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  • Commentaries
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state Case Commentaries

Certified Attorney Referral Fee Expansion: New Jersey’s New Precedent on Out-of-State Referral Fees

Certified Attorney Referral Fee Expansion: New Jersey’s New Precedent on Out-of-State Referral Fees

Date: Feb 20, 2025
Certified Attorney Referral Fee Expansion: New Jersey’s New Precedent on Out-of-State Referral Fees Introduction The Supreme Court of New Jersey’s recent decision in In re Opinion No. 745 of the...
Recalibrating Credited Time and Treatment Court Violations: A New Precedent on Habeas Corpus Relief

Recalibrating Credited Time and Treatment Court Violations: A New Precedent on Habeas Corpus Relief

Date: Feb 20, 2025
Recalibrating Credited Time and Treatment Court Violations: A New Precedent on Habeas Corpus Relief Introduction The Judgment in the case of Bill B. Bokma v. Bob Olson, Program Administrator,...
Affirming Administrative Discretion in Floodplain Permit Review and Public Participation

Affirming Administrative Discretion in Floodplain Permit Review and Public Participation

Date: Feb 20, 2025
Affirming Administrative Discretion in Floodplain Permit Review and Public Participation Introduction The Supreme Court of Montana recently rendered a pivotal decision in the case of Protect the...
Establishing the Requirement of Devisee Consent and Equitable Estoppel in Estate Claim Extensions

Establishing the Requirement of Devisee Consent and Equitable Estoppel in Estate Claim Extensions

Date: Feb 20, 2025
Establishing the Requirement of Devisee Consent and Equitable Estoppel in Estate Claim Extensions Introduction The Montana Supreme Court’s decision in the matter of the Estate of Warren Dan Eddleman...
The Equivalence of Unsworn Declarations and Affidavits: A New Standard for Summary Judgment in Debt Collection Cases

The Equivalence of Unsworn Declarations and Affidavits: A New Standard for Summary Judgment in Debt Collection Cases

Date: Feb 20, 2025
The Equivalence of Unsworn Declarations and Affidavits: A New Standard for Summary Judgment in Debt Collection Cases Introduction In the case of CB1, d/b/a CBB COLLECTIONS v. Hove, the Supreme Court...
Establishing the Irrevocability of Mandatory Life Imprisonment under Delaware Law

Establishing the Irrevocability of Mandatory Life Imprisonment under Delaware Law

Date: Feb 20, 2025
Establishing the Irrevocability of Mandatory Life Imprisonment under Delaware Law Introduction This commentary examines the Supreme Court of Delaware’s decision in Lawrence B. DICKENS v. STATE of...
Discretionary Equity: Affirming Broad Judicial Latitude in Family Law Decisions

Discretionary Equity: Affirming Broad Judicial Latitude in Family Law Decisions

Date: Feb 20, 2025
Discretionary Equity: Affirming Broad Judicial Latitude in Family Law Decisions Introduction The case of Ryan Amadio v. Tara Amadio (2025 WY 21) presents an appeal arising from a divorce decree that...
Superseded Interim Appointments and the Constitutional Check on Executive Power: A Vermont Precedent

Superseded Interim Appointments and the Constitutional Check on Executive Power: A Vermont Precedent

Date: Feb 20, 2025
Superseded Interim Appointments and the Constitutional Check on Executive Power: A Vermont Precedent Introduction In the case of Richard McCormack & Tanya Vyhovsky v. Phil Scott & Zoie Saunders (2025...
In re Appeal of M.R.: Affirming Parental Notice Sufficiency in Minor Substantiation Proceedings

In re Appeal of M.R.: Affirming Parental Notice Sufficiency in Minor Substantiation Proceedings

Date: Feb 20, 2025
In re Appeal of M.R.: Affirming Parental Notice Sufficiency in Minor Substantiation Proceedings Introduction The recent Supreme Court of Vermont decision in In re Appeal of M.R. establishes an...
Defining "Operational" in BACT: A Texas Judicial Clarification

Defining "Operational" in BACT: A Texas Judicial Clarification

Date: Feb 20, 2025
Defining "Operational" in BACT: A Texas Judicial Clarification Introduction In the case of Port Arthur Community Action Network v. Texas Commission on Environmental Quality; Jon Niermann, in his...
Establishing Source Liability in Defamation: Accountability Beyond Specific Phrase Identification

