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  • Commentaries
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state Case Commentaries

The Causal Link Requirement in Deadly Weapon Assaults: A New Precedent in Tennessee

The Causal Link Requirement in Deadly Weapon Assaults: A New Precedent in Tennessee

Date: Mar 11, 2025
The Causal Link Requirement in Deadly Weapon Assaults: A New Precedent in Tennessee Introduction In the landmark case of State of Tennessee v. William Rimmel, III (2025), the Tennessee Supreme Court...
Mandated Local Residency for Municipal Judges: Interpreting "District" in Tennessee’s Constitution

Mandated Local Residency for Municipal Judges: Interpreting "District" in Tennessee’s Constitution

Date: Mar 11, 2025
Mandated Local Residency for Municipal Judges: Interpreting "District" in Tennessee’s Constitution Introduction The Supreme Court of Tennessee’s decision in Robin M. McNabb v. Gregory H. Harrison...
Equitable Abandonment of Restrictive Covenants: Voiding Enforcement in the Face of Pervasive Non-Compliance

Equitable Abandonment of Restrictive Covenants: Voiding Enforcement in the Face of Pervasive Non-Compliance

Date: Mar 11, 2025
Equitable Abandonment of Restrictive Covenants: Voiding Enforcement in the Face of Pervasive Non-Compliance Introduction This commentary examines the seminal decision in Robert and Melissa Hood,...
Clarifying “Occupied” and Digital Evidence Authentication: A Landmark Decision in South Dakota Firearm Cases

Clarifying “Occupied” and Digital Evidence Authentication: A Landmark Decision in South Dakota Firearm Cases

Date: Mar 11, 2025
Clarifying “Occupied” and Digital Evidence Authentication: A Landmark Decision in South Dakota Firearm Cases Introduction In the case of State of South Dakota v. Lydelle Edmond Turner, the Supreme...
Silence Is No Assent: Redefining Acceptance in Employment Arbitration Agreements

Silence Is No Assent: Redefining Acceptance in Employment Arbitration Agreements

Date: Mar 11, 2025
Silence Is No Assent: Redefining Acceptance in Employment Arbitration Agreements Introduction The decision in Nicole Lampo, Petitioner, v. Amedisys Holding, LLC, and Leisa Victoria Neasbitt,...
Equitable Property Distribution in Long-Term Marriages: Inheritance and the Sale of Marital Real Property

Equitable Property Distribution in Long-Term Marriages: Inheritance and the Sale of Marital Real Property

Date: Mar 11, 2025
Equitable Property Distribution in Long-Term Marriages: Inheritance and the Sale of Marital Real Property Introduction This case, Sharon Ceynar, Plaintiff and Appellee v. William Ceynar, Defendant...
Insufficient Forensic Corroboration: Elevating the Burden of Proof in Circumstantial Evidence Cases

Insufficient Forensic Corroboration: Elevating the Burden of Proof in Circumstantial Evidence Cases

Date: Mar 11, 2025
Insufficient Forensic Corroboration: Elevating the Burden of Proof in Circumstantial Evidence Cases Introduction The case of People of the State of New York v. Fabian Coke (2025 N.Y. Slip Op. 1297)...
Time-Barred Fraudulent Conveyances: Establishing Strict Discovery Deadlines in Debtor and Creditor Claims

Time-Barred Fraudulent Conveyances: Establishing Strict Discovery Deadlines in Debtor and Creditor Claims

Date: Mar 11, 2025
Time-Barred Fraudulent Conveyances: Establishing Strict Discovery Deadlines in Debtor and Creditor Claims Introduction The case of In the Matter of Uni-Rty Corporation et al. v. New York Guangdong...
Refining Miranda Custody and Evidentiary Weight in Sexual Abuse Trials

Refining Miranda Custody and Evidentiary Weight in Sexual Abuse Trials

Date: Mar 11, 2025
Refining Miranda Custody and Evidentiary Weight in Sexual Abuse Trials Introduction This commentary examines the Supreme Court of New York, Third Department’s decision in The People of the State of...
Equitable Subrogation and Mortgage Priority: Affirming the Seniority of the NYBDC Mortgage

Equitable Subrogation and Mortgage Priority: Affirming the Seniority of the NYBDC Mortgage

Date: Mar 11, 2025
Equitable Subrogation and Mortgage Priority: Affirming the Seniority of the NYBDC Mortgage Introduction The case of Holtonb, LLC, as Assignee of New York Business Development Corporation, et al.,...
Reaffirmation and Clarification of the Molineux Exception in Domestic Violence Evidence Admissibility

