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  • Commentaries
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state Case Commentaries

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...
Underinsured Motorist Coverage Follows the Insured: Public Policy Bars “Owned But Not Insured” Exclusions

Underinsured Motorist Coverage Follows the Insured: Public Policy Bars “Owned But Not Insured” Exclusions

Date: Mar 27, 2025
Underinsured Motorist Coverage Follows the Insured: Public Policy Bars “Owned But Not Insured” Exclusions Introduction The Supreme Court of South Dakota’s decision in Earll v. Farmers Mutual...
Board-of-Review Protest Is Jurisdictional for Tax Tribunal Appeals: Michigan Supreme Court Partially Overrules Parkview and Clarifies Due Process in EMPP Denials

Board-of-Review Protest Is Jurisdictional for Tax Tribunal Appeals: Michigan Supreme Court Partially Overrules Parkview and Clarifies Due Process in EMPP Denials

Date: Mar 27, 2025
Board-of-Review Protest Is Jurisdictional for Tax Tribunal Appeals: Michigan Supreme Court Partially Overrules Parkview and Clarifies Due Process in EMPP Denials Introduction In Sixarp LLC v....
Parole-Arrest Reports Are “Criminal Investigation” Records: Ohio Supreme Court Requires Sentencing-Court Leave Under R.C. 149.43(B)(8) and Reaffirms Relator’s Burden to Prove Record Existence

Parole-Arrest Reports Are “Criminal Investigation” Records: Ohio Supreme Court Requires Sentencing-Court Leave Under R.C. 149.43(B)(8) and Reaffirms Relator’s Burden to Prove Record Existence

Date: Mar 27, 2025
Parole-Arrest Reports Are “Criminal Investigation” Records: Ohio Supreme Court Requires Sentencing-Court Leave Under R.C. 149.43(B)(8) and Reaffirms Relator’s Burden to Prove Record Existence...
Matter of Perlman v. Kolodny: Clarifying Income Imputation and Tuition Contribution under Family Court Act

Matter of Perlman v. Kolodny: Clarifying Income Imputation and Tuition Contribution under Family Court Act

Date: Mar 27, 2025
Matter of Perlman v. Kolodny: Clarifying Income Imputation and Tuition Contribution under Family Court Act Introduction In Matter of Perlman v. Kolodny (2025 NYSlipOp 01811), the Appellate Division,...
State v. Lewis: Timing of Essential-Need Determinations in Competency Proceedings

State v. Lewis: Timing of Essential-Need Determinations in Competency Proceedings

Date: Mar 27, 2025
State v. Lewis: Timing of Essential-Need Determinations in Competency Proceedings Introduction In State of New Hampshire v. Kenneth J. Lewis, Jr., No. 2023-0213 (N.H. Mar. 26, 2025), the New...
Clarifying the Clear and Convincing Evidence Standard in Parental-Rights Termination

Clarifying the Clear and Convincing Evidence Standard in Parental-Rights Termination

Date: Mar 27, 2025
Clarifying the Clear and Convincing Evidence Standard in Parental-Rights Termination Introduction In In the Interest of E.J.A., a Minor; Appeal of T.M.A. (Nos. 15–24 MAP 2024), the Supreme Court of...
Preserving Parental Rights: The Imperative of Clear and Convincing Evidence in Termination Proceedings

Preserving Parental Rights: The Imperative of Clear and Convincing Evidence in Termination Proceedings

Date: Mar 27, 2025
Preserving Parental Rights: The Imperative of Clear and Convincing Evidence in Termination Proceedings Introduction The consolidated appeals in In the Interest of E.D.A., III; B.W.; A.B.A.; R.M.A.;...
Reaffirming Evidentiary Standards and No-Contact Orders in Divorce: Juma v. Peterson

Reaffirming Evidentiary Standards and No-Contact Orders in Divorce: Juma v. Peterson

Date: Mar 27, 2025
Reaffirming Evidentiary Standards and No-Contact Orders in Divorce: Juma v. Peterson Introduction In Erick Juma v. Reketta Peterson (Alaska Sup. Ct. No. S-18942, March 26, 2025), the Alaska Supreme...
Stop-the-Clock Agreements as Binding Separation Instruments and Equitable Distribution Principles – Torkin v. Susac

