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  • Commentaries
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state Case Commentaries

Affirming Trial-Court Discretion to Exclude Sell-Hearing Purpose from Cross-Examination without Violating the Confrontation Clause

Affirming Trial-Court Discretion to Exclude Sell-Hearing Purpose from Cross-Examination without Violating the Confrontation Clause

Date: Mar 22, 2025
Affirming Trial-Court Discretion to Exclude Sell-Hearing Purpose from Cross-Examination without Violating the Confrontation Clause Case: State v. Gregory Court: Supreme Court of North Carolina Date:...
Permit Choice Triggers When an Application Is Accepted as “Complete,” Not When It Is “Final”; “Commercial Building” Requires Permanence and Primary Commercial Use — Ashe County v. Ashe County Planning Board

Permit Choice Triggers When an Application Is Accepted as “Complete,” Not When It Is “Final”; “Commercial Building” Requires Permanence and Primary Commercial Use — Ashe County v. Ashe County Planning Board

Date: Mar 22, 2025
Permit Choice Triggers When an Application Is Accepted as “Complete,” Not When It Is “Final”; “Commercial Building” Requires Permanence and Primary Commercial Use Case: Ashe County v. Ashe County...
Broad Inclusion of Provider-Prescribed Items under Section 306(f.1)(1)(i): Employers’ Duty to Reimburse CBD Oil as “Medicines and Supplies”

Broad Inclusion of Provider-Prescribed Items under Section 306(f.1)(1)(i): Employers’ Duty to Reimburse CBD Oil as “Medicines and Supplies”

Date: Mar 21, 2025
Broad Inclusion of Provider-Prescribed Items under Section 306(f.1)(1)(i): Employers’ Duty to Reimburse CBD Oil as “Medicines and Supplies” Introduction Schmidt, M. v. Schmidt, Kirifides & Rassias,...
Defining “Payable” under Utah’s Underinsured Motorist Statute: Hinton v. Midwest Family Mutual Insurance

Defining “Payable” under Utah’s Underinsured Motorist Statute: Hinton v. Midwest Family Mutual Insurance

Date: Mar 21, 2025
Defining “Payable” under Utah’s Underinsured Motorist Statute: Hinton v. Midwest Family Mutual Insurance Introduction In Hinton v. Midwest Family Mutual Insurance (2025 UT 4), the Utah Supreme Court...
Automatic SORA Level 3 Override for Undisturbed Prior Felony Sex Convictions

Automatic SORA Level 3 Override for Undisturbed Prior Felony Sex Convictions

Date: Mar 21, 2025
Automatic SORA Level 3 Override for Undisturbed Prior Felony Sex Convictions Introduction In People v. Moss (2025 NYSlipOp 01673), the New York Court of Appeals addressed whether the Sex Offender...
Mandatory Biennial Attorney Registration and En Masse Suspension under Judiciary Law §468-a

Mandatory Biennial Attorney Registration and En Masse Suspension under Judiciary Law §468-a

Date: Mar 21, 2025
Mandatory Biennial Attorney Registration and En Masse Suspension under Judiciary Law §468-a Introduction The Appellate Division of the Supreme Court, First Department, in Matter of Attorneys Who are...
Undisputed Medical Evidence Can Defeat Manslaughter Instructions; Delusional Claims Alone Do Not Mandate Mid‑Trial Competency Hearings (Supreme Court of Kentucky affirms in Anderson v. Commonwealth)

Undisputed Medical Evidence Can Defeat Manslaughter Instructions; Delusional Claims Alone Do Not Mandate Mid‑Trial Competency Hearings (Supreme Court of Kentucky affirms in Anderson v. Commonwealth)

Date: Mar 21, 2025
Undisputed Medical Evidence Can Defeat Manslaughter Instructions; Delusional Claims Alone Do Not Mandate Mid‑Trial Competency Hearings Case: Elvis Anderson v. Commonwealth of Kentucky Court: Supreme...
Stacking of Firearm and Second-Offense Enhancements Yields Class A Penalty; Misordered Penalty Instructions Are Not Palpable Error

Stacking of Firearm and Second-Offense Enhancements Yields Class A Penalty; Misordered Penalty Instructions Are Not Palpable Error

Date: Mar 21, 2025
Stacking of Firearm and Second-Offense Enhancements Yields Class A Penalty; Misordered Penalty Instructions Are Not Palpable Error Case: Denarrius Terry v. Commonwealth of Kentucky Court: Supreme...
Commissioner’s Authority Under Agriculture and Markets Law §305-a Remains Intact Despite Pine Barrens Act Constraints

Commissioner’s Authority Under Agriculture and Markets Law §305-a Remains Intact Despite Pine Barrens Act Constraints

Date: Mar 21, 2025
Commissioner’s Authority Under Agriculture and Markets Law §305-a Remains Intact Despite Pine Barrens Act Constraints Introduction In Matter of Town of Brookhaven v. Ball (2025 NYSlipOp 01686), the...
Contractual Enforcement of COVID-19 Vaccination Policies via Broad Compliance Clauses: Colt v. Nathan Littauer Hospital

Contractual Enforcement of COVID-19 Vaccination Policies via Broad Compliance Clauses: Colt v. Nathan Littauer Hospital

