state Case Commentaries

Establishing Evidentiary Standards and Security‐Record Exemptions Under the Ohio Public Records Act in Correctional Institutions

Date: Mar 28, 2025

Establishing Evidentiary Standards and Security‐Record Exemptions Under the Ohio Public Records Act in Correctional Institutions Introduction State ex rel. Adkins v. Cole, Slip Opinion No....

Surveillance-Supported Misrepresentation and Lifetime Disqualification Under WCL § 114-a

Date: Mar 28, 2025

Surveillance-Supported Misrepresentation and Lifetime Disqualification Under WCL § 114-a Introduction Matter of Tirado v. Symphony Space, Inc. (2025 NYSlipOp 01842) addresses the application of...

Termination of Family Court Article 10 Jurisdiction Upon Dismissal of Original Neglect Petition: Matter of R.C.

Date: Mar 28, 2025

Termination of Family Court Article 10 Jurisdiction Upon Dismissal of Original Neglect Petition: Matter of R.C. Introduction Matter of R.C. (D.C.–R.R.), 2025 NY Slip Op 01859 (App. Div. 1st Dept....

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:...

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...

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state Case Commentaries

Establishing Evidentiary Standards and Security‐Record Exemptions Under the Ohio Public Records Act in Correctional Institutions

Surveillance-Supported Misrepresentation and Lifetime Disqualification Under WCL § 114-a

Termination of Family Court Article 10 Jurisdiction Upon Dismissal of Original Neglect Petition: Matter of R.C.

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

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

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

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

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

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)

Reinforcing Causation and Expert Proof in Legal Malpractice: Scott v. Schwartz (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 Unwed “Biology‑Plus” Father Received No Notice

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

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

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

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

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

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

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

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

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