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  • Commentaries
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state Case Commentaries

Mandatory Duty of Fair Representation for CBA Claims: Limiting Article 78 Relief

Mandatory Duty of Fair Representation for CBA Claims: Limiting Article 78 Relief

Date: Mar 21, 2025
Mandatory Duty of Fair Representation for CBA Claims: Limiting Article 78 Relief Introduction Matter of Dourdounas v. City of New York, 2025 NYSlipOp 01671, is a landmark decision of the New York...
Adverse Possession by Unaware Cotenants under RPAPL 541

Adverse Possession by Unaware Cotenants under RPAPL 541

Date: Mar 21, 2025
Adverse Possession by Unaware Cotenants under RPAPL 541 Introduction Golobe v. Mielnicki, 2025 NYSlipOp 01670 (N.Y. Ct. App. Mar. 20, 2025), addresses a novel question under New York’s adverse...
Broadening Discretion under CPL 440.10(3): Relief for Parole-Advice Ineffective Assistance Claims

Broadening Discretion under CPL 440.10(3): Relief for Parole-Advice Ineffective Assistance Claims

Date: Mar 21, 2025
Broadening Discretion under CPL 440.10(3): Relief for Parole-Advice Ineffective Assistance Claims Introduction People v. Phelps (2025 NYSlipOp 01680) arises from a 2012 shooting in which defendant...
Roussel v. State (2025 UT 5): Nonjusticiability of Facial Challenges to Nonoperative Statutes and General Government Conduct

Roussel v. State (2025 UT 5): Nonjusticiability of Facial Challenges to Nonoperative Statutes and General Government Conduct

Date: Mar 21, 2025
Roussel v. State (2025 UT 5): Nonjusticiability of Facial Challenges to Nonoperative Statutes and General Government Conduct Introduction In Roussel v. State (2025 UT 5), the Utah Supreme Court...
Walker v. Mississippi: Evidentiary Basis for Lesser-Included Offense Instructions and Record Preservation Requirements

Walker v. Mississippi: Evidentiary Basis for Lesser-Included Offense Instructions and Record Preservation Requirements

Date: Mar 21, 2025
Walker v. Mississippi: Evidentiary Basis for Lesser-Included Offense Instructions and Record Preservation Requirements Introduction In Walker v. State of Mississippi, 2025-MS-01153-SCT, the Supreme...
CALGA Covers Special Districts, But No Immunity for Ministerial Sewer Maintenance: Kentucky Supreme Court Denies MSD Immunity for No‑Grate Practice

CALGA Covers Special Districts, But No Immunity for Ministerial Sewer Maintenance: Kentucky Supreme Court Denies MSD Immunity for No‑Grate Practice

Date: Mar 21, 2025
CALGA Covers Special Districts, But No Immunity for Ministerial Sewer Maintenance: Kentucky Supreme Court Denies MSD Immunity for No‑Grate Practice Case: Louisville & Jefferson County Metropolitan...
Rule 92(e) Clarified: No Waiver of Statutory Costs When Not Presented to Arbitrator

Rule 92(e) Clarified: No Waiver of Statutory Costs When Not Presented to Arbitrator

Date: Mar 21, 2025
Rule 92(e) Clarified: No Waiver of Statutory Costs When Not Presented to Arbitrator Introduction In Jordan v. Macedo, 2025 IL 130687, the Supreme Court of Illinois resolved a recurrent procedural...
Corroborating an Accomplice with Forensic and Digital Evidence; “Any Person” in First‑Degree Battery Includes Unintended Victims

Corroborating an Accomplice with Forensic and Digital Evidence; “Any Person” in First‑Degree Battery Includes Unintended Victims

Date: Mar 21, 2025
Corroborating an Accomplice with Forensic and Digital Evidence; “Any Person” in First‑Degree Battery Includes Unintended Victims Introduction In Justin Mays v. State of Arkansas, 2025 Ark. 25, the...
Section 998 Cost-Shifting Applies to Pretrial Settlements After Rejected Offers—Default Rule Unless Parties Reallocate in Settlement

Section 998 Cost-Shifting Applies to Pretrial Settlements After Rejected Offers—Default Rule Unless Parties Reallocate in Settlement

Date: Mar 21, 2025
Section 998 Cost-Shifting Applies to Pretrial Settlements After Rejected Offers—Default Rule Unless Parties Reallocate in Settlement Introduction In Madrigal v. Hyundai Motor America (Supreme Court...
Florida Probate Practice Updated: Mandatory E‑Service of Formal Notice on Appearing Counsel; “Promptly Thereafter” Standard for Serving Objections to Personal Representative’s Proof of Claim; Guardianship Physician Report Timing Aligned with Statute

Florida Probate Practice Updated: Mandatory E‑Service of Formal Notice on Appearing Counsel; “Promptly Thereafter” Standard for Serving Objections to Personal Representative’s Proof of Claim; Guardianship Physician Report Timing Aligned with Statute

