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  • Commentaries
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state Case Commentaries

Express Student-Fee and Parking-Permit Contracts Waive Sovereign Immunity at the Pleading Stage: Lannan v. Board of Governors of the University of North Carolina

Express Student-Fee and Parking-Permit Contracts Waive Sovereign Immunity at the Pleading Stage: Lannan v. Board of Governors of the University of North Carolina

Date: Mar 22, 2025
Express Student-Fee and Parking-Permit Contracts Waive Sovereign Immunity at the Pleading Stage: Lannan v. Board of Governors of the University of North Carolina Introduction In Lannan v. Board of...
Miller-Fix and the Eighth Amendment: Restricting Juvenile Life-Without-Parole to the Rarest Offender

Miller-Fix and the Eighth Amendment: Restricting Juvenile Life-Without-Parole to the Rarest Offender

Date: Mar 22, 2025
Miller-Fix and the Eighth Amendment: Restricting Juvenile Life-Without-Parole to the Rarest Offender Introduction State of North Carolina v. Tristan Noah Borlase (No. 33A24, filed March 21, 2025)...
Upholding Gross Negligence Standard for Health-Care Liability in Public Health Emergencies

Upholding Gross Negligence Standard for Health-Care Liability in Public Health Emergencies

Date: Mar 22, 2025
Upholding Gross Negligence Standard for Health-Care Liability in Public Health Emergencies Introduction Kathleen Welch and Carroll Dewayne Welch brought suit against United Medical HealthWest-New...
Affirmation of Contractual Damages and Limits on Quasi-Contractual Restitution in Maxine Thomas v. Housing Louisiana Now

Affirmation of Contractual Damages and Limits on Quasi-Contractual Restitution in Maxine Thomas v. Housing Louisiana Now

Date: Mar 22, 2025
Affirmation of Contractual Damages and Limits on Quasi-Contractual Restitution in Maxine Thomas v. Housing Louisiana Now Introduction This commentary examines the Louisiana Supreme Court’s per curiam...
Guarantor Liability in Commercial Leases and Ore Tenus Presumption for Unrecorded Damages Hearings

Guarantor Liability in Commercial Leases and Ore Tenus Presumption for Unrecorded Damages Hearings

Date: Mar 22, 2025
Guarantor Liability in Commercial Leases and Ore Tenus Presumption for Unrecorded Damages Hearings Introduction Island Girl Outfitters, LLC (“IGO”) leased retail space at Eastern Shore Centre from...
Out-of-State Insurer’s Nationwide Uninsured-Motorist Coverage Does Not Confer Alabama Jurisdiction

Out-of-State Insurer’s Nationwide Uninsured-Motorist Coverage Does Not Confer Alabama Jurisdiction

Date: Mar 22, 2025
Out-of-State Insurer’s Nationwide Uninsured-Motorist Coverage Does Not Confer Alabama Jurisdiction Introduction The Supreme Court of Alabama’s decision in Ex parte Kentucky Farm Bureau Mutual...
Express‐Exclusion and Severability in Arbitration Agreements: Carter v. Morrow

Express‐Exclusion and Severability in Arbitration Agreements: Carter v. Morrow

Date: Mar 22, 2025
Express‐Exclusion and Severability in Arbitration Agreements: Carter v. Morrow Introduction Carter v. Morrow, decided March 21, 2025 by the Supreme Court of Alabama, arises from a failed real‐estate...
Post-Probate Will Contest Jurisdiction and Cost Awards: Boykin v. Land

Post-Probate Will Contest Jurisdiction and Cost Awards: Boykin v. Land

Date: Mar 22, 2025
Post-Probate Will Contest Jurisdiction and Cost Awards: Boykin v. Land Introduction Boykin v. Land (Supreme Court of Alabama, March 21, 2025) tackles two interrelated questions in estate litigation:...
Permissibility of Concurrent Kinship Guardianship Petitions and Return-to-Parent Permanency Goals under Family Court Act § 661(c)

Permissibility of Concurrent Kinship Guardianship Petitions and Return-to-Parent Permanency Goals under Family Court Act § 661(c)

Date: Mar 22, 2025
Permissibility of Concurrent Kinship Guardianship Petitions and Return-to-Parent Permanency Goals under Family Court Act § 661(c) Introduction In Matter of Nedia M. v. Ashley M. (2025 NYSlipOp...
Continuous Representation Rule Defines Accrual Date for Legal Malpractice Claims

Continuous Representation Rule Defines Accrual Date for Legal Malpractice Claims

Date: Mar 22, 2025
Continuous Representation Rule Defines Accrual Date for Legal Malpractice Claims Introduction In Holly Sheldon-Lee v. Birch Horton Bittner, Inc., the Alaska Supreme Court addressed two interrelated...
The “Life-Equivalent Range” Rule: North Carolina Supreme Court Clarifies § 15A-1242 Compliance for Waiver-of-Counsel Colloquies

The “Life-Equivalent Range” Rule: North Carolina Supreme Court Clarifies § 15A-1242 Compliance for Waiver-of-Counsel Colloquies

