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  • Commentaries
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state Case Commentaries

Strict Compliance with Statutory Notice Requirements for Tax Sale Redemptions

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...
Motive-Intent Exception to Rule 404(b): Hunter v. State Precedent

Motive-Intent Exception to Rule 404(b): Hunter v. State Precedent

Date: Mar 28, 2025
Motive-Intent Exception to Rule 404(b): Hunter v. State Precedent Introduction Hunter v. State of Mississippi, No. 2023-KA-01246-SCT (Miss. Mar. 27, 2025), is a landmark decision of the Supreme Court...
Willful Omission and Derivative Neglect Under FCA Article 10: Matter of Malik M. (Taishona M.)

Willful Omission and Derivative Neglect Under FCA Article 10: Matter of Malik M. (Taishona M.)

Date: Mar 27, 2025
Willful Omission and Derivative Neglect Under Family Court Act Article 10: Matter of Malik M. (Taishona M.) Introduction Matter of Malik M. (Taishona M.) (2025 NYSlipOp 01810) is a landmark Second...
Reaffirming Clear and Convincing Evidence Standards in Parental Rights Termination

Reaffirming Clear and Convincing Evidence Standards in Parental Rights Termination

Date: Mar 27, 2025
Reaffirming Clear and Convincing Evidence Standards in Parental Rights Termination Introduction This commentary examines the dissenting opinion in In the Interest of E.D.A. III, et al., 23-27 MAP...
Reaffirming the Clear and Convincing Evidence Standard in Termination of Parental Rights

Reaffirming the Clear and Convincing Evidence Standard in Termination of Parental Rights

Date: Mar 27, 2025
Reaffirming the Clear and Convincing Evidence Standard in Termination of Parental Rights 1. Introduction In In the Interest of A.B.A., a Minor; Appeal of T.W.A. et al. (Nos. 15–24 MAP 2024), the...
Ensuring Clear and Convincing Evidence: Specificity and Corroboration in Parental-Rights Termination

Ensuring Clear and Convincing Evidence: Specificity and Corroboration in Parental-Rights Termination

Date: Mar 27, 2025
Ensuring Clear and Convincing Evidence: Specificity and Corroboration in Parental‐Rights Termination Introduction In the consolidated appeals In the Interest of E.D.A., et al. (Nos. 15–24 MAP 2024),...
Clarification of Causation Standard in Inverse Condemnation and Non-Immunity under the Stormwater Management and Sediment Reduction Act

Clarification of Causation Standard in Inverse Condemnation and Non-Immunity under the Stormwater Management and Sediment Reduction Act

Date: Mar 27, 2025
Clarification of Causation Standard in Inverse Condemnation and Non-Immunity under the Stormwater Management and Sediment Reduction Act Introduction James and Lori Marlowe, homeowners on Highway 378...
Legislative Primacy in Public-Policy Exceptions to Tennessee’s At-Will Employment Doctrine

Legislative Primacy in Public-Policy Exceptions to Tennessee’s At-Will Employment Doctrine

Date: Mar 27, 2025
Legislative Primacy in Public-Policy Exceptions to Tennessee’s At-Will Employment Doctrine Introduction In Heather Smith v. BlueCross BlueShield of Tennessee, the Supreme Court of Tennessee addressed...
State v. Holy: Limits on Unrelated Contraband Interrogations During Traffic Stops

State v. Holy: Limits on Unrelated Contraband Interrogations During Traffic Stops

Date: Mar 27, 2025
State v. Holy: Limits on Unrelated Contraband Interrogations During Traffic Stops Introduction In State v. Holy (2025 S.D. 19), the Supreme Court of South Dakota addressed whether a routine traffic...
Firefighter Cancer Presumption Is Substantive and Not Retroactive: Respondents’ Rights Vest at Claim Filing (Vande Krol v. ICA/Superstition/Benchmark)

Firefighter Cancer Presumption Is Substantive and Not Retroactive: Respondents’ Rights Vest at Claim Filing (Vande Krol v. ICA/Superstition/Benchmark)

Date: Mar 27, 2025
Firefighter Cancer Presumption Is Substantive and Not Retroactive: Respondents’ Rights Vest at Claim Filing Case: Vande Krol v. Industrial Commission of Arizona; Superstition Fire & Medical;...
Clarifying Summary Affirmance and Pro Se Procedural Standards under W.R.A.P. 1.03: Munoz v. State of Wyoming

