state Case Commentaries

Interpreting “Consider” Under VCEA: Discretion and Non-Mandatory Findings in CPCN Proceedings

Date: Mar 28, 2025

Interpreting “Consider” Under VCEA: Discretion and Non-Mandatory Findings in CPCN Proceedings Introduction In WVALDC v. State Corporation Commission, the Supreme Court of Virginia addressed the scope...

Gilbert / March v. Dept. of Energy: Jurisdiction and Contested Case Standards for Amending Energy Facility Site Certificates

Date: Mar 28, 2025

Gilbert / March v. Dept. of Energy: Jurisdiction and Contested Case Standards for Amending Energy Facility Site Certificates Introduction In Gilbert / March v. Department of Energy, 373 Or 289...

Hill v. Emergency Medicine of Idaho: Idaho rejects children’s loss-of-parental-consortium (nonfatal injury) and deems generic “hindsight bias” expert testimony irrelevant and prejudicial

Date: Mar 28, 2025

Hill v. Emergency Medicine of Idaho: Idaho rejects children’s loss-of-parental-consortium (nonfatal injury) and deems generic “hindsight bias” expert testimony irrelevant and prejudicial Court: Idaho...

Existence-at-Request Controls Statutory Damages; Temporal Security-Record Exemption Clarified under Ohio’s Public Records Act

Date: Mar 28, 2025

Existence-at-Request Controls Statutory Damages; Temporal Security-Record Exemption Clarified under Ohio’s Public Records Act Introduction In State ex rel. Adkins v. Cole, Slip Opinion No....

Strict Enforcement of Appellate Deadlines in Recall Appeals: Washington Supreme Court Affirms Inherent Power to Dismiss for Failure to Prosecute

Date: Mar 28, 2025

Strict Enforcement of Appellate Deadlines in Recall Appeals: Washington Supreme Court Affirms Inherent Power to Dismiss for Failure to Prosecute Introduction In In re Recall of Ruelas, the Washington...

No Duty to Renegotiate: Michigan Supreme Court Confirms the Implied Covenant Cannot Override an Express Pricing Formula or Create a Duty to Negotiate (“Unless Otherwise Agreed”) — Kircher v. Boyne USA, Inc. (2025)

Date: Mar 28, 2025

No Duty to Renegotiate: Michigan Supreme Court Confirms the Implied Covenant Cannot Override an Express Pricing Formula or Create a Duty to Negotiate (“Unless Otherwise Agreed”) — Kircher v. Boyne...

Reinforcing Causation and Expert Proof in Legal Malpractice: Scott v. Schwartz (2025)

Date: Mar 28, 2025

Reinforcing Causation and Expert Proof in Legal Malpractice: Scott v. Schwartz (2025) Introduction Scott v. Schwartz (2025 NYSlipOp 01849) is a Third Department Appellate Division decision addressing...

Fundamental Error Overrides Preclusion in Idaho Termination/Adoption Cases; Rule 60(b)(4) Must Be Brought Within a “Reasonable Time”; Six‑Month Adoption Repose Unconstitutional as Applied Where an Unwed “Biology‑Plus” Father Received No Notice

Date: Mar 28, 2025

Fundamental Error Overrides Preclusion in Idaho Termination/Adoption Cases; Rule 60(b)(4) Must Be Brought Within a “Reasonable Time”; Six‑Month Adoption Repose Unconstitutional as Applied Where an...

Denial, Not Dismissal: Moot Public-Records Mandamus Petitions Must Be Denied — State ex rel. Ames v. Concord Twp. Bd. of Trustees

Date: Mar 28, 2025

Denial, Not Dismissal: Moot Public-Records Mandamus Petitions Must Be Denied — State ex rel. Ames v. Concord Twp. Bd. of Trustees Introduction In State ex rel. Ames v. Concord Township Board of...