Date: Mar 21, 2025
Contractual Enforcement of COVID-19 Vaccination Policies via Broad Compliance Clauses: Colt v. Nathan Littauer Hospital 1. Introduction In Colt v. Nathan Littauer Hospital (2025 NYSlipOp 01690), the...
Limits on Industry-Wide Character Judgments in Video Gaming License Denials

Limits on Industry-Wide Character Judgments in Video Gaming License Denials

Date: Mar 21, 2025
Limits on Industry-Wide Character Judgments in Video Gaming License Denials Introduction This commentary examines the Supreme Court of Pennsylvania’s decision in Brozzetti, M. v. Pennsylvania Gaming...
Individualized Character Assessment Mandate in Pennsylvania Video Gaming Licensing

Individualized Character Assessment Mandate in Pennsylvania Video Gaming Licensing

Date: Mar 21, 2025
Individualized Character Assessment Mandate in Pennsylvania Video Gaming Licensing Introduction This commentary examines the Supreme Court of Pennsylvania’s decision in Brozzetti, F. v. Pennsylvania...
Clarification of Fraud Exception in Rent Overcharge Actions: Reliance Not Required

Clarification of Fraud Exception in Rent Overcharge Actions: Reliance Not Required

Date: Mar 21, 2025
Clarification of Fraud Exception in Rent Overcharge Actions: Reliance Not Required Introduction The New York Court of Appeals decision in Burrows v. 75-25 153rd St., LLC (2025 NYSlipOp 01669)...
Continuous Reckless Driving as Depraved Indifference: People v. Bender Precedent

Continuous Reckless Driving as Depraved Indifference: People v. Bender Precedent

Date: Mar 21, 2025
Continuous Reckless Driving as Depraved Indifference: People v. Bender Precedent Introduction The Appellate Division, Third Department of the Supreme Court of New York decided People v. Bender (2025...
No Continuance Absent Specific, Articulable Prejudice from Late-Disclosed Misconduct of a Non‑Testifying Officer: Commentary on Whitney v. Commonwealth

No Continuance Absent Specific, Articulable Prejudice from Late-Disclosed Misconduct of a Non‑Testifying Officer: Commentary on Whitney v. Commonwealth

Date: Mar 21, 2025
No Continuance Absent Specific, Articulable Prejudice from Late-Disclosed Misconduct of a Non‑Testifying Officer Introduction This commentary examines the Supreme Court of Kentucky’s unpublished...
Only Actions Specifically Permitted by Nonenumerated Regulators Qualify for Washington’s CPA Safe Harbor: Hall v. Walgreens Boots Alliance

Only Actions Specifically Permitted by Nonenumerated Regulators Qualify for Washington’s CPA Safe Harbor: Hall v. Walgreens Boots Alliance

Date: Mar 21, 2025
Only Actions Specifically Permitted by Nonenumerated Regulators Qualify for Washington’s CPA Safe Harbor Hall v. Walgreens Boots Alliance, Inc., No. 102829-6 (Wash. Mar. 20, 2025) (en banc)...
Exclusive IDOR Jurisdiction Over Sales Tax Misallocations; Village of Itasca Overruled

Exclusive IDOR Jurisdiction Over Sales Tax Misallocations; Village of Itasca Overruled

Date: Mar 21, 2025
Exclusive IDOR Jurisdiction Over Illinois Sales Tax Misallocations; Village of Itasca Overruled Introduction In Village of Arlington Heights v. City of Rolling Meadows, 2025 IL 130461 (Ill. Mar. 20,...
“Pro Bono Is Not a Shield”: Florida Supreme Court Disbars Lawyer and Clarifies Disciplinary Aggravation/Mitigation, Social‑Media Prejudice, and No‑Contact Rules — The Florida Bar v. Malik Leigh

“Pro Bono Is Not a Shield”: Florida Supreme Court Disbars Lawyer and Clarifies Disciplinary Aggravation/Mitigation, Social‑Media Prejudice, and No‑Contact Rules — The Florida Bar v. Malik Leigh

Date: Mar 21, 2025
“Pro Bono Is Not a Shield”: Florida Supreme Court Disbars Lawyer and Clarifies Disciplinary Aggravation/Mitigation, Social‑Media Prejudice, and No‑Contact Rules — The Florida Bar v. Malik Leigh...
Presumptive Authenticity of Judicial E‑Signatures and Mandatory Portal E‑Service: Florida’s 2025 Overhaul of Electronic Filing and Service Rules

Presumptive Authenticity of Judicial E‑Signatures and Mandatory Portal E‑Service: Florida’s 2025 Overhaul of Electronic Filing and Service Rules

Date: Mar 21, 2025
Presumptive Authenticity of Judicial E‑Signatures and Mandatory Portal E‑Service: Florida’s 2025 Overhaul of Electronic Filing and Service Rules Introduction In this rulemaking opinion, the Supreme...
Reasonable Maintenance Standard and Notice Requirement for Highway Safety: Englander v. State of New York

Reasonable Maintenance Standard and Notice Requirement for Highway Safety: Englander v. State of New York

Date: Mar 21, 2025
Reasonable Maintenance Standard and Notice Requirement for Highway Safety England­er v. State of New York, 2025 NYSlipOp 01685 Introduction In Englander v. State of New York, the Appellate Division,...
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