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  • Commentaries
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state Case Commentaries

Probable Cause and the Role of Observational Testimony in Automobile Searches

Probable Cause and the Role of Observational Testimony in Automobile Searches

Date: Mar 15, 2025
Probable Cause and the Role of Observational Testimony in Automobile Searches Introduction The case of The People of the State of New York v. Diquan Hall presents a significant development in the...
New Precedent on Pretermination Due Process in Public School Employment

New Precedent on Pretermination Due Process in Public School Employment

Date: Mar 15, 2025
New Precedent on Pretermination Due Process in Public School Employment Introduction The Supreme Court of Alaska’s judgment in R. Brett Stirling v. North Slope Borough School District establishes a...
Dividing Only What Can Be Sold: Establishing the Marketable Goodwill Test in Divorce Proceedings

Dividing Only What Can Be Sold: Establishing the Marketable Goodwill Test in Divorce Proceedings

Date: Mar 15, 2025
Dividing Only What Can Be Sold: Establishing the Marketable Goodwill Test in Divorce Proceedings Introduction This comprehensive commentary examines the recent decision in Lydia May, f/k/a Lydia...
No Retroactive Application of FARA: Statutory Presumptions and Judicial Caution in Fertility Fraud Litigation

No Retroactive Application of FARA: Statutory Presumptions and Judicial Caution in Fertility Fraud Litigation

Date: Mar 15, 2025
No Retroactive Application of FARA: Statutory Presumptions and Judicial Caution in Fertility Fraud Litigation Introduction In the case of Bert Miller and Nancy Duffner, Appellants, v. State of Iowa,...
New Legal Precedent: Strict Sanctions for Trial Misconduct and Dismissal for Noncompliance

New Legal Precedent: Strict Sanctions for Trial Misconduct and Dismissal for Noncompliance

Date: Mar 14, 2025
New Legal Precedent: Strict Sanctions for Trial Misconduct and Dismissal for Noncompliance Introduction The case of Kattie Boline v. JKC Trucking and Jerzy Syrzyna establishes a significant precedent...
Optional Incentive Programs and Grandfather Protection: Establishing “Required and Approved” Franchise Image Elements as Statutorily Protected

Optional Incentive Programs and Grandfather Protection: Establishing “Required and Approved” Franchise Image Elements as Statutorily Protected

Date: Mar 14, 2025
Optional Incentive Programs and Grandfather Protection: Establishing “Required and Approved” Franchise Image Elements as Statutorily Protected Introduction The West Virginia Supreme Court of Appeals...
Clarifying Express and Implied Easements: The McElroy v. Stephens Precedent

Clarifying Express and Implied Easements: The McElroy v. Stephens Precedent

Date: Mar 14, 2025
Clarifying Express and Implied Easements: The McElroy v. Stephens Precedent Introduction The case of Michael R. McElroy et al. v. Marilyn O. Stephens et al. addresses a long-standing dispute over...
Clarifying the 'Copy of the Ordinance' Requirement for Municipal Income Tax Levy Ballots in Ohio

Clarifying the 'Copy of the Ordinance' Requirement for Municipal Income Tax Levy Ballots in Ohio

Date: Mar 14, 2025
Clarifying the 'Copy of the Ordinance' Requirement for Municipal Income Tax Levy Ballots in Ohio I. Introduction The case THE STATE EX REL. CITY OF NEW CARLISLE v. CLARK COUNTY BOARD OF ELECTIONS...
Unified Coverage for Interrelated Wrongful Acts: Redefining the “Related Wrongful Act” Principle

Unified Coverage for Interrelated Wrongful Acts: Redefining the “Related Wrongful Act” Principle

Date: Mar 14, 2025
Unified Coverage for Interrelated Wrongful Acts: Redefining the “Related Wrongful Act” Principle Introduction In the case of Zurich American Insurance Company v. Giorgio Armani Corporation, et al....
Refining Corporate Fiduciary Duties: New Clarifications on Loyalty, Aiding & Abetting, and Tortious Interference

Refining Corporate Fiduciary Duties: New Clarifications on Loyalty, Aiding & Abetting, and Tortious Interference

Date: Mar 14, 2025
Refining Corporate Fiduciary Duties: New Clarifications on Loyalty, Aiding & Abetting, and Tortious Interference Introduction In the recent decision of Young Adult Institute, Inc., et al. v. The...
New Precedent: Upholding Strict Accountability in Attorney Misconduct and Protective Order Violations

New Precedent: Upholding Strict Accountability in Attorney Misconduct and Protective Order Violations