Stop-the-Clock Agreements as Binding Separation Instruments and Equitable Distribution Principles – Torkin v. Susac

Date: Mar 27, 2025
Stop-the-Clock Agreements as Binding Separation Instruments and Equitable Distribution Principles – Torkin v. Susac Introduction Torkin v. Susac (2025 NYSlipOp 01835) arises from a contested divorce...
Strict Adherence to Lease Cure Provisions and Limited Scope of Counterclaim Waivers in Commercial Ejectment Proceedings

Strict Adherence to Lease Cure Provisions and Limited Scope of Counterclaim Waivers in Commercial Ejectment Proceedings

Date: Mar 27, 2025
Strict Adherence to Lease Cure Provisions and Limited Scope of Counterclaim Waivers in Commercial Ejectment Proceedings 1. Introduction Stamp Rite Tool & Die Corp. v. Branded Leather, Inc. (2025...
Reciprocal Discipline Under 22 NYCRR 1240.13: Two-Year Suspension for Attorney Misconduct and Notification Failure

Reciprocal Discipline Under 22 NYCRR 1240.13: Two-Year Suspension for Attorney Misconduct and Notification Failure

Date: Mar 27, 2025
Reciprocal Discipline Under 22 NYCRR 1240.13: Two-Year Suspension for Attorney Misconduct and Notification Failure Introduction The Appellate Division, Second Department, in Matter of Cobb (2025...
Reinforcing the Clear and Convincing Evidence Standard in Parental Rights Termination

Reinforcing the Clear and Convincing Evidence Standard in Parental Rights Termination

Date: Mar 27, 2025
Reinforcing the Clear and Convincing Evidence Standard in Parental Rights Termination Introduction In the consolidated appeals In the Interest of E.J.A., et al. (Nos. 15–24 MAP 2024), the Supreme...
Clarifying the Scope of Tennessee’s Right to Petition: Government Entities Only, Not Private Employers

Clarifying the Scope of Tennessee’s Right to Petition: Government Entities Only, Not Private Employers

Date: Mar 27, 2025
Clarifying the Scope of Tennessee’s Right to Petition: Government Entities Only, Not Private Employers Introduction In Heather Smith v. BlueCross BlueShield of Tennessee, decided March 26, 2025, the...
Restricting Guardianship and Conservatorship to Qualified Nonprofit Entities: Clarification of SDCL 29A-5-110

Restricting Guardianship and Conservatorship to Qualified Nonprofit Entities: Clarification of SDCL 29A-5-110

Date: Mar 27, 2025
Restricting Guardianship and Conservatorship to Qualified Nonprofit Entities: Clarification of SDCL 29A-5-110 Introduction This case arises from competing petitions for guardianship and...
Distinct Community-of-Interest Requirement for Public Safety Bargaining Units: Appeal of Town of Barnstead (2025 N.H. 14)

Distinct Community-of-Interest Requirement for Public Safety Bargaining Units: Appeal of Town of Barnstead (2025 N.H. 14)

Date: Mar 27, 2025
Distinct Community-of-Interest Requirement for Public Safety Bargaining Units: Appeal of Town of Barnstead (2025 N.H. 14) Introduction The Supreme Court of New Hampshire’s decision in Appeal of Town...
Aggravated Circumstances Do Not Shift the Burden: DHS Must Prove Termination by Clear and Convincing Evidence — Commentary on In re K.V. (W. Va. Mar. 26, 2025)

Aggravated Circumstances Do Not Shift the Burden: DHS Must Prove Termination by Clear and Convincing Evidence — Commentary on In re K.V. (W. Va. Mar. 26, 2025)

Date: Mar 27, 2025
Aggravated Circumstances Do Not Shift the Burden: DHS Must Prove Termination by Clear and Convincing Evidence — Commentary on In re K.V. Introduction In In re K.V., the Supreme Court of Appeals of...
In re L.P.: Enforcing the Mandatory Case Plan Requirement in Parental Rights Termination

In re L.P.: Enforcing the Mandatory Case Plan Requirement in Parental Rights Termination

Date: Mar 26, 2025
In re L.P.: Enforcing the Mandatory Case Plan Requirement in Parental Rights Termination Introduction In the Supreme Court of Appeals of West Virginia decision In re L.P. (No. 24-74, March 25, 2025),...
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