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state Case Commentaries

ABA Sanctions Standards Are Guideposts, Not Gatekeepers: Colorado Supreme Court Confirms Broad Scope of Colo. RPC 4.4(a) and Permits Use of ABA Standard 7.2 Beyond Enumerated Categories

ABA Sanctions Standards Are Guideposts, Not Gatekeepers: Colorado Supreme Court Confirms Broad Scope of Colo. RPC 4.4(a) and Permits Use of ABA Standard 7.2 Beyond Enumerated Categories

Date: Mar 25, 2025
ABA Sanctions Standards Are Guideposts, Not Gatekeepers: Colorado Supreme Court Confirms Broad Scope of Colo. RPC 4.4(a) and Permits Use of ABA Standard 7.2 Beyond Enumerated Categories Introduction...
Consent Dismissals and Judicial Power to Vacate Interlocutory Orders

Consent Dismissals and Judicial Power to Vacate Interlocutory Orders

Date: Mar 25, 2025
Consent Dismissals and Judicial Power to Vacate Interlocutory Orders Introduction The Supreme Court of Rhode Island’s decision in Judith Clinton v. Chad Babcock et al. marks an important...
Absence of Private Right of Action for Unlicensed Loan Servicing Fees Under R.I. Gen. Laws § 19-14-26.1

Absence of Private Right of Action for Unlicensed Loan Servicing Fees Under R.I. Gen. Laws § 19-14-26.1

Date: Mar 25, 2025
Absence of Private Right of Action for Unlicensed Loan Servicing Fees Under R.I. Gen. Laws § 19-14-26.1 Introduction This commentary examines the Rhode Island Supreme Court’s March 24, 2025 decision...
Reaffirming West Virginia’s 50-50 Custody Presumption: Appellate Deference and Mental-Health Evidence in Non-Offending Parent Cases (In re D.S.)

Reaffirming West Virginia’s 50-50 Custody Presumption: Appellate Deference and Mental-Health Evidence in Non-Offending Parent Cases (In re D.S.)

Date: Mar 25, 2025
Reaffirming West Virginia’s 50-50 Custody Presumption: Appellate Deference and Mental-Health Evidence in Non-Offending Parent Cases Commentary on In re D.S., Supreme Court of Appeals of West Virginia...
McMahon v. McMahon: Delaware Supreme Court Reinforces Specificity in Defamation Pleadings—“Filing a False Police Report” Is Not, By Itself, a Statutory Crime

McMahon v. McMahon: Delaware Supreme Court Reinforces Specificity in Defamation Pleadings—“Filing a False Police Report” Is Not, By Itself, a Statutory Crime

Date: Mar 25, 2025
McMahon v. McMahon: Delaware Supreme Court Reinforces Specificity in Defamation Pleadings—“Filing a False Police Report” Is Not, By Itself, a Statutory Crime Introduction In McMahon v. McMahon, No....
Discretion in Permanency Plan Determinations: Balancing Sibling Relationships and Parental Rehabilitation

Discretion in Permanency Plan Determinations: Balancing Sibling Relationships and Parental Rehabilitation

Date: Mar 24, 2025
Discretion in Permanency Plan Determinations: Balancing Sibling Relationships and Parental Rehabilitation Introduction This commentary examines the Supreme Court of Wyoming’s decision in In the...
Commissions as Wages: Redefining Payment Structures under the Wage Payment Law

Commissions as Wages: Redefining Payment Structures under the Wage Payment Law

Date: Mar 24, 2025
Commissions as Wages: Redefining Payment Structures under the Wage Payment Law Introduction The case of Rosalyn Musker, Plaintiff-Appellant, v. Suuchi, Inc., Suuchi Ramesh, and Mark Herman,...
New Precedent: Exclusive Remedy for Insurer Recovery via Statutory Lien Process under HRS §§ 663-10 and 431:13-103

New Precedent: Exclusive Remedy for Insurer Recovery via Statutory Lien Process under HRS §§ 663-10 and 431:13-103

Date: Mar 24, 2025
New Precedent: Exclusive Remedy for Insurer Recovery via Statutory Lien Process under HRS §§ 663-10 and 431:13-103 Introduction The Supreme Court of Hawaiʻi’s recent judgment in the matter of the...
State v. Sims: Clarifying the Miller-Fix Protocol for Juvenile Life-Without-Parole Sentencing

State v. Sims: Clarifying the Miller-Fix Protocol for Juvenile Life-Without-Parole Sentencing

Date: Mar 22, 2025
State v. Sims: Clarifying the Miller-Fix Protocol for Juvenile Life-Without-Parole Sentencing Introduction This commentary examines the Supreme Court of North Carolina’s March 21, 2025 decision in...
PREP Act Immunity Does Not Bar State Constitutional Claims: Happel v. Guilford County Bd. of Educ.

PREP Act Immunity Does Not Bar State Constitutional Claims: Happel v. Guilford County Bd. of Educ.

