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  • Commentaries
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state Case Commentaries

Shift-Differential & Premium Pay as “Earnable Compensation” under the South Carolina Retirement System:  A Commentary on William M. Luce v. Lexington County Health Services District, Inc.

Shift-Differential & Premium Pay as “Earnable Compensation” under the South Carolina Retirement System: A Commentary on William M. Luce v. Lexington County Health Services District, Inc.

Date: Aug 13, 2025
Shift-Differential & Premium Pay Are “Earnable Compensation” under the South Carolina Retirement System Introduction In William M. Luce v. Lexington County Health Services District, Inc., the Supreme...
“Maturity Means Due”: The Wyoming Supreme Court’s Definitive Test for Shareholder Promissory Notes in Aristatek, Inc. v. Sheesley (2025 WY 89)

“Maturity Means Due”: The Wyoming Supreme Court’s Definitive Test for Shareholder Promissory Notes in Aristatek, Inc. v. Sheesley (2025 WY 89)

Date: Aug 13, 2025
“Maturity Means Due”: The Wyoming Supreme Court’s Definitive Test for Shareholder Promissory Notes Aristatek, Inc. v. Sheesley, 2025 WY 89 (Wyo. Aug. 6, 2025) 1. Introduction The consolidated appeal...
“Maturity-Date Rules Supreme”: Wyoming Clarifies that Fixed-Term Promissory Notes Are Payable at Expiration Without a Separate “On-Demand” Clause

“Maturity-Date Rules Supreme”: Wyoming Clarifies that Fixed-Term Promissory Notes Are Payable at Expiration Without a Separate “On-Demand” Clause

Date: Aug 13, 2025
“Maturity-Date Rules Supreme”: Wyoming Clarifies that Fixed-Term Promissory Notes Are Payable at Expiration Without a Separate “On-Demand” Clause Introduction The consolidated appeal of Jeffry v....
When Maturity Means Payable: Wyoming Supreme Court Clarifies the Status of Shareholder Promissory Notes and Rejects Re-Characterisation as Capital Contributions

When Maturity Means Payable: Wyoming Supreme Court Clarifies the Status of Shareholder Promissory Notes and Rejects Re-Characterisation as Capital Contributions

Date: Aug 13, 2025
When Maturity Means Payable: Wyoming Supreme Court Clarifies the Status of Shareholder Promissory Notes and Rejects Re-Characterisation as Capital Contributions 1. Introduction In Samuel Bruce King...
“Knowingly” Re-defined: Fitzwater v. State of Wyoming and the Duty to Disclose Household Members & Joint Assets in Welfare Applications

“Knowingly” Re-defined: Fitzwater v. State of Wyoming and the Duty to Disclose Household Members & Joint Assets in Welfare Applications

Date: Aug 13, 2025
“Knowingly” Re-defined: Fitzwater v. State of Wyoming and the Duty to Disclose Household Members & Joint Assets in Welfare Applications Introduction Sarah Renee Fitzwater appealed her 18 felony...
“No Lay Representation & No Straw-Man”:  Skurdal v. Walker and the Supreme Court of Montana’s Firm Reaffirmation of Judicial Immunity and Rejection of Sovereign-Citizen Arguments

“No Lay Representation & No Straw-Man”: Skurdal v. Walker and the Supreme Court of Montana’s Firm Reaffirmation of Judicial Immunity and Rejection of Sovereign-Citizen Arguments

Date: Aug 13, 2025
“No Lay Representation & No Straw-Man”: Skurdal v. Walker and the Supreme Court of Montana’s Firm Reaffirmation of Judicial Immunity and Rejection of Sovereign-Citizen Arguments 1. Introduction In R....
“Only the Named Insured May Exhaust the SIR” – Delaware Supreme Court’s Definitive Guidance in In Re Aearo Technologies LLC Insurance Appeals

“Only the Named Insured May Exhaust the SIR” – Delaware Supreme Court’s Definitive Guidance in In Re Aearo Technologies LLC Insurance Appeals

