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  • Commentaries
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state Case Commentaries

Public Employee Conduct in Public Events: Clarifying Privacy Limits and PRA Disclosure Standards

Public Employee Conduct in Public Events: Clarifying Privacy Limits and PRA Disclosure Standards

Date: Feb 19, 2025
Public Employee Conduct in Public Events: Clarifying Privacy Limits and PRA Disclosure Standards Introduction This Judgment, rendered by the Supreme Court of Washington on February 13, 2025,...
Clarifying Appellate Deference and Sufficiency of Evidence: A New Standard in Evaluating Circumstantial Cases

Clarifying Appellate Deference and Sufficiency of Evidence: A New Standard in Evaluating Circumstantial Cases

Date: Feb 19, 2025
Clarifying Appellate Deference and Sufficiency of Evidence: A New Standard in Evaluating Circumstantial Cases Introduction In the case of Sh'Kise Fazion Cappe v. Commonwealth of Virginia, the Supreme...
Refining Judicial Admissions: Clarifying Causation and Liability in Personal Injury Cases

Refining Judicial Admissions: Clarifying Causation and Liability in Personal Injury Cases

Date: Feb 19, 2025
Refining Judicial Admissions: Clarifying Causation and Liability in Personal Injury Cases Introduction The case of Breyanna Geerdes v. Denise Likness, adjudicated by the Supreme Court of South Dakota...
Establishing Appellate Jurisdiction and Procedural Notice Requirements in Agricultural Lease Disputes: A Landmark Decision

Establishing Appellate Jurisdiction and Procedural Notice Requirements in Agricultural Lease Disputes: A Landmark Decision

Date: Feb 19, 2025
Establishing Appellate Jurisdiction and Procedural Notice Requirements in Agricultural Lease Disputes: A Landmark Decision Introduction The Supreme Court of South Dakota’s decision in "RONALD STOCK...
Extraordinary Relief in Probate Distributions: Reassessing Attorney Fiduciary Obligations Under Rule 60(b)(6)

Extraordinary Relief in Probate Distributions: Reassessing Attorney Fiduciary Obligations Under Rule 60(b)(6)

Date: Feb 19, 2025
Extraordinary Relief in Probate Distributions: Reassessing Attorney Fiduciary Obligations Under Rule 60(b)(6) Introduction In this case, the Supreme Court of South Dakota considered an appeal...
Limiting Variance Grants: Ensuring Compliance with Statutory and Ordinance Requirements

Limiting Variance Grants: Ensuring Compliance with Statutory and Ordinance Requirements

Date: Feb 19, 2025
Limiting Variance Grants: Ensuring Compliance with Statutory and Ordinance Requirements Introduction In the case of GREG DECRAMER and PATRICIA DECRAMER v. ROD DORALE and MCCOOK COUNTY BOARD OF...
Clarifying Reemployment Assistance Liability: Redefining Employee vs. Independent Contractor Status Under SDCL 61-1-11

Clarifying Reemployment Assistance Liability: Redefining Employee vs. Independent Contractor Status Under SDCL 61-1-11

Date: Feb 19, 2025
Clarifying Reemployment Assistance Liability: Redefining Employee vs. Independent Contractor Status Under SDCL 61-1-11 Introduction The case of Black Hills Adventure Lodging, LLC v. South Dakota...
Prejudgment Interest and Constitutional Claims: A New Precedent on the Separation of Powers in COLA Disputes

Prejudgment Interest and Constitutional Claims: A New Precedent on the Separation of Powers in COLA Disputes

Date: Feb 19, 2025
Prejudgment Interest and Constitutional Claims: A New Precedent on the Separation of Powers in COLA Disputes Introduction The case of Manuel Andrews, Jr., et al. v. James J. Lombardi, in his capacity...
Establishing Jurisdiction in Sexual Offender Registration Appeals – A New Precedent on Superior Court Review

Establishing Jurisdiction in Sexual Offender Registration Appeals – A New Precedent on Superior Court Review

Date: Feb 19, 2025
Establishing Jurisdiction in Sexual Offender Registration Appeals – A New Precedent on Superior Court Review Introduction The case of Rhode Island Department of Attorney General v. Brian Smith...
Prospective Enforcement of Appellate Mandates: Limiting Retroactive Relief in the Medicare Ordinance Context

Prospective Enforcement of Appellate Mandates: Limiting Retroactive Relief in the Medicare Ordinance Context

Date: Feb 19, 2025
Prospective Enforcement of Appellate Mandates: Limiting Retroactive Relief in the Medicare Ordinance Context Introduction The judgment in Manuel Andrews, Jr., et al. v. James J. Lombardi, in his...
Redistribution of Trust Assets Proportionate to Specific Distributions: A New Precedent in Trust Interpretation

