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  • Commentaries
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state Case Commentaries

Defining “Compensation” in Workers’ Compensation Law: Excluding Industrial Disability Leave from the 50% Premium Calculation

Defining “Compensation” in Workers’ Compensation Law: Excluding Industrial Disability Leave from the 50% Premium Calculation

Date: Feb 25, 2025
Defining “Compensation” in Workers’ Compensation Law: Excluding Industrial Disability Leave from the 50% Premium Calculation Introduction The Judgment in Department of Corrections and Rehabilitation...
Affirming Operational Decision-Making and Discretionary Immunity in Probation Supervision

Affirming Operational Decision-Making and Discretionary Immunity in Probation Supervision

Date: Feb 25, 2025
Affirming Operational Decision-Making and Discretionary Immunity in Probation Supervision Introduction In the case of Deanna Smith v. State of Alaska, Department of Corrections, the Alaska Supreme...
Establishing Offsets Against Child Support for Attorney Fee Debts: A New Precedent in Alaska

Establishing Offsets Against Child Support for Attorney Fee Debts: A New Precedent in Alaska

Date: Feb 25, 2025
Establishing Offsets Against Child Support for Attorney Fee Debts: A New Precedent in Alaska Introduction In the recent case of Robert Wills v. Aniela Humphries (formerly known as Aniela Whah-Wills),...
Inclusion of Prior PSI Information: Affirming Judicial Discretion in Presentence Investigations

Inclusion of Prior PSI Information: Affirming Judicial Discretion in Presentence Investigations

Date: Feb 23, 2025
Inclusion of Prior PSI Information: Affirming Judicial Discretion in Presentence Investigations Introduction The case of Cameron Curtis Hagen v. The State of Wyoming (2025 WY 22) presents a dispute...
Defining "Deadly Weapon": Establishing Bleach as an Instrument of Aggravated Assault and Battery

Defining "Deadly Weapon": Establishing Bleach as an Instrument of Aggravated Assault and Battery

Date: Feb 23, 2025
Defining "Deadly Weapon": Establishing Bleach as an Instrument of Aggravated Assault and Battery Introduction The case of Glenn Tyrone Green v. The State of Wyoming (2025 WY 20) involves a defendant,...
Establishing the Necessity of Demonstrable Personal Injury for Standing in Election Law Appeals

Establishing the Necessity of Demonstrable Personal Injury for Standing in Election Law Appeals

Date: Feb 23, 2025
Establishing the Necessity of Demonstrable Personal Injury for Standing in Election Law Appeals Introduction In the case of Kenneth Brown v. Wisconsin Elections Commission (2025 WI 5), the Supreme...
New Precedent in Attorney Trust Fund Mismanagement: The In re Blincow, Jr. Judgment

New Precedent in Attorney Trust Fund Mismanagement: The In re Blincow, Jr. Judgment

Date: Feb 23, 2025
New Precedent in Attorney Trust Fund Mismanagement: The In re Blincow, Jr. Judgment Introduction The Supreme Court of South Carolina rendered a landmark decision in the matter of John Keith Blincow,...
Reaffirming the Prima Facie Standard: New Precedents in Unsworn Falsification and Evidence Tampering

Reaffirming the Prima Facie Standard: New Precedents in Unsworn Falsification and Evidence Tampering

Date: Feb 23, 2025
Reaffirming the Prima Facie Standard: New Precedents in Unsworn Falsification and Evidence Tampering Introduction The case of Commonwealth of Pennsylvania v. Nathaniel Williams represents a...
No Equitable Exception: Upholding the PCRA's Jurisdictional Time-Bar Against IAC and Treaty Claims

No Equitable Exception: Upholding the PCRA's Jurisdictional Time-Bar Against IAC and Treaty Claims

Date: Feb 23, 2025
No Equitable Exception: Upholding the PCRA's Jurisdictional Time-Bar Against IAC and Treaty Claims Introduction The present Judgment in Commonwealth of Pennsylvania v. Richard Roland Laird, decided...
Mandamus and Statutory Damages in Public Records Requests: Clarifying Mootness and Timeliness

Mandamus and Statutory Damages in Public Records Requests: Clarifying Mootness and Timeliness

Date: Feb 23, 2025
Mandamus and Statutory Damages in Public Records Requests: Clarifying Mootness and Timeliness Introduction The case of The State ex rel. Anderson v. Wilson et al. (2025 Ohio 493) presents a...
Enhanced Disciplinary Framework for Attorney Resignation with Discipline Pending in Ohio