Date: Mar 14, 2025
New Precedent: Upholding Strict Accountability in Attorney Misconduct and Protective Order Violations Introduction The judgment in the matter of Robert A. Walters represents a significant step in...
New Precedent on Fault Allocation: Jurisdictional Limits and Contribution Rights for Out-of-State Tortfeasors under the CNA and JTCL

New Precedent on Fault Allocation: Jurisdictional Limits and Contribution Rights for Out-of-State Tortfeasors under the CNA and JTCL

Date: Mar 14, 2025
New Precedent on Fault Allocation: Jurisdictional Limits and Contribution Rights for Out-of-State Tortfeasors under the CNA and JTCL Introduction In a groundbreaking decision by the New Jersey...
Timeliness and Notice in Appellate Proceedings: New Precedent on Relitigation Limits

Timeliness and Notice in Appellate Proceedings: New Precedent on Relitigation Limits

Date: Mar 14, 2025
Timeliness and Notice in Appellate Proceedings: New Precedent on Relitigation Limits Introduction The present Judgment, rendered by the Supreme Court of Nevada on March 10, 2025, deals with a...
Enhanced Evidentiary Standards and Procedural Discipline in Protective Order Hearings

Enhanced Evidentiary Standards and Procedural Discipline in Protective Order Hearings

Date: Mar 14, 2025
Enhanced Evidentiary Standards and Procedural Discipline in Protective Order Hearings Introduction The case of IN RE THE ORDER OF PROTECTION OF: TEDDEE HARRIS CUOMO, Petitioner and Appellant, v....
Affirming Judicial Discretion: Adequate Security and Supersedeas Bonds in Stay Orders

Affirming Judicial Discretion: Adequate Security and Supersedeas Bonds in Stay Orders

Date: Mar 14, 2025
Affirming Judicial Discretion: Adequate Security and Supersedeas Bonds in Stay Orders Introduction The case of Frank A. Apecella and Shirlynne Apecella versus Lillian A. Overman and Larry Robinson,...
Reaffirming the “Depiction” Standard in In-Person Child Sexual Abuse: Montana’s New Precedent in Brennan

Reaffirming the “Depiction” Standard in In-Person Child Sexual Abuse: Montana’s New Precedent in Brennan

Date: Mar 14, 2025
Reaffirming the “Depiction” Standard in In-Person Child Sexual Abuse: Montana’s New Precedent in Brennan Introduction The case of State of Montana v. Thomas Joseph Brennan (2025 MT 46) has now set...
Defendant’s Right of Allocution and the Limits of Plain Error Review in Sentencing: A Critical Analysis of STATE OF MONTANA v. DIETZ

Defendant’s Right of Allocution and the Limits of Plain Error Review in Sentencing: A Critical Analysis of STATE OF MONTANA v. DIETZ

Date: Mar 14, 2025
Defendant’s Right of Allocution and the Limits of Plain Error Review in Sentencing: A Critical Analysis of STATE OF MONTANA v. DIETZ Introduction The Montana Supreme Court issued a memorandum opinion...
Clarifying Appellate Burden and Evidentiary Standards: The Flathead High School Reunion Judgment

Clarifying Appellate Burden and Evidentiary Standards: The Flathead High School Reunion Judgment

Date: Mar 14, 2025
Clarifying Appellate Burden and Evidentiary Standards: The Flathead High School Reunion Judgment Introduction The case of FLATHEAD HIGH SCHOOL CLASS OF 1973 REUNION COMMITTEE v. DEBORA STANDLEY...
Affirming Limits on Postconviction Relief: Analyzing Ineffective Assistance and Evidentiary Discrepancies in Davis v. State

Affirming Limits on Postconviction Relief: Analyzing Ineffective Assistance and Evidentiary Discrepancies in Davis v. State

Date: Mar 14, 2025
Affirming Limits on Postconviction Relief: Analyzing Ineffective Assistance and Evidentiary Discrepancies in Davis v. State Introduction The case of Andre Davis v. State of Delaware presents a...
Establishing Limits on Prosecutorial Impropriety and Evidentiary Reliability: Lessons from STATE OF CONNECTICUT v. RICHARD G. DABATE

Establishing Limits on Prosecutorial Impropriety and Evidentiary Reliability: Lessons from STATE OF CONNECTICUT v. RICHARD G. DABATE

Date: Mar 14, 2025
Establishing Limits on Prosecutorial Impropriety and Evidentiary Reliability: Lessons from STATE OF CONNECTICUT v. RICHARD G. DABATE Introduction This comprehensive commentary examines the Supreme...
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