Date: Mar 22, 2025
PREP Act Immunity Does Not Bar State Constitutional Claims Introduction The North Carolina Supreme Court’s decision in Happel v. Guilford County Board of Education (2025) arises from a disturbing...
Assessing Standard of Care in Polypharmacy: Triable Issues in Sweeney v. Niagara Lutheran Development

Assessing Standard of Care in Polypharmacy: Triable Issues in Sweeney v. Niagara Lutheran Development

Date: Mar 22, 2025
Assessing Standard of Care in Polypharmacy: Triable Issues in Sweeney v. Niagara Lutheran Development Introduction This commentary reviews the Appellate Division’s March 21, 2025 decision in Sweeney...
Flat Fees, Trustees, and the Clear-and-Convincing Burden: West Virginia Clarifies Proof and Fee-Handling in Attorney Discipline

Flat Fees, Trustees, and the Clear-and-Convincing Burden: West Virginia Clarifies Proof and Fee-Handling in Attorney Discipline

Date: Mar 22, 2025
Flat Fees, Trustees, and the Clear-and-Convincing Burden: West Virginia Clarifies Proof and Fee-Handling in Attorney Discipline Introduction In Lawyer Disciplinary Board v. Paul J. Harris (Supreme...
Post-Remand Ambiguity as Good Cause: Iowa Supreme Court Requires Leniency on § 668.11 Expert Deadlines When Appeals Create Uncertainty

Post-Remand Ambiguity as Good Cause: Iowa Supreme Court Requires Leniency on § 668.11 Expert Deadlines When Appeals Create Uncertainty

Date: Mar 22, 2025
Post-Remand Ambiguity as Good Cause: Iowa Supreme Court Requires Leniency on § 668.11 Expert Deadlines When Appeals Create Uncertainty Introduction In Jahn Patric Kirlin and Sara Louise Kirlin v. Dr....
Issue-Specific Directed Verdict Required to Preserve JNOV: North Carolina Supreme Court Clarifies Rule 50(b) in Multi-Claim Cases

Issue-Specific Directed Verdict Required to Preserve JNOV: North Carolina Supreme Court Clarifies Rule 50(b) in Multi-Claim Cases

Date: Mar 22, 2025
Issue-Specific Directed Verdict Required to Preserve JNOV: North Carolina Supreme Court Clarifies Rule 50(b) in Multi-Claim Cases Introduction In Vanguard Pai Lung, LLC v. Moody, No. 15A24 (N.C. Mar....
No Presumption Without Proof: Nebraska High Court Requires Initial Showing of Seizure Before Return‑of‑Property Presumption Attaches; § 29-820 Inapplicable Once § 29-818 Jurisdiction Invoked

No Presumption Without Proof: Nebraska High Court Requires Initial Showing of Seizure Before Return‑of‑Property Presumption Attaches; § 29-820 Inapplicable Once § 29-818 Jurisdiction Invoked

Date: Mar 22, 2025
No Presumption Without Proof: Nebraska High Court Requires Initial Showing of Seizure Before Return‑of‑Property Presumption Attaches; § 29-820 Inapplicable Once § 29-818 Jurisdiction Invoked...
Nonrestrictive “which” in Prenups: Nebraska Supreme Court mandates 50/50 division of the entire marital estate when the agreement states that “marital property, which shall be divided equally”

Nonrestrictive “which” in Prenups: Nebraska Supreme Court mandates 50/50 division of the entire marital estate when the agreement states that “marital property, which shall be divided equally”

Date: Mar 22, 2025
Nonrestrictive “which” in Premarital Agreements Requires Equal Division of the Entire Marital Estate Commentary on Seemann v. Seemann, 318 Neb. 643 (Neb. Mar. 21, 2025) Introduction In Seemann v....
Reconstruction Hearing as Adequate Record for Appellate Review: People v. Meyers

Reconstruction Hearing as Adequate Record for Appellate Review: People v. Meyers

Date: Mar 22, 2025
Reconstruction Hearing as Adequate Record for Appellate Review: People v. Meyers Introduction People v. Meyers (2025 NYSlipOp 01762) is a decision of the Appellate Division, Fourth Department. Joseph...
Enforceability of Premarital Agreement Clauses Requiring Equal Division of the Entire Marital Estate

Enforceability of Premarital Agreement Clauses Requiring Equal Division of the Entire Marital Estate

Date: Mar 22, 2025
Enforceability of Premarital Agreement Clauses Requiring Equal Division of the Entire Marital Estate Introduction Seemann v. Seemann, 318 Neb. 643 (2025), is a landmark Nebraska Supreme Court...
Clarifying Innkeeper Liability: Duty and Scope in Third-Party Criminal Acts

Clarifying Innkeeper Liability: Duty and Scope in Third-Party Criminal Acts

Date: Mar 22, 2025
Clarifying Innkeeper Liability: Duty and Scope in Third-Party Criminal Acts Introduction In William Campbell v. Orient-Express Hotels Louisiana, Inc. et al., 2024-C-00840 (La. Mar. 21, 2025), the...
Invited Error Bars Appellate Relief for Unruled Motions to Set Aside Stipulations in Equitable Distribution

Invited Error Bars Appellate Relief for Unruled Motions to Set Aside Stipulations in Equitable Distribution

Date: Mar 22, 2025
Invited Error Bars Appellate Relief for Unruled Motions to Set Aside Stipulations in Equitable Distribution Case: Smith v. Smith Court: Supreme Court of North Carolina Date: 21 March 2025 Opinion by:...
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