Florida Supreme Court: No Certiorari Review of Anti‑SLAPP Denials; Interlocutory Appeals Authorized via Amended Rule 9.130

Date: Mar 28, 2025

Florida Supreme Court: No Certiorari Review of Anti‑SLAPP Denials; Interlocutory Appeals Authorized via Amended Rule 9.130 Case: Kevin Vericker v. Norman Christopher Powell Court: Supreme Court of...

"Only Constituents May Recall": Washington Supreme Court Establishes Constitutional Standing Rule for Local Recalls and Affirms Fee Sanctions for Bad-Faith Petitions

Date: Mar 28, 2025

"Only Constituents May Recall": Washington Supreme Court Establishes Constitutional Standing Rule for Local Recalls and Affirms Fee Sanctions for Bad-Faith Petitions Introduction In In re Recall of...

Beyond Procedure: RAP 2.3(b)(3) Authorizes Discretionary Review for Substantive Departures from the Accepted Course of Proceedings

Date: Mar 28, 2025

Beyond Procedure: RAP 2.3(b)(3) Authorizes Discretionary Review for Substantive Departures from the Accepted Course of Proceedings Case: In re Dependency of C.J.J.I., C.V.I., and R.A.R., Jr. Court:...

Restitution as Part of Sentence and the Presumption Against Vindictiveness: People v. Powell (2025)

Date: Mar 28, 2025

Restitution as Part of Sentence and the Presumption Against Vindictiveness: People v. Powell (2025) Introduction People v. Powell (2025 NYSlipOp 01839) is a landmark Third Department decision...

Clarifying the Evidentiary Standard for Permanent Total Disability under New York Workers’ Compensation Law

Date: Mar 28, 2025

Clarifying the Evidentiary Standard for Permanent Total Disability under New York Workers’ Compensation Law 1. Introduction Matter of Serrano v. Bay Park Center for Nursing & Rehabilitation (2025...

Remorse and Rehabilitation as Thresholds for Restoration of Medical Licenses – Matter of Gabriel

Date: Mar 28, 2025

Remorse and Rehabilitation as Thresholds for Restoration of Medical Licenses – Matter of Gabriel Introduction The Appellate Division, Third Department, in Matter of Gabriel v. University of the State...

State v. Smith: Continuance Over Mistrial—Managing Jury Deliberations During Public Health Emergencies

Date: Mar 28, 2025

State v. Smith: Continuance Over Mistrial—Managing Jury Deliberations During Public Health Emergencies Introduction In State v. Smith (2025‐NM‐SC‐39989), the Supreme Court of New Mexico confronted...

Raab v. Nu Skin: CR 12(b)(3) Is Not the Vehicle to Enforce Out-of-State Forum-Selection Clauses in Washington; Voicelink Overruled

Date: Mar 28, 2025

Raab v. Nu Skin: CR 12(b)(3) Is Not the Vehicle to Enforce Out-of-State Forum-Selection Clauses in Washington; Voicelink Overruled Introduction In a significant procedural ruling with statewide...

Clarifying the “Sole Cause” Standard in Workers’ Compensation: Intoxication and Course-of-Employment under WCL §10(1) & §21(4)

Date: Mar 28, 2025

Clarifying the “Sole Cause” Standard in Workers’ Compensation: Intoxication and Course-of-Employment under WCL §10(1) & §21(4) 1. Introduction Matter of Ferra v. Paramount Global (2025 NYSlipOp...

Limits on Rebuttal Character Evidence and Public Trial Access in State v. Cardenas

Date: Mar 28, 2025

Limits on Rebuttal Character Evidence and Public Trial Access in State v. Cardenas Introduction State v. Cardenas is a 2025 decision of the Supreme Court of New Mexico that clarifies two important...

Strict Compliance with Statutory Notice Requirements for Tax Sale Redemptions

Date: Mar 28, 2025

Strict Compliance with Statutory Notice Requirements for Tax Sale Redemptions Introduction The Supreme Court of Mississippi’s decision in Foreman v. DHP1, LLC (2025) reinforces the principle that...

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