Redistribution of Trust Assets Proportionate to Specific Distributions: A New Precedent in Trust Interpretation

Date: Feb 19, 2025
Redistribution of Trust Assets Proportionate to Specific Distributions: A New Precedent in Trust Interpretation Introduction This commentary examines the recent decision in the case of In the Matter...
Reaffirming the Burden of Proof in Ineffective Assistance Claims: The Cory Allen Almklov Precedent

Reaffirming the Burden of Proof in Ineffective Assistance Claims: The Cory Allen Almklov Precedent

Date: Feb 19, 2025
Reaffirming the Burden of Proof in Ineffective Assistance Claims: The Cory Allen Almklov Precedent Introduction In the case of Cory Allen Almklov v. State (2025 N.D. 27), the Supreme Court of North...
Affirming Active Efforts under ICWA: A New Standard in Termination of Parental Rights

Affirming Active Efforts under ICWA: A New Standard in Termination of Parental Rights

Date: Feb 19, 2025
Affirming Active Efforts under ICWA: A New Standard in Termination of Parental Rights Introduction The Judgment in In the Interest of B.V., a child v. B.V., a child; L.T., mother represents a...
Clarifying Equitable Distribution and Spousal Support in Domestic Violence Context: The Walden Precedent

Clarifying Equitable Distribution and Spousal Support in Domestic Violence Context: The Walden Precedent

Date: Feb 19, 2025
Clarifying Equitable Distribution and Spousal Support in Domestic Violence Context: The Walden Precedent Introduction The case of Kristine Gail Walden v. Shay Alan Walden, decided on February 13,...
Refining the Standard for Ineffective Assistance and Hearsay in Child Sexual Abuse Cases: Edwards v. State

Refining the Standard for Ineffective Assistance and Hearsay in Child Sexual Abuse Cases: Edwards v. State

Date: Feb 19, 2025
Refining the Standard for Ineffective Assistance and Hearsay in Child Sexual Abuse Cases: Edwards v. State Introduction The case of Coby Edwards, Petitioner and Appellant v. State of North Dakota,...
New Precedent: Rescission Rights Under N.D.C.C. § 14-01-02 for Contracts Executed Prior to Judicial Determination of Incapacity

New Precedent: Rescission Rights Under N.D.C.C. § 14-01-02 for Contracts Executed Prior to Judicial Determination of Incapacity

Date: Feb 19, 2025
New Precedent: Rescission Rights Under N.D.C.C. § 14-01-02 for Contracts Executed Prior to Judicial Determination of Incapacity Introduction The case of Jared Peterka, Plaintiff and Appellant, v....
Establishing Rigorous Findings for Upward Deviations in Child Support: Recurring Capital Gains, Trust Income, and Expert Evidence

Establishing Rigorous Findings for Upward Deviations in Child Support: Recurring Capital Gains, Trust Income, and Expert Evidence

Date: Feb 19, 2025
Establishing Rigorous Findings for Upward Deviations in Child Support: Recurring Capital Gains, Trust Income, and Expert Evidence Introduction In the case of Brett Michael Kingstone v. Trisa Ranae...
Clarifying the Role of Reliable Financial Evidence in Child Support Modifications: A Commentary on State v. Carrier

Clarifying the Role of Reliable Financial Evidence in Child Support Modifications: A Commentary on State v. Carrier

Date: Feb 19, 2025
Clarifying the Role of Reliable Financial Evidence in Child Support Modifications: A Commentary on State v. Carrier Introduction This commentary examines the recent decision in State of North Dakota,...
“The 20-Minute Test Rule”: A New Benchmark for Fair Administration of Intoxilyzer Breath Tests

“The 20-Minute Test Rule”: A New Benchmark for Fair Administration of Intoxilyzer Breath Tests

Date: Feb 19, 2025
“The 20-Minute Test Rule”: A New Benchmark for Fair Administration of Intoxilyzer Breath Tests Introduction In the case of Cailin Leann Gackle v. North Dakota Department of Transportation (2025 N.D....
Reaffirming Dissenting Shareholders' Payment Rights: A Landmark Interpretation of N.D.C.C. § 10-19.1-88

Reaffirming Dissenting Shareholders' Payment Rights: A Landmark Interpretation of N.D.C.C. § 10-19.1-88

Date: Feb 19, 2025
Reaffirming Dissenting Shareholders' Payment Rights: A Landmark Interpretation of N.D.C.C. § 10-19.1-88 Introduction The case of Michael Bullinger, Plaintiff and Appellant v. Sundog Interactive,...
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