Date: Mar 22, 2025
The “Life-Equivalent Range” Rule: North Carolina Supreme Court Clarifies § 15A-1242 Compliance for Waiver-of-Counsel Colloquies Introduction In State v. Fenner, the Supreme Court of North Carolina...
State v. Bell (N.C. 2025): Preservation and Section 15A-1419’s Procedural Bar Foreclose Post‑Conviction J.E.B. Gender‑Bias Claims Based on Later Prosecutor Affidavits

State v. Bell (N.C. 2025): Preservation and Section 15A-1419’s Procedural Bar Foreclose Post‑Conviction J.E.B. Gender‑Bias Claims Based on Later Prosecutor Affidavits

Date: Mar 22, 2025
State v. Bell (N.C. 2025): Preservation and Section 15A-1419’s Procedural Bar Foreclose Post‑Conviction J.E.B. Gender‑Bias Claims Based on Later Prosecutor Affidavits Introduction In State v. Bell,...
Requirement of Transactional Nexus for Relation Back Under Rule 15(c): Ex parte Air Evac EMS, Inc.

Requirement of Transactional Nexus for Relation Back Under Rule 15(c): Ex parte Air Evac EMS, Inc.

Date: Mar 22, 2025
Requirement of Transactional Nexus for Relation Back Under Rule 15(c): Ex parte Air Evac EMS, Inc. Introduction In Ex parte Air Evac EMS, Inc., 2025 WL ______ (Ala. Mar. 21, 2025), the Supreme Court...
State v. Diano: Inclusion of Misdemeanor Incarceration in Habitual-Offender Cleansing Period

State v. Diano: Inclusion of Misdemeanor Incarceration in Habitual-Offender Cleansing Period

Date: Mar 22, 2025
State v. Diano: Inclusion of Misdemeanor Incarceration in Habitual-Offender Cleansing Period Introduction In State of Louisiana v. Christopher Raymond Diano (No. 2024-KK-00888), the Louisiana Supreme...
Exclusive Supreme Court Jurisdiction Over Interlocutory Appeals from New‑Trial Orders; Contract Bar to Unjust Enrichment: Commentary on Danny Webb Construction Co., Inc. v. North Hills Group, Inc. (W. Va. Mar. 21, 2025)

Exclusive Supreme Court Jurisdiction Over Interlocutory Appeals from New‑Trial Orders; Contract Bar to Unjust Enrichment: Commentary on Danny Webb Construction Co., Inc. v. North Hills Group, Inc. (W. Va. Mar. 21, 2025)

Date: Mar 22, 2025
Exclusive Supreme Court Jurisdiction Over Interlocutory Appeals from New‑Trial Orders; Contract Bar to Unjust Enrichment Case: Danny Webb Construction Company, Inc. and Danny Webb v. North Hills...
Iowa Supreme Court Clarifies: “Any One Loss” in Business Income Coverage Is a Single, Aggregate Limit Across All Covered Locations When the Policy Selects an All-Locations Schedule

Iowa Supreme Court Clarifies: “Any One Loss” in Business Income Coverage Is a Single, Aggregate Limit Across All Covered Locations When the Policy Selects an All-Locations Schedule

Date: Mar 22, 2025
Iowa Supreme Court Clarifies: “Any One Loss” in Business Income Coverage Is a Single, Aggregate Limit Across All Covered Locations When the Policy Selects an All-Locations Schedule Introduction In...
Clarifying the Burden and Court’s Role in Return-of-Seized-Property Motions under Nebraska Law

Clarifying the Burden and Court’s Role in Return-of-Seized-Property Motions under Nebraska Law

Date: Mar 22, 2025
Clarifying the Burden and Court’s Role in Return-of-Seized-Property Motions under Nebraska Law Introduction The Nebraska Supreme Court’s decision in State v. Allen (318 Neb. 627, 2025) addresses...
Local Voter Approval Required for Historical Horse Racing: Louisiana Supreme Court Decision Clarifying Article XII §6(C)

Local Voter Approval Required for Historical Horse Racing: Louisiana Supreme Court Decision Clarifying Article XII §6(C)

Date: Mar 22, 2025
Local Voter Approval Required for Historical Horse Racing Under Article XII, § 6(C) Introduction In Donovan Fremin et al. v. Boyd Racing, LLC et al. (2025-March-21), the Louisiana Supreme Court...
Enforceability of Proportional Indemnity Clauses: JohnsonKreis Construction v. Howard Painting

Enforceability of Proportional Indemnity Clauses: JohnsonKreis Construction v. Howard Painting

Date: Mar 22, 2025
Enforceability of Contractual Proportional Indemnity Clauses Against the Backdrop of Wrongful-Death Remedies Introduction This commentary examines JohnsonKreis Construction Company, Inc. v. Howard...
Shelton Comes to West Virginia: Opposing Counsel Depositions Allowed Only in Limited, Exceptional Circumstances

Shelton Comes to West Virginia: Opposing Counsel Depositions Allowed Only in Limited, Exceptional Circumstances

Date: Mar 22, 2025
Shelton Comes to West Virginia: Opposing Counsel Depositions Allowed Only in Limited, Exceptional Circumstances Introduction In SER Mary C. Sutphin v. The Honorable Darl W. Poling, et al., the...
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