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  • Commentaries
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state Case Commentaries

Apportionment in Workers' Compensation: Establishing the Proper Role of Preexisting Conditions in Impairment Ratings

Apportionment in Workers' Compensation: Establishing the Proper Role of Preexisting Conditions in Impairment Ratings

Date: Mar 20, 2025
Apportionment in Workers' Compensation: Establishing the Proper Role of Preexisting Conditions in Impairment Ratings Introduction The case of James D. Horner v. Eastern Asphalt Products, LLC before...
Clarifying Abandonment: The Role of Parental Noncompliance as Clear and Convincing Evidence in Abuse and Neglect Proceedings

Clarifying Abandonment: The Role of Parental Noncompliance as Clear and Convincing Evidence in Abuse and Neglect Proceedings

Date: Mar 20, 2025
Clarifying Abandonment: The Role of Parental Noncompliance as Clear and Convincing Evidence in Abuse and Neglect Proceedings Introduction The case, In re T.A., before the Supreme Court of West...
Clarifying Jurisdiction under the UCCJEA in Child Abuse and Neglect Proceedings: Commentary on In re N.F. and A.F.

Clarifying Jurisdiction under the UCCJEA in Child Abuse and Neglect Proceedings: Commentary on In re N.F. and A.F.

Date: Mar 20, 2025
Clarifying Jurisdiction under the UCCJEA in Child Abuse and Neglect Proceedings Introduction The case of In re N.F. and A.F. before the Supreme Court of West Virginia marks an important development...
No Reasonable Likelihood for Substantial Correction: A New Standard in Parental Rights Termination

No Reasonable Likelihood for Substantial Correction: A New Standard in Parental Rights Termination

Date: Mar 20, 2025
No Reasonable Likelihood for Substantial Correction: A New Standard in Parental Rights Termination Introduction The judgment in In re L.F., decided by the Supreme Court of West Virginia on March 19,...
Affirming Parental Rights Termination: Ensuring Child Welfare by Demonstrating Inability to Correct Conditions of Abuse and Neglect

Affirming Parental Rights Termination: Ensuring Child Welfare by Demonstrating Inability to Correct Conditions of Abuse and Neglect

Date: Mar 20, 2025
Affirming Parental Rights Termination: Ensuring Child Welfare by Demonstrating Inability to Correct Conditions of Abuse and Neglect Introduction The Judgment in "In re J.N. and K.N." by the Supreme...
Termination of Parental Rights Without an Improvement Period: A New Precedent in Substance Abuse Cases

Termination of Parental Rights Without an Improvement Period: A New Precedent in Substance Abuse Cases

Date: Mar 20, 2025
Termination of Parental Rights Without an Improvement Period: A New Precedent in Substance Abuse Cases Introduction The Judgment in In re D.A. from the Supreme Court of West Virginia establishes a...
Affirmation of Judicial Discretion in Post-Adjudicatory Improvement and Evidentiary Use in Parental Rights Termination

Affirmation of Judicial Discretion in Post-Adjudicatory Improvement and Evidentiary Use in Parental Rights Termination

Date: Mar 20, 2025
Affirmation of Judicial Discretion in Post-Adjudicatory Improvement and Evidentiary Use in Parental Rights Termination Introduction The Judgment in In re A.H. before the Supreme Court of West...
Clarifying Malicious Prosecution versus Abuse of Process in Mortgage Foreclosures: Stewart v. Fein Such & Crain, LLP

Clarifying Malicious Prosecution versus Abuse of Process in Mortgage Foreclosures: Stewart v. Fein Such & Crain, LLP

Date: Mar 20, 2025
Clarifying Malicious Prosecution versus Abuse of Process in Mortgage Foreclosures: Stewart v. Fein Such & Crain, LLP Introduction Stewart v. Fein Such & Crain, LLP (2025 NYSlipOp 01663) presents a...
Permissive Use Limits and Vicarious Liability: Clarifying Owner Consent under VTL §388

Permissive Use Limits and Vicarious Liability: Clarifying Owner Consent under VTL §388

Date: Mar 20, 2025
Permissive Use Limits and Vicarious Liability: Clarifying Owner Consent under VTL §388 Introduction Madrigal v. Paragon Motors of Woodside, Inc. (2025 NYSlipOp 01620) is a 2025 decision by the...
Requiring Consideration of DVPO Findings in Child Custody Best-Interests Analysis

Requiring Consideration of DVPO Findings in Child Custody Best-Interests Analysis

Date: Mar 20, 2025
Requiring Consideration of DVPO Findings in Child Custody Best-Interests Analysis Introduction Jasmine R. v. Cornell R. is a memorandum opinion issued by the Supreme Court of the State of Alaska on...
Clarifying Excusable Neglect Under Alaska R. Civ. P. 60(b)(1): Attorney Error Does Not Warrant Relief