Establishing Source Liability in Defamation: Accountability Beyond Specific Phrase Identification

Date: Feb 20, 2025
Establishing Source Liability in Defamation: Accountability Beyond Specific Phrase Identification Introduction The Supreme Court of Texas, in its opinion delivered on February 14, 2025, in the case...
Establishing Clear Limits on Joint Trial Interventions and Cross-Examination: Montana Joe Munday v. State

Establishing Clear Limits on Joint Trial Interventions and Cross-Examination: Montana Joe Munday v. State

Date: Feb 20, 2025
Establishing Clear Limits on Joint Trial Interventions and Cross-Examination: Montana Joe Munday v. State Introduction This commentary examines the recent Supreme Court of Nevada decision in MONTANA...
Affirming DUI Accountability: The Whatley Precedent on Evidentiary Sufficiency and Sentencing Discretion

Affirming DUI Accountability: The Whatley Precedent on Evidentiary Sufficiency and Sentencing Discretion

Date: Feb 20, 2025
Affirming DUI Accountability: The Whatley Precedent on Evidentiary Sufficiency and Sentencing Discretion Introduction The case of Gerald Lee Whatley, Jr. v. The State of Nevada, decided on February...
Finality in Probate Settlement Orders and Appellate Jurisdiction Over Personal Representative Fee Motions

Finality in Probate Settlement Orders and Appellate Jurisdiction Over Personal Representative Fee Motions

Date: Feb 20, 2025
Finality in Probate Settlement Orders and Appellate Jurisdiction Over Personal Representative Fee Motions Introduction The case, In re Estate of Raymond A. Guenther, Jr., deceased. v. Raymond A....
Commencing Actions Against Deceased Parties: Limits on Revivor and the Nullity of Inceptive Complaints

Commencing Actions Against Deceased Parties: Limits on Revivor and the Nullity of Inceptive Complaints

Date: Feb 20, 2025
Commencing Actions Against Deceased Parties: Limits on Revivor and the Nullity of Inceptive Complaints Introduction The case of Nancy Johnson and Arld Johnson v. Giulia Antoniutti, Special...
Revisiting 'Particular Injury' and Jury Discretion in General Damages: Establishing a Two-Step Analytical Framework in Louisiana Law

Revisiting 'Particular Injury' and Jury Discretion in General Damages: Establishing a Two-Step Analytical Framework in Louisiana Law

Date: Feb 20, 2025
Revisiting 'Particular Injury' and Jury Discretion in General Damages: Establishing a Two-Step Analytical Framework in Louisiana Law Introduction In the landmark decision of BARBER BROTHERS...
Clarifying “Actual Innocence”: Statutory Elements Versus Charging Document in Wrongful Conviction Claims

Clarifying “Actual Innocence”: Statutory Elements Versus Charging Document in Wrongful Conviction Claims

Date: Feb 20, 2025
Clarifying “Actual Innocence”: Statutory Elements Versus Charging Document in Wrongful Conviction Claims Introduction The Supreme Court of Kansas recently addressed a pivotal issue in the realm of...
Immunity Supersedes Perjury Risks: Redefining the Scope of the Fifth Amendment Privilege

Immunity Supersedes Perjury Risks: Redefining the Scope of the Fifth Amendment Privilege

Date: Feb 20, 2025
Immunity Supersedes Perjury Risks: Redefining the Scope of the Fifth Amendment Privilege Introduction The case of State of Kansas, Appellant, v. Christopher Shawn Adams, Appellee presents a critical...
Excluding Unconstitutional Convictions from Criminal History Scores: Implications from State of Kansas v. Robert Edward Smith

Excluding Unconstitutional Convictions from Criminal History Scores: Implications from State of Kansas v. Robert Edward Smith

Date: Feb 20, 2025
Excluding Unconstitutional Convictions from Criminal History Scores: Implications from State of Kansas v. Robert Edward Smith Introduction The Kansas Supreme Court’s decision in State of Kansas,...
Distinguishing Confidentiality in Appointment Processes: New Precedent on the Iowa Open Records Act

Distinguishing Confidentiality in Appointment Processes: New Precedent on the Iowa Open Records Act

Date: Feb 20, 2025
Distinguishing Confidentiality in Appointment Processes: New Precedent on the Iowa Open Records Act Introduction The case of Allen Diercks and Diane Holst v. Scott County, Iowa and Kerri Tompkins...
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