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  • Commentaries
  • Judgments

state Case Commentaries

Kansas Supreme Court Clarifies Pleading and Proof Burdens for Postconviction DNA Testing: Petitioner Must Allege and, If Disputed, Prove Existence of Biological Material Under K.S.A. 21-2512

Kansas Supreme Court Clarifies Pleading and Proof Burdens for Postconviction DNA Testing: Petitioner Must Allege and, If Disputed, Prove Existence of Biological Material Under K.S.A. 21-2512

Date: May 24, 2025
Kansas Supreme Court Clarifies Pleading and Proof Burdens for Postconviction DNA Testing: Petitioner Must Allege and, If Disputed, Prove Existence of Biological Material Under K.S.A. 21-2512 Case:...
State v. Boatwright: When Accomplice Instructions Are Unnecessary and Prosecutorial Remarks Must Be Read in Context

State v. Boatwright: When Accomplice Instructions Are Unnecessary and Prosecutorial Remarks Must Be Read in Context

Date: May 24, 2025
State v. Boatwright: When Accomplice Instructions Are Unnecessary and Prosecutorial Remarks Must Be Read in Context Introduction In State v. Boatwright, No. 125,851 (Kan. May 23, 2025), the Supreme...
Systems-Based Hospital Policies and the Lenent Expert Report Standard Under the TMLA: Commentary on Bush v. Columbia Medical Center of Arlington

Systems-Based Hospital Policies and the Lenent Expert Report Standard Under the TMLA: Commentary on Bush v. Columbia Medical Center of Arlington

Date: May 24, 2025
Systems-Based Hospital Policies and the Lenient Expert Report Standard Under the TMLA: Commentary on Bush v. Columbia Medical Center of Arlington Subsidiary, L.P. I. Introduction In Jared Bush, Jr....
Storms, Speculation, and But‑For Causation: The Texas Supreme Court’s Strict Causation Standard in Tenaris Bay City Inc. v. Ellisor

Storms, Speculation, and But‑For Causation: The Texas Supreme Court’s Strict Causation Standard in Tenaris Bay City Inc. v. Ellisor

Date: May 24, 2025
Storms, Speculation, and But‑For Causation: The Texas Supreme Court’s Strict Causation Standard in Tenaris Bay City Inc. v. Ellisor I. Introduction In Tenaris Bay City Inc. v. Ellisor, the Supreme...
Public Official Immunity Does Not Extend to University Administrators: Hwang v. Cairns

Public Official Immunity Does Not Extend to University Administrators: Hwang v. Cairns

Date: May 24, 2025
Public Official Immunity Does Not Extend to University Administrators: Hwang v. Cairns Introduction Hwang v. Cairns is a landmark decision by the Supreme Court of North Carolina, filed on May 23,...
Establishing Debt-Collection Proof: Alaska Supreme Court’s Portfolio Recovery Decision

Establishing Debt-Collection Proof: Alaska Supreme Court’s Portfolio Recovery Decision

Date: May 24, 2025
Establishing Debt-Collection Proof: Alaska Supreme Court’s Portfolio Recovery Decision Introduction In May 2025, the Alaska Supreme Court consolidated three appeals arising from related suits brought...
Due Process in NRD Adjudications: Presumption of Impartiality and Procedural Safeguards

Due Process in NRD Adjudications: Presumption of Impartiality and Procedural Safeguards

Date: May 24, 2025
Due Process in NRD Adjudications: Presumption of Impartiality and Procedural Safeguards Introduction Hauxwell v. Middle Republican NRD, 319 Neb. 1 (2025), is a landmark decision of the Nebraska...
Clarifying Adverseness and Scope in Prescriptive Easements: Agricultural and Recreational Access

Clarifying Adverseness and Scope in Prescriptive Easements: Agricultural and Recreational Access

Date: May 24, 2025
Clarifying Adverseness and Scope in Prescriptive Easements: Agricultural and Recreational Access Introduction In Fey v. Olson, 319 Neb. 45 (May 23, 2025), the Nebraska Supreme Court resolved a...
Defense Counsel’s Silence Not “Good Cause”: Clarifying Iowa Code § 668.11 Deadlines

Defense Counsel’s Silence Not “Good Cause”: Clarifying Iowa Code § 668.11 Deadlines

Date: May 24, 2025
Defense Counsel’s Silence Not “Good Cause”: Clarifying Iowa Code § 668.11 Deadlines Introduction This commentary examines the Iowa Supreme Court’s decision in Douglas Wilson and Jane Wilson v....
Negligence Per Se Within the Texas Tort Claims Act’s Waiver of Immunity: Commentary on City of Houston v. Manning

Negligence Per Se Within the Texas Tort Claims Act’s Waiver of Immunity: Commentary on City of Houston v. Manning

Date: May 24, 2025
Negligence Per Se Within the Texas Tort Claims Act’s Waiver of Immunity: A Commentary on City of Houston v. Manning, Supreme Court of Texas (May 23, 2025) I. Introduction The Supreme Court of Texas’s...
Validation of Mid-Deliberation Juror Substitution in North Carolina: Upholding the Twelve-Person Jury Requirement