Date: Aug 13, 2025
“Only the Named Insured May Exhaust the SIR” – Delaware Supreme Court’s Definitive Guidance in In Re Aearo Technologies LLC Insurance Appeals 1. Introduction The Supreme Court of Delaware, sitting en...
Zimmer v. Nichols: Delineating Temporal Boundaries for Equitable Fee-Shifting in Delaware Family Litigation

Zimmer v. Nichols: Delineating Temporal Boundaries for Equitable Fee-Shifting in Delaware Family Litigation

Date: Aug 12, 2025
Zimmer v. Nichols: Delineating Temporal Boundaries for Equitable Fee-Shifting in Delaware Family Litigation Introduction Zimmer v. Nichols, decided by the Supreme Court of Delaware on 11 August 2025,...
Stevens v. State: Expert Testimony as a Sufficient Foundation for LC-MS/MS Blood-Toxicology Evidence

Stevens v. State: Expert Testimony as a Sufficient Foundation for LC-MS/MS Blood-Toxicology Evidence

Date: Aug 12, 2025
Stevens v. State: Expert Testimony as a Sufficient Foundation for LC-MS/MS Blood-Toxicology Evidence Introduction In Stevens v. State, the Supreme Court of Delaware addressed whether the State must...
The “Brewster Rule”: Exceptions Remain a Mandatory Prerequisite to Appellate Review After the 2024 Amendments to Court of Chancery Rule 144

The “Brewster Rule”: Exceptions Remain a Mandatory Prerequisite to Appellate Review After the 2024 Amendments to Court of Chancery Rule 144

Date: Aug 9, 2025
The “Brewster Rule”: Exceptions Remain a Mandatory Prerequisite to Appellate Review After the 2024 Amendments to Court of Chancery Rule 144 1. Introduction In In the Matter of Rolf D. Brewster, a...
People v. Goberdhan: VTL § 600 Applies Off‑Highway; Use of Juror Numbers/Initials Is Not a Mode‑of‑Proceedings Error Absent Objection

People v. Goberdhan: VTL § 600 Applies Off‑Highway; Use of Juror Numbers/Initials Is Not a Mode‑of‑Proceedings Error Absent Objection

Date: Aug 8, 2025
People v. Goberdhan: VTL § 600 Applies Off‑Highway; Use of Juror Numbers/Initials Is Not a Mode‑of‑Proceedings Error Absent Objection Introduction This commentary examines the Appellate Division,...
People v. Reinfurt: Marijuana Legalization Does Not Retroactively Nullify Prior Out‑of‑State Marijuana Convictions for Second Felony Offender Status; Attempted Felony Assault under PL 120.10(4) Is Not Cognizable

People v. Reinfurt: Marijuana Legalization Does Not Retroactively Nullify Prior Out‑of‑State Marijuana Convictions for Second Felony Offender Status; Attempted Felony Assault under PL 120.10(4) Is Not Cognizable

Date: Aug 8, 2025
People v. Reinfurt: Marijuana Legalization Does Not Retroactively Nullify Prior Out‑of‑State Marijuana Convictions for Second Felony Offender Status; Attempted Felony Assault under PL 120.10(4) Is...
Reaffirming the One-Continuous-Transaction Doctrine and the M’Naghten Insanity Standard in Capital Cases: Commentary on Martez Abram v. State of Mississippi (2025)

Reaffirming the One-Continuous-Transaction Doctrine and the M’Naghten Insanity Standard in Capital Cases: Commentary on Martez Abram v. State of Mississippi (2025)

Date: Aug 8, 2025
Reaffirming the One-Continuous-Transaction Doctrine and the M’Naghten Insanity Standard in Capital Cases Comprehensive Commentary on Martez Abram a/k/a Martez Tarrell Abram v. State of Mississippi,...
Post‑Commencement CARES Act Stimulus Is Separate Property and Not Child Support: Commentary on Ricky SS. v. Christine SS. (2025 NY Slip Op 04602)

