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  • Commentaries
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state Case Commentaries

Establishing the Standard for Narrowly Tailored Involuntary Medication Treatment Plans

Establishing the Standard for Narrowly Tailored Involuntary Medication Treatment Plans

Date: Mar 15, 2025
Establishing the Standard for Narrowly Tailored Involuntary Medication Treatment Plans Introduction The case of Kara Walawender, Unit Chief at the Central New York Psychiatric Center, Auburn...
Clarifying the Enforceability of Oral Settlement Agreements and the Scope of Legal Malpractice Claims

Clarifying the Enforceability of Oral Settlement Agreements and the Scope of Legal Malpractice Claims

Date: Mar 15, 2025
Clarifying the Enforceability of Oral Settlement Agreements and the Scope of Legal Malpractice Claims Introduction This commentary examines the Supreme Court of New York, Fourth Department’s decision...
Reaffirming Adjudicatory Discretion: Negligence, Master-Servant Liability, and Evidentiary Challenges in Alexandria Kazarian v. New London County Mutual Insurance Company

Reaffirming Adjudicatory Discretion: Negligence, Master-Servant Liability, and Evidentiary Challenges in Alexandria Kazarian v. New London County Mutual Insurance Company

Date: Mar 15, 2025
Reaffirming Adjudicatory Discretion: Negligence, Master-Servant Liability, and Evidentiary Challenges in Alexandria Kazarian v. New London County Mutual Insurance Company Introduction The Supreme...
Ensuring Procedural Preservation in RFA Extensions: Lessons from Amy Spooner v. Jon Milizia

Ensuring Procedural Preservation in RFA Extensions: Lessons from Amy Spooner v. Jon Milizia

Date: Mar 15, 2025
Ensuring Procedural Preservation in RFA Extensions: Lessons from Amy Spooner v. Jon Milizia Introduction The judgment in Amy Spooner v. Jon Milizia from the Supreme Court of Vermont (dated March 14,...
Prescriptive Easement and Maintenance Rights: Vermont’s Expansive Approach to Water Access

Prescriptive Easement and Maintenance Rights: Vermont’s Expansive Approach to Water Access

Date: Mar 15, 2025
Prescriptive Easement and Maintenance Rights: Vermont’s Expansive Approach to Water Access Introduction The case of Amy Logue & Scott Bedell v. Katherine Richmond presents a detailed dispute...
Parental Stagnation and Child Permanency: New Precedents in Termination of Parental Rights

Parental Stagnation and Child Permanency: New Precedents in Termination of Parental Rights

Date: Mar 15, 2025
Parental Stagnation and Child Permanency: New Precedents in Termination of Parental Rights Introduction The case of In re O.S., Juvenile C.S., Father, decided by the Supreme Court of Vermont on March...
Assignment of Promissory Note Rights and Equitable Contribution Among Cosureties in Estate Proceedings

Assignment of Promissory Note Rights and Equitable Contribution Among Cosureties in Estate Proceedings

Date: Mar 15, 2025
Assignment of Promissory Note Rights and Equitable Contribution Among Cosureties in Estate Proceedings Introduction The Judgment in In re Estate of Sidney B. Harchelroad, deceased, v. Carol...
Forcible Entry and Detainer Jurisdiction: Redefining the Boundaries of Title Dispute in Lease Termination

Forcible Entry and Detainer Jurisdiction: Redefining the Boundaries of Title Dispute in Lease Termination

Date: Mar 15, 2025
Forcible Entry and Detainer Jurisdiction: Redefining the Boundaries of Title Dispute in Lease Termination Introduction The Supreme Court of Nebraska’s decision in Woodsonia Hwy 281, LLC, appellee, v....
Affirming the Right to Exercise a Purchase Option in Commercial Leases: Mahmoud Chatila v. Charles Smith, III & a.

Affirming the Right to Exercise a Purchase Option in Commercial Leases: Mahmoud Chatila v. Charles Smith, III & a.