Date: Mar 21, 2025
Florida Probate Practice Updated: Mandatory E‑Service of Formal Notice on Appearing Counsel; “Promptly Thereafter” Standard for Serving Objections to Personal Representative’s Proof of Claim;...
Substance Prevails Over Form: Establishing Time-Barred Limits for Defamation Disguised as Negligence

Substance Prevails Over Form: Establishing Time-Barred Limits for Defamation Disguised as Negligence

Date: Mar 20, 2025
Substance Prevails Over Form: Establishing Time-Barred Limits for Defamation Disguised as Negligence Introduction The Supreme Court of Mississippi recently rendered a critical decision in the case of...
Affirmative Defense Waiver and Directed Verdict Correction: A New Precedent in Debt Recovery and Contractual Liability

Affirmative Defense Waiver and Directed Verdict Correction: A New Precedent in Debt Recovery and Contractual Liability

Date: Mar 20, 2025
Affirmative Defense Waiver and Directed Verdict Correction: A New Precedent in Debt Recovery and Contractual Liability Introduction In the recent decision in Radco Fishing and Rental Tools, Inc.,...
Establishing Rigorous Standards for Client Trust Account Management and Communication

Establishing Rigorous Standards for Client Trust Account Management and Communication

Date: Mar 20, 2025
Establishing Rigorous Standards for Client Trust Account Management and Communication Introduction The Iowa Supreme Court’s recent decision in Iowa Supreme Court Attorney Disciplinary Board,...
Ineffective PCR Counsel Claims Do Not Extend Statutory Limitations: Affirming the Finality of the Three-Year Postconviction Relief Deadline

Ineffective PCR Counsel Claims Do Not Extend Statutory Limitations: Affirming the Finality of the Three-Year Postconviction Relief Deadline

Date: Mar 20, 2025
Ineffective PCR Counsel Claims Do Not Extend Statutory Limitations: Affirming the Finality of the Three-Year Postconviction Relief Deadline Introduction The case of Brandon Daniel Ruiz v. State of...
The Public Nature of Use of Force Reports: Expanding Access to Factual Police Records

The Public Nature of Use of Force Reports: Expanding Access to Factual Police Records

Date: Mar 20, 2025
The Public Nature of Use of Force Reports: Expanding Access to Factual Police Records Introduction In the case of Harvey L. Harrison, Appellee, v. Lisa Mickey, in her official capacity as Open...
Defining the Completion of Administrative Investigations: The Intersection of Discipline and Procedural Rights under Iowa Code §80F.1

Defining the Completion of Administrative Investigations: The Intersection of Discipline and Procedural Rights under Iowa Code §80F.1

Date: Mar 20, 2025
Defining the Completion of Administrative Investigations: The Intersection of Discipline and Procedural Rights under Iowa Code §80F.1 Introduction The judgment in Antoine Smith v. City of Cedar...
Deferred Judgment Eligibility and Prior Felony Conviction: Definitive Interpretation of Iowa Code § 907.3(1)(a)(1)

Deferred Judgment Eligibility and Prior Felony Conviction: Definitive Interpretation of Iowa Code § 907.3(1)(a)(1)

Date: Mar 20, 2025
Deferred Judgment Eligibility and Prior Felony Conviction: Definitive Interpretation of Iowa Code § 907.3(1)(a)(1) Introduction In the case of State of Iowa v. Ewaun Connor Gardner Jr., the Supreme...
New Precedent on Blood Test Evidence in DUI Cases: Constitutional Protections and Exclusionary Considerations

New Precedent on Blood Test Evidence in DUI Cases: Constitutional Protections and Exclusionary Considerations

Date: Mar 20, 2025
New Precedent on Blood Test Evidence in DUI Cases: Constitutional Protections and Exclusionary Considerations Introduction The Supreme Court of Georgia’s decision in THE STATE v. DIAS establishes...
Suspension over Admonishment: A New Benchmark in Lawyer Misconduct Discipline

Suspension over Admonishment: A New Benchmark in Lawyer Misconduct Discipline

Date: Mar 20, 2025
Suspension over Admonishment: A New Benchmark in Lawyer Misconduct Discipline Introduction The judgment in The Florida Bar v. Danielle Renee Watson marks a significant moment in the discipline of...
Mandamus Denied: Broad Discretion of Election Boards in Signature Verification and No Duty for Reconsideration Hearings

Mandamus Denied: Broad Discretion of Election Boards in Signature Verification and No Duty for Reconsideration Hearings

Date: Mar 20, 2025
Mandamus Denied: Broad Discretion of Election Boards in Signature Verification and No Duty for Reconsideration Hearings Introduction State ex rel. Porteous v. Franklin Cty. Bd. of Elections, Slip...
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