Post‑Commencement CARES Act Stimulus Is Separate Property and Not Child Support: Commentary on Ricky SS. v. Christine SS. (2025 NY Slip Op 04602)

Date: Aug 8, 2025
Post‑Commencement CARES Act Stimulus Is Separate Property and Not Child Support: The Third Department’s Clarification in Ricky SS. v. Christine SS. Case: Ricky SS. v. Christine SS. (2025 NY Slip Op...
Covenant Not to Execute ≠ Release: First Department Adopts Majority Rule Preserving Insurer’s Indemnity Exposure After Consent Judgment with Assignment

Covenant Not to Execute ≠ Release: First Department Adopts Majority Rule Preserving Insurer’s Indemnity Exposure After Consent Judgment with Assignment

Date: Aug 8, 2025
Covenant Not to Execute ≠ Release: First Department Adopts Majority Rule Preserving Insurer’s Indemnity Exposure After Consent Judgment with Assignment Introduction In Geiger v. Hudson Excess...
Mere-Continuation Successor Liability Can Reach Multiple Asset Purchasers at the Pleading Stage: Commentary on Avamer 57 Fee LLC v. Hunter Boot USA LLC (2025 NY Slip Op 04607)

Mere-Continuation Successor Liability Can Reach Multiple Asset Purchasers at the Pleading Stage: Commentary on Avamer 57 Fee LLC v. Hunter Boot USA LLC (2025 NY Slip Op 04607)

Date: Aug 8, 2025
Mere-Continuation Successor Liability Can Reach Multiple Asset Purchasers at the Pleading Stage Commentary on Avamer 57 Fee LLC v. Hunter Boot USA LLC (App Div, 1st Dept, Aug. 7, 2025) Executive...

        Streamlining the “Vexatious Litigator” Designation in Ohio:
        An Analysis of the Supreme Court’s 08 / 05 / 2025 Case Announcements (2025-Ohio-2749)

Streamlining the “Vexatious Litigator” Designation in Ohio: An Analysis of the Supreme Court’s 08 / 05 / 2025 Case Announcements (2025-Ohio-2749)

Date: Aug 7, 2025
Streamlining the “Vexatious Litigator” Designation in Ohio: An Analysis of the Supreme Court’s 08 / 05 / 2025 Case Announcements (2025-Ohio-2749) Introduction The Supreme Court of Ohio’s Case...
State v. Rushing (2025): Clarifying Fundamental-Error Review for Visible Restraints in Capital Sentencing

State v. Rushing (2025): Clarifying Fundamental-Error Review for Visible Restraints in Capital Sentencing

Date: Aug 7, 2025
State v. Rushing (2025): Clarifying Fundamental-Error Review for Visible Restraints in Capital Sentencing Introduction State of Arizona v. Jasper Phillip Rushing is the Arizona Supreme Court’s most...
Voluntary Dismissal No Longer a “Failure”: Wyoming Supreme Court Narrows the Savings Statute in Ellis v. Hiser (2025 WY 87)

Voluntary Dismissal No Longer a “Failure”: Wyoming Supreme Court Narrows the Savings Statute in Ellis v. Hiser (2025 WY 87)

Date: Aug 7, 2025
Voluntary Dismissal No Longer a “Failure”: Wyoming Supreme Court Narrows the Savings Statute in Ellis v. Hiser (2025 WY 87) Dianna Ellis, as Wrongful Death Representative for the Estate of Burke...
“No-Waiver Veto”: The Supreme Court of Montana Affirms an Absolute Parental Veto over ICWA Transfer Requests

“No-Waiver Veto”: The Supreme Court of Montana Affirms an Absolute Parental Veto over ICWA Transfer Requests

Date: Aug 7, 2025
“No-Waiver Veto”: The Supreme Court of Montana Affirms an Absolute Parental Veto over ICWA Transfer Requests Introduction In Matter of J.B., YINC, 2025 MT 170 (DA 24-0516), the Supreme Court of...
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