Date: Mar 15, 2025
Affirming the Right to Exercise a Purchase Option in Commercial Leases Mahmoud Chatila v. Charles Smith, III & a. Introduction In the case of Mahmoud Chatila v. Charles Smith, III & a., decided by...
Guardianship Proceedings Under ICWA: Clarifying That Termination of Parental Rights Is Not a Prerequisite

Guardianship Proceedings Under ICWA: Clarifying That Termination of Parental Rights Is Not a Prerequisite

Date: Mar 15, 2025
Guardianship Proceedings Under ICWA: Clarifying That Termination of Parental Rights Is Not a Prerequisite Introduction In the recent decision of the Supreme Court of Alaska dated March 14, 2025, the...
Mandating Specific Redactions and Enhanced Access: A New Precedent in FOIL and Public Officers Law Transparency

Mandating Specific Redactions and Enhanced Access: A New Precedent in FOIL and Public Officers Law Transparency

Date: Mar 15, 2025
Mandating Specific Redactions and Enhanced Access: A New Precedent in FOIL and Public Officers Law Transparency Introduction The case of IN THE MATTER OF ARON LAW PLLC v. ROCHESTER CITY SCHOOL...
Establishing Due Process Rights in Correctional Misbehavior Hearings

Establishing Due Process Rights in Correctional Misbehavior Hearings

Date: Mar 15, 2025
Establishing Due Process Rights in Correctional Misbehavior Hearings Introduction The Judgment in the case of Willie Bright v. Daniel F. Martuscell, III represents a significant development in the...
Reaffirming Summary Judgment Standards in Commercial Disputes: The Bauman Precedent

Reaffirming Summary Judgment Standards in Commercial Disputes: The Bauman Precedent

Date: Mar 15, 2025
Reaffirming Summary Judgment Standards in Commercial Disputes: The Bauman Precedent Introduction In the case of Margaret P. Bauman, Plaintiff-Respondent, v. Dennis R. Bauman, Back Hills Farm Corp.,...
Affirming the Sufficiency of Evidence Standard in Obstruction Charges and Conditions of Release Violations

Affirming the Sufficiency of Evidence Standard in Obstruction Charges and Conditions of Release Violations

Date: Mar 15, 2025
Affirming the Sufficiency of Evidence Standard in Obstruction Charges and Conditions of Release Violations Introduction In the recent decision of State of Vermont v. Joshua Sabens, the Supreme Court...
Sequencing of Comparative Fault and Statutory Damages Caps: A New Precedent in Personal Injury Awards

Sequencing of Comparative Fault and Statutory Damages Caps: A New Precedent in Personal Injury Awards

Date: Mar 15, 2025
Sequencing of Comparative Fault and Statutory Damages Caps: A New Precedent in Personal Injury Awards Introduction The recent decision in Gregory Kisling v. Paul Grosz before the Supreme Court of...
Establishing the Boundaries of Derivative Appeals and Fiduciary Duties in Partnership Disputes: The Bertucci-Watkins Precedent

Establishing the Boundaries of Derivative Appeals and Fiduciary Duties in Partnership Disputes: The Bertucci-Watkins Precedent

Date: Mar 15, 2025
Establishing the Boundaries of Derivative Appeals and Fiduciary Duties in Partnership Disputes: The Bertucci-Watkins Precedent I. Introduction The case of Christopher F. Bertucci, acting as executor...
Reinforcing Equitable Remedies: Reinstating Constructive Trust and Unilateral Mistake with Fraud Claims in Deed Reformation Disputes

Reinforcing Equitable Remedies: Reinstating Constructive Trust and Unilateral Mistake with Fraud Claims in Deed Reformation Disputes

Date: Mar 15, 2025
Reinforcing Equitable Remedies: Reinstating Constructive Trust and Unilateral Mistake with Fraud Claims in Deed Reformation Disputes Introduction In the recent decision of the Supreme Court of New...
Judicial Affirmation of Discretion in Denial of Post-Judgment Relief Motions

Judicial Affirmation of Discretion in Denial of Post-Judgment Relief Motions

Date: Mar 15, 2025
Judicial Affirmation of Discretion in Denial of Post-Judgment Relief Motions Introduction The judgment in Zephryn Hammond v. University of Vermont Medical Center marks a significant development in...
New Precedent: Affirmation of Civil No-Stalking Orders Under Vermont’s Anti-Stalking Statute

New Precedent: Affirmation of Civil No-Stalking Orders Under Vermont’s Anti-Stalking Statute

Date: Mar 15, 2025
New Precedent: Affirmation of Civil No-Stalking Orders Under Vermont’s Anti-Stalking Statute Introduction The case of Violet Nichols v. Robert Lafayette, decided on March 14, 2025 by the Supreme...
Clarifying the Threshold for New Trial Motions Based on False Witness Testimony

Clarifying the Threshold for New Trial Motions Based on False Witness Testimony

Date: Mar 15, 2025
Clarifying the Threshold for New Trial Motions Based on False Witness Testimony Introduction In the recent decision of State of Vermont v. Mitchell Maldonado, Jr., the Supreme Court of Vermont...
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