Clarifying Summary Affirmance and Pro Se Procedural Standards under W.R.A.P. 1.03: Munoz v. State of Wyoming

Date: Mar 27, 2025
Clarifying Summary Affirmance and Pro Se Procedural Standards under W.R.A.P. 1.03: Munoz v. State of Wyoming Introduction In Rodolfo P. Munoz v. State of Wyoming; Department of Family Services; Basin...
Due Process and Parental Presence: Balancing Rights in Termination Proceedings

Due Process and Parental Presence: Balancing Rights in Termination Proceedings

Date: Mar 27, 2025
Due Process and Parental Presence: Balancing Rights in Termination Proceedings Introduction Matter of Justina C. M. J. (2025 NYSlipOp 01805) arises from consolidated Family Court proceedings in...
Enforcement of Pa.R.C.L.E. 111(b): Administrative Suspension for CLE Non-Compliance

Enforcement of Pa.R.C.L.E. 111(b): Administrative Suspension for CLE Non-Compliance

Date: Mar 27, 2025
Enforcement of Pa.R.C.L.E. 111(b): Administrative Suspension for CLE Non-Compliance Introduction On March 26, 2025, the Supreme Court of Pennsylvania issued an administrative order in In Re:...
Improper Burden‑Shifting at Disposition Requires Remand: Justice Armstead’s Dissent in In re K.V.

Improper Burden‑Shifting at Disposition Requires Remand: Justice Armstead’s Dissent in In re K.V.

Date: Mar 27, 2025
Improper Burden‑Shifting at Disposition Requires Remand: Justice Armstead’s Dissent in In re K.V. Introduction This commentary examines Justice Armstead’s dissenting opinion in In re K.V., No. 23-339...
Framework for Evaluating Trial Continuance and Direct‐Appeal Ineffective Assistance Claims

Framework for Evaluating Trial Continuance and Direct‐Appeal Ineffective Assistance Claims

Date: Mar 27, 2025
Framework for Evaluating Trial Continuance and Direct‐Appeal Ineffective Assistance Claims Introduction In State of New Hampshire v. Joshua Kandoll (No. 2023-0487, March 26, 2025), the New Hampshire...
Actual Payment, Not Mere Tender, Required to Cure Rent Arrears under RSA 540:9

Actual Payment, Not Mere Tender, Required to Cure Rent Arrears under RSA 540:9

Date: Mar 27, 2025
Actual Payment, Not Mere Tender, Required to Cure Rent Arrears under RSA 540:9 Introduction In Barrington Oaks Cooperative, Inc. v. Frank Blackington (Supreme Court of New Hampshire, Mar. 26, 2025),...
Strict Enforcement of CPL 160.50: Limits on Unsealing Sealed Criminal Records for Disciplinary Investigations (People v. Isaacs)

Strict Enforcement of CPL 160.50: Limits on Unsealing Sealed Criminal Records for Disciplinary Investigations (People v. Isaacs)

Date: Mar 27, 2025
Strict Enforcement of CPL 160.50: Limits on Unsealing Sealed Criminal Records for Disciplinary Investigations (People v. Isaacs) Introduction This commentary examines the Appellate Division, Second...
People v. Bostic: Timing of Firearm Loading in Criminal Possession Charges

People v. Bostic: Timing of Firearm Loading in Criminal Possession Charges

Date: Mar 27, 2025
People v. Bostic (2025 NYSlipOp 01816): Timing of Firearm Loading in Criminal Possession Charges Introduction In People v. Bostic, the Appellate Division, Second Department, addressed multiple issues...
Renewal of Statute of Limitations through Partial Payments and Enforceability of Internal ADR Provisions in Trust Agreements

Renewal of Statute of Limitations through Partial Payments and Enforceability of Internal ADR Provisions in Trust Agreements

Date: Mar 27, 2025
Renewal of Statute of Limitations through Partial Payments and Enforceability of Internal ADR Provisions in Trust Agreements Introduction Matter of Borgia v. SCO Family of Services, 2025 NYSlipOp...
Ensuring Clear‐and‐Convincing Evidence in Termination of Parental Rights

Ensuring Clear‐and‐Convincing Evidence in Termination of Parental Rights

Date: Mar 27, 2025
Ensuring Clear‐and‐Convincing Evidence in Termination of Parental Rights 1. Introduction In In the Interest of B.W., a Minor; Appeal of E.A., Jr. et al., Nos. 15–24 MAP 2024, the Supreme Court of...
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