Reaffirmation and Clarification of the Molineux Exception in Domestic Violence Evidence Admissibility

Date: Mar 11, 2025
Reaffirmation and Clarification of the Molineux Exception in Domestic Violence Evidence Admissibility Introduction In the case of The People of the State of New York, Respondent, v. Eric N. Deas,...
Notice of Claim Compliance and Statutory Time-Bar Implications: The Aponte v. Town of Islip Decision

Notice of Claim Compliance and Statutory Time-Bar Implications: The Aponte v. Town of Islip Decision

Date: Mar 11, 2025
Notice of Claim Compliance and Statutory Time-Bar Implications: The Aponte v. Town of Islip Decision Introduction In the recent decision of Nicholas Aponte, Plaintiff-Appellant, v. Town of Islip et...
Clarifying Service Extensions Under CPLR 306-b: Tolling and the Interest of Justice in Medical Malpractice Actions

Clarifying Service Extensions Under CPLR 306-b: Tolling and the Interest of Justice in Medical Malpractice Actions

Date: Mar 11, 2025
Clarifying Service Extensions Under CPLR 306-b: Tolling and the Interest of Justice in Medical Malpractice Actions Introduction The Judgment in Jason Stevens, Respondent, v. CG Ellis Corporation,...
Limited Disclosure of Confidential Reporter Identities: A New Precedent on DFS Mandamus and Prohibition

Limited Disclosure of Confidential Reporter Identities: A New Precedent on DFS Mandamus and Prohibition

Date: Mar 11, 2025
Limited Disclosure of Confidential Reporter Identities: A New Precedent on DFS Mandamus and Prohibition Introduction In the recent decision rendered by the Supreme Court of Nevada on March 6, 2025, a...
Establishing the Balance: Admissibility of Propensity Evidence and Dual-Purpose Forensic Reports in Sexual Assault Trials

Establishing the Balance: Admissibility of Propensity Evidence and Dual-Purpose Forensic Reports in Sexual Assault Trials

Date: Mar 11, 2025
Establishing the Balance: Admissibility of Propensity Evidence and Dual-Purpose Forensic Reports in Sexual Assault Trials Introduction The case of State of Nebraska v. Anthoney E. Swartz presents...
New Precedent: Sua Sponte Judicial Inquiry into Personal Jurisdiction at the Default Judgment Stage

New Precedent: Sua Sponte Judicial Inquiry into Personal Jurisdiction at the Default Judgment Stage

Date: Mar 11, 2025
New Precedent: Sua Sponte Judicial Inquiry into Personal Jurisdiction at the Default Judgment Stage Introduction In the case of Sherrets Bruno & Vogt LLC v. Timothy E. Montoya (318 Neb. 532), the...
Expanding Personal Liability: Binding Corporate Signatures to Individual Guaranty and Arbitration Obligations

Expanding Personal Liability: Binding Corporate Signatures to Individual Guaranty and Arbitration Obligations

Date: Mar 11, 2025
Expanding Personal Liability: Binding Corporate Signatures to Individual Guaranty and Arbitration Obligations Introduction This commentary examines the Supreme Court of Mississippi’s decision in R.K....
Expanding Vicarious Liability: The Distinction Between Release and Covenant Not to Sue Revisited

Expanding Vicarious Liability: The Distinction Between Release and Covenant Not to Sue Revisited

Date: Mar 11, 2025
Expanding Vicarious Liability: The Distinction Between Release and Covenant Not to Sue Revisited Introduction The Judgment in HEATHER MALONE v. CONOR THOMPSON McRELL, ZHETMAN BRIGHTON, LC, and...
Affirming Permissible Jury Deliberation: Clarifying the Role of Judicial Statements in Promoting Juror Discussion

Affirming Permissible Jury Deliberation: Clarifying the Role of Judicial Statements in Promoting Juror Discussion

Date: Mar 11, 2025
Affirming Permissible Jury Deliberation: Clarifying the Role of Judicial Statements in Promoting Juror Discussion Introduction In the recent case of State of Kansas, Appellee, v. Ricky L. Hollins,...
Nunc Pro Tunc Correction: A Precedent for Streamlined Sentencing Error Rectification

Nunc Pro Tunc Correction: A Precedent for Streamlined Sentencing Error Rectification

Date: Mar 11, 2025
Nunc Pro Tunc Correction: A Precedent for Streamlined Sentencing Error Rectification Introduction In the case of State of Kansas, Appellee, v. Ronald Johnson, Appellant, the Kansas Supreme Court...
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