, 2025
Implementation of Social Services Law §367-a(9): Practitioner Dispensing Billing Clarification Exempt from Rulemaking Introduction Matter of North Shore Hematology-Oncology Assoc., P.C. v. New York...
Ensuring Fair Equitable Distribution: Trial Courts’ Obligation to Reopen Financial Proof Upon Demonstration of Good Cause in Heber v. Heber

Ensuring Fair Equitable Distribution: Trial Courts’ Obligation to Reopen Financial Proof Upon Demonstration of Good Cause in Heber v. Heber

Date: Apr 4, 2025
Ensuring Fair Equitable Distribution: Trial Courts’ Obligation to Reopen Financial Proof Upon Demonstration of Good Cause in Heber v. Heber Introduction Heber v. Heber, 2025 NYSlipOp 01984 (App. Div....
Premium-Price and Illegal-Product UTPA Theories Free from Reliance Requirement – Bohr v. Tillamook County Creamery

Premium-Price and Illegal-Product UTPA Theories Free from Reliance Requirement – Bohr v. Tillamook County Creamery

Date: Apr 4, 2025
Premium-Price and Illegal-Product UTPA Theories Free from Reliance Requirement – Bohr v. Tillamook County Creamery Introduction In Bohr v. Tillamook County Creamery Assn., 373 Or 343 (2025), the...
Mandatory Detailed Findings under Ferguson: Sistrunk v. Sistrunk Clarifies Mississippi Equitable Distribution Requirements

Mandatory Detailed Findings under Ferguson: Sistrunk v. Sistrunk Clarifies Mississippi Equitable Distribution Requirements

Date: Apr 4, 2025
Mandatory Detailed Findings under Ferguson: Sistrunk v. Sistrunk Clarifies Mississippi Equitable Distribution Requirements Introduction Sistrunk v. Sistrunk, decided April 3, 2025 by the Supreme...
Admitting Non‑Contact Sexualized Conduct Under Arkansas’s Pedophile Exception and Reaffirming Course‑of‑Conduct Nonhearsay: Commentary on Meacham v. State, 2025 Ark. 27

Admitting Non‑Contact Sexualized Conduct Under Arkansas’s Pedophile Exception and Reaffirming Course‑of‑Conduct Nonhearsay: Commentary on Meacham v. State, 2025 Ark. 27

Date: Apr 4, 2025
Admitting Non‑Contact Sexualized Conduct Under Arkansas’s Pedophile Exception and Reaffirming Course‑of‑Conduct Nonhearsay: Commentary on Meacham v. State, 2025 Ark. 27 Introduction In Dean Leroy...
Clarification of Delaware Derivative Demand Refusal Standard: Business Judgment Rule and Board Committee Independence

Clarification of Delaware Derivative Demand Refusal Standard: Business Judgment Rule and Board Committee Independence

Date: Apr 3, 2025
Clarification of Delaware Derivative Demand Refusal Standard: Business Judgment Rule and Board Committee Independence Introduction In Elghanian-Halperin v. Dimon (2025 NYSlipOp 01907), the Appellate...
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