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  • Commentaries
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state Case Commentaries

Statute of Limitations in Workers’ Compensation Reopenings: Employer’s Burden under HRS §386-89(c)

Statute of Limitations in Workers’ Compensation Reopenings: Employer’s Burden under HRS §386-89(c)

Date: Feb 12, 2025
Statute of Limitations in Workers’ Compensation Reopenings: Employer’s Burden under HRS §386-89(c) Introduction This Judgment by the Supreme Court of Hawaii in the case of Richard Scott Webb v. OSF...
Lifetime GPS Monitoring and the As‐Applied Challenge Standard in Sex Offender Supervision

Lifetime GPS Monitoring and the As‐Applied Challenge Standard in Sex Offender Supervision

Date: Feb 12, 2025
Lifetime GPS Monitoring and the As‐Applied Challenge Standard in Sex Offender Supervision Introduction In the case of F.S., Appellant, v. Missouri Department of Corrections, Division of Probation and...
The Evidentiary Threshold for Lesser-Included Offense Instructions in Criminal Trials

The Evidentiary Threshold for Lesser-Included Offense Instructions in Criminal Trials

Date: Feb 12, 2025
The Evidentiary Threshold for Lesser-Included Offense Instructions in Criminal Trials Introduction The case of State of Montana v. Beau Avidiya (2025 MT 31) before the Montana Supreme Court centers...
Indictment Amendments and Plea Offer Enforcement: New Precedents in West Virginia Criminal Procedure

Indictment Amendments and Plea Offer Enforcement: New Precedents in West Virginia Criminal Procedure

Date: Feb 12, 2025
Indictment Amendments and Plea Offer Enforcement: New Precedents in West Virginia Criminal Procedure Introduction The case of Richard F. v. Jonathan Frame, Superintendent, Mt. Olive Correctional...
Reaffirming Judicial Discretion: Juror Misconduct, Expert Opinion on Witness Credibility, and Proportional Sentencing

Reaffirming Judicial Discretion: Juror Misconduct, Expert Opinion on Witness Credibility, and Proportional Sentencing

Date: Feb 12, 2025
Reaffirming Judicial Discretion: Juror Misconduct, Expert Opinion on Witness Credibility, and Proportional Sentencing Introduction This Judgment, rendered by the West Virginia Supreme Court of...
Preserving Leasehold Interests: Nunc Pro Tunc Yellowstone Relief in Ambiguous Tenancies

Preserving Leasehold Interests: Nunc Pro Tunc Yellowstone Relief in Ambiguous Tenancies

Date: Feb 12, 2025
Preserving Leasehold Interests: Nunc Pro Tunc Yellowstone Relief in Ambiguous Tenancies This commentary examines the recent decision in Andrew Wharton-Bickley, et al. v. 388 Broadway Owners LLC, et...
Expansive Interpretation of Church Premises under Indiana’s Limited Liability Statute

Expansive Interpretation of Church Premises under Indiana’s Limited Liability Statute

Date: Feb 12, 2025
Expansive Interpretation of Church Premises under Indiana’s Limited Liability Statute Introduction In the case of Calvary Temple Church of Evansville, Inc. v. Gerard A. Kirsch, the Supreme Court of...
Prospective Limitations in Title Insurance: No Duty to Defend Post-Policy Actions

Prospective Limitations in Title Insurance: No Duty to Defend Post-Policy Actions

Date: Feb 12, 2025
Prospective Limitations in Title Insurance: No Duty to Defend Post-Policy Actions Introduction The case of ROGER and THERESE HUTCHINSON v. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY and JOHN HOLT...
Establishing Greater Disciplinary Accountability for Misconduct in Fee Billing and Case Handling

Establishing Greater Disciplinary Accountability for Misconduct in Fee Billing and Case Handling

Date: Feb 12, 2025
Establishing Greater Disciplinary Accountability for Misconduct in Fee Billing and Case Handling Introduction The Judgment in "In the Matter of Tristan Wade Gillespie, an Attorney" reflects a...
Affirmation of Tribal Jurisdiction Over Indian Child Custody Proceedings: New Precedent for Transfer under ICWA and the Intergovernmental Agreement