Enhanced Disciplinary Framework for Attorney Resignation with Discipline Pending in Ohio

Date: Feb 23, 2025
Enhanced Disciplinary Framework for Attorney Resignation with Discipline Pending in Ohio Introduction The case “In re Resignation of Stenson” (2025 Ohio 492) presents a pivotal development in the...
Resignation Acceptance with Pending Discipline: A New Precedent in Attorney Practice Regulation

Resignation Acceptance with Pending Discipline: A New Precedent in Attorney Practice Regulation

Date: Feb 23, 2025
Resignation Acceptance with Pending Discipline: A New Precedent in Attorney Practice Regulation Introduction The Judgment in In re Resignation of Mangan (2025 Ohio 491) establishes a significant new...
Enhanced Factual Pleading Requirements in Negligence Claims Against Educational Institutions

Enhanced Factual Pleading Requirements in Negligence Claims Against Educational Institutions

Date: Feb 23, 2025
Enhanced Factual Pleading Requirements in Negligence Claims Against Educational Institutions Introduction In the case of John Doe v. Educational Institute Oholei Torah and Central Yeshiva Tomchei...
New Precedent on Redemption Rights and Constitutional Takings in Tax Lien Sales

New Precedent on Redemption Rights and Constitutional Takings in Tax Lien Sales

Date: Feb 23, 2025
New Precedent on Redemption Rights and Constitutional Takings in Tax Lien Sales Introduction This commentary examines the recent decision in County Acquisitions, LLC v. Katherine Lanser, 2025 N.Y....
Legal Malpractice and the Summary Judgment Burden: Lessons from Kliger-Weiss Infosystems, Inc. v. Ruskin Moscou Faltischek, P.C.

Legal Malpractice and the Summary Judgment Burden: Lessons from Kliger-Weiss Infosystems, Inc. v. Ruskin Moscou Faltischek, P.C.

Date: Feb 23, 2025
Legal Malpractice and the Summary Judgment Burden: Lessons from Kliger-Weiss Infosystems, Inc. v. Ruskin Moscou Faltischek, P.C. Introduction The case of Kliger-Weiss Infosystems, Inc. v. Ruskin...
Establishing Clear Liability for Failure to Yield: A New Precedent on Summary Judgment and Comparative Negligence in Pedestrian Injury Cases

Establishing Clear Liability for Failure to Yield: A New Precedent on Summary Judgment and Comparative Negligence in Pedestrian Injury Cases

Date: Feb 23, 2025
Establishing Clear Liability for Failure to Yield: A New Precedent on Summary Judgment and Comparative Negligence in Pedestrian Injury Cases Introduction The case of Umar Farooq v. Uber USA, LLC, et...
New Precedent on Procedural Flexibility: Extensions of Time in New York Civil Practice

New Precedent on Procedural Flexibility: Extensions of Time in New York Civil Practice

Date: Feb 23, 2025
New Precedent on Procedural Flexibility: Extensions of Time in New York Civil Practice Introduction The judgment titled “In the Matter of Applications for Extensions of Time (2025 N.Y. Slip Op....
Establishing a New Standard for Termination of Parental Rights: Ensuring Diligent Efforts and the Child’s Best Interests

Establishing a New Standard for Termination of Parental Rights: Ensuring Diligent Efforts and the Child’s Best Interests

Date: Feb 23, 2025
Establishing a New Standard for Termination of Parental Rights: Ensuring Diligent Efforts and the Child’s Best Interests Introduction In the case before the Supreme Court of New York, Second...
Establishing Timely Filing Mandates: New Limitations on Breach of Fiduciary Duty Claims in Healthcare Integrations

Establishing Timely Filing Mandates: New Limitations on Breach of Fiduciary Duty Claims in Healthcare Integrations

Date: Feb 23, 2025
Establishing Timely Filing Mandates: New Limitations on Breach of Fiduciary Duty Claims in Healthcare Integrations Introduction The judgment in John Berejka, etc. v. Huntington Medical Group, P.C.,...
Clarifying Third-Party Liability Under CPLR 3211(a)(7): Requisites for Indemnification and Contribution Claims

Clarifying Third-Party Liability Under CPLR 3211(a)(7): Requisites for Indemnification and Contribution Claims

Date: Feb 23, 2025
Clarifying Third-Party Liability Under CPLR 3211(a)(7): Requisites for Indemnification and Contribution Claims Introduction The judgment in the case of 25-86 41st Street, LLC v. Brian Chong; Reich &...
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