Clarifying Excusable Neglect Under Alaska R. Civ. P. 60(b)(1): Attorney Error Does Not Warrant Relief

Date: Mar 20, 2025
Clarifying Excusable Neglect Under Alaska R. Civ. P. 60(b)(1): Attorney Error Does Not Warrant Relief Introduction In Edward H. v. Sarah B., Supreme Court No. S-18832 (Alaska March 19, 2025), the...
Clarifying the Boundaries of Postconviction Relief in Capital Cases: Procedural Bars, Newly Discovered Evidence, and Jury Unanimity

Clarifying the Boundaries of Postconviction Relief in Capital Cases: Procedural Bars, Newly Discovered Evidence, and Jury Unanimity

Date: Mar 19, 2025
Clarifying the Boundaries of Postconviction Relief in Capital Cases: Procedural Bars, Newly Discovered Evidence, and Jury Unanimity Introduction The case of Edward T. James v. State of Florida...
Limiting Judicial Immunity for Constables: Distinguishing Misconduct from Negligence in Writ Execution

Limiting Judicial Immunity for Constables: Distinguishing Misconduct from Negligence in Writ Execution

Date: Mar 19, 2025
Limiting Judicial Immunity for Constables: Distinguishing Misconduct from Negligence in Writ Execution Introduction The case of Gabriel Garibay; Deborah Martinez-Garibay; and Pima County,...
Clarifying the Duty of Care for Business Invitees: Uncoupling Duty Determination from the Assessment of Hazardous Conditions

Clarifying the Duty of Care for Business Invitees: Uncoupling Duty Determination from the Assessment of Hazardous Conditions

Date: Mar 19, 2025
Clarifying the Duty of Care for Business Invitees: Uncoupling Duty Determination from the Assessment of Hazardous Conditions Introduction The case of Roxanne Perez v. Circle K Convenience Stores,...
Assessor’s Discretion in Valuation: Balancing Purchase Price, Trending, and Depreciation in Complex Oil and Gas Property Assessments

Assessor’s Discretion in Valuation: Balancing Purchase Price, Trending, and Depreciation in Complex Oil and Gas Property Assessments

Date: Mar 18, 2025
Assessor’s Discretion in Valuation: Balancing Purchase Price, Trending, and Depreciation in Complex Oil and Gas Property Assessments Introduction The case of Contango Resources, LLC v. Fremont...
Reaffirming Execution Protocols under La. R.S. 15:567C: No Resetting Required on Reversal of Stay Orders

Reaffirming Execution Protocols under La. R.S. 15:567C: No Resetting Required on Reversal of Stay Orders

Date: Mar 17, 2025
Reaffirming Execution Protocols under La. R.S. 15:567C: No Resetting Required on Reversal of Stay Orders Introduction The case of STATE OF LOUISIANA v. JESSIE D. HOFFMAN presents a critical...
Clarifying the Burden of Proof in Parental Rights Termination: New Precedents in Abuse and Neglect Proceedings

Clarifying the Burden of Proof in Parental Rights Termination: New Precedents in Abuse and Neglect Proceedings

Date: Mar 15, 2025
Clarifying the Burden of Proof in Parental Rights Termination: New Precedents in Abuse and Neglect Proceedings Introduction The case of In re L.J., I.J., A.J., and G.J.-1 before the West Virginia...
New Legal Standard on Pre-Bail Detention for Felony Charges in Vermont – State of Vermont v. Ryan Sartwell

New Legal Standard on Pre-Bail Detention for Felony Charges in Vermont – State of Vermont v. Ryan Sartwell

Date: Mar 15, 2025
New Legal Standard on Pre-Bail Detention for Felony Charges in Vermont Introduction In the landmark case of State of Vermont v. Ryan Sartwell (2025 Vt. 13), the Supreme Court of Vermont has...
Clarifying the Standard for Punitive Damages: Directed Verdicts and the Clear and Convincing Burden

Clarifying the Standard for Punitive Damages: Directed Verdicts and the Clear and Convincing Burden

Date: Mar 15, 2025
Clarifying the Standard for Punitive Damages: Directed Verdicts and the Clear and Convincing Burden Introduction In this significant decision from the Supreme Court of South Carolina, the Court...
Clarifying “Timely” Under Rule 59(e): A New Standard for Post-Trial Motions and Appeal Deadlines

Clarifying “Timely” Under Rule 59(e): A New Standard for Post-Trial Motions and Appeal Deadlines

Date: Mar 15, 2025
Clarifying “Timely” Under Rule 59(e): A New Standard for Post-Trial Motions and Appeal Deadlines Introduction The Judgment in W. Kenneth Swing, Respondent, v. Jill K. Swing, Petitioner presents a...
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