Validation of Mid-Deliberation Juror Substitution in North Carolina: Upholding the Twelve-Person Jury Requirement

Date: May 24, 2025
Validation of Mid-Deliberation Juror Substitution in North Carolina: Upholding the Twelve-Person Jury Requirement Introduction State of North Carolina v. Eric Ramond Chambers, decided May 23, 2025 by...
Affirmation of PSC’s Continuing Jurisdiction and Criteria for Acquisition Under the Distressed and Failing Utilities Act

Affirmation of PSC’s Continuing Jurisdiction and Criteria for Acquisition Under the Distressed and Failing Utilities Act

Date: May 24, 2025
Affirmation of PSC’s Continuing Jurisdiction and Criteria for Acquisition Under the Distressed and Failing Utilities Act 1. Introduction In Huntington Sanitary Board v. Public Service Commission of...
Elective Application of Subsequent Municipal Plan Amendments as Exception to the Act 250 Vested-Rights Doctrine

Elective Application of Subsequent Municipal Plan Amendments as Exception to the Act 250 Vested-Rights Doctrine

Date: May 24, 2025
Elective Application of Subsequent Municipal Plan Amendments as Exception to the Act 250 Vested-Rights Doctrine Introduction This commentary examines the Vermont Supreme Court’s decision in In re...
Required Specificity in Public-Policy Discharge Claims and Exclusivity of Iowa Whistleblower Statute

Required Specificity in Public-Policy Discharge Claims and Exclusivity of Iowa Whistleblower Statute

Date: May 24, 2025
Required Specificity in Public-Policy Discharge Claims and Exclusivity of Iowa Whistleblower Statute Introduction In Kelly Brodie, Dr. John Heffron, Katherine King, Dr. Michael Langenfeld, Katherine...
Delegating Duration: When the Temporal Reach of an Arbitration Agreement Is a Question of Scope for the Arbitrator

Delegating Duration: When the Temporal Reach of an Arbitration Agreement Is a Question of Scope for the Arbitrator

Date: May 24, 2025
Delegating Duration: Texas Treats the Temporal Reach of an Arbitration Agreement as a Delegable Question of Scope I. Introduction The Supreme Court of Texas’s decision in Abigail Dalila Cerna, as...
Independent Medical Judgment and Vicarious Liability: The Texas Supreme Court’s New Framework for Nonprofit Health Organizations in Renaissance Medical Foundation v. Lugo

Independent Medical Judgment and Vicarious Liability: The Texas Supreme Court’s New Framework for Nonprofit Health Organizations in Renaissance Medical Foundation v. Lugo

Date: May 24, 2025
Independent Medical Judgment and Vicarious Liability: The Texas Supreme Court’s New Framework for Nonprofit Health Organizations in Renaissance Medical Foundation v. Lugo Introduction The Supreme...
Passive-Voice Habendum Clauses and Lessee Production in Texas Oil-and-Gas Law: Commentary on Cromwell v. Anadarko E&P Onshore, LLC

Passive-Voice Habendum Clauses and Lessee Production in Texas Oil-and-Gas Law: Commentary on Cromwell v. Anadarko E&P Onshore, LLC

Date: May 24, 2025
Passive-Voice Habendum Clauses and Lessee Production in Texas Oil-and-Gas Law: Commentary on Cromwell v. Anadarko E&P Onshore, LLC I. Introduction The Supreme Court of Texas’s decision in David W....
Reaffirming Textualism and Rejecting Speculative Trading Profits in Firm Gas Balancing Contracts: Commentary on American Midstream v. Rainbow Energy

Reaffirming Textualism and Rejecting Speculative Trading Profits in Firm Gas Balancing Contracts: Commentary on American Midstream v. Rainbow Energy

Date: May 24, 2025
Reaffirming Textualism and Rejecting Speculative Trading Profits in Firm Gas Balancing Contracts: Commentary on American Midstream (Alabama Intrastate), LLC v. Rainbow Energy Marketing Corp. I....
In re L.C.: Affirming the “Natural Reasoning” Standard for Neglect Adjudications

In re L.C.: Affirming the “Natural Reasoning” Standard for Neglect Adjudications

Date: May 24, 2025
In re L.C.: Affirming the “Natural Reasoning” Standard for Neglect Adjudications Introduction In In re L.C., 383 N.C. __ (May 23, 2025), the Supreme Court of North Carolina clarified the level of...
Judicial DWI Misconduct and Censure Standards Under Canons 1 & 2A and N.C.G.S. § 7A-376(b)

Judicial DWI Misconduct and Censure Standards Under Canons 1 & 2A and N.C.G.S. § 7A-376(b)

Date: May 24, 2025
Judicial DWI Misconduct and Censure Standards Under Canons 1 & 2A and N.C.G.S. § 7A-376(b) Introduction In re Kimble (No. 321A24) is a 2025 decision of the Supreme Court of North Carolina addressing...
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