Affirmation of Tribal Jurisdiction Over Indian Child Custody Proceedings: New Precedent for Transfer under ICWA and the Intergovernmental Agreement

Date: Feb 12, 2025
Affirmation of Tribal Jurisdiction Over Indian Child Custody Proceedings: New Precedent for Transfer under ICWA and the Intergovernmental Agreement Introduction This Judgment, rendered by the Supreme...
The Establishment of “Serious Crime” for Willful Tax Evasion in Attorney Disciplinary Proceedings

The Establishment of “Serious Crime” for Willful Tax Evasion in Attorney Disciplinary Proceedings

Date: Feb 12, 2025
The Establishment of “Serious Crime” for Willful Tax Evasion in Attorney Disciplinary Proceedings Introduction This commentary examines the recent New York Supreme Court decision in the case of In...
Distinction in Dangerous Drug Counts and Sentencing Inconsistencies: A Montana Supreme Court Analysis

Distinction in Dangerous Drug Counts and Sentencing Inconsistencies: A Montana Supreme Court Analysis

Date: Feb 12, 2025
Distinction in Dangerous Drug Counts and Sentencing Inconsistencies: A Montana Supreme Court Analysis Introduction The Montana Supreme Court’s memorandum opinion in State of Montana, Plaintiff and...
Establishing a Reasonable-Belief Standard: New Precedents for HCQIA Immunity in Peer Review Actions

Establishing a Reasonable-Belief Standard: New Precedents for HCQIA Immunity in Peer Review Actions

Date: Feb 12, 2025
Establishing a Reasonable-Belief Standard: New Precedents for HCQIA Immunity in Peer Review Actions Introduction The judgment in THOMAS C. WEINER, M.D. v. ST. PETER'S HEALTH et al. represents a...
Binding Arbitration Award Finality: Limiting Modifications under G.L. 1956 in NEPSG v. NGM

Binding Arbitration Award Finality: Limiting Modifications under G.L. 1956 in NEPSG v. NGM

Date: Feb 12, 2025
Binding Arbitration Award Finality: Limiting Modifications under G.L. 1956 in NEPSG v. NGM Introduction The case of New England Property Services Group, LLC (NEPSG) v. NGM Insurance Company, decided...
Designation of Platinum Leader Banks for Fiduciary Accounts Under Pa.R.D.E. 221

Designation of Platinum Leader Banks for Fiduciary Accounts Under Pa.R.D.E. 221

Date: Feb 11, 2025
Designation of Platinum Leader Banks for Fiduciary Accounts Under Pa.R.D.E. 221 Introduction The Supreme Court of Pennsylvania issued a pivotal judgment on February 6, 2025, titled "IN RE: FINANCIAL...
Affirmation of Waiver Validity and Enhanced Sentencing in Child Sexual Assault Case

Affirmation of Waiver Validity and Enhanced Sentencing in Child Sexual Assault Case

Date: Feb 11, 2025
Affirmation of Waiver Validity and Enhanced Sentencing in Child Sexual Assault Case Introduction In the case of The People of the State of New York v. Gary L. Perry (2025 N.Y. Slip Op. 702), the...
Impact of Invalidated Appeal Waivers on Sentencing: The People v. Dawson Judgment

Impact of Invalidated Appeal Waivers on Sentencing: The People v. Dawson Judgment

Date: Feb 11, 2025
Impact of Invalidated Appeal Waivers on Sentencing: The People v. Dawson Judgment Introduction In the landmark case of The People of the State of New York v. Raymond Dawson (2025 N.Y. Slip Op. 699),...
Affirmation of Summary Judgment in Rescission of Separation Agreement: Elliott v. Elliott

Affirmation of Summary Judgment in Rescission of Separation Agreement: Elliott v. Elliott

Date: Feb 11, 2025
Affirmation of Summary Judgment in Rescission of Separation Agreement: Elliott v. Elliott Introduction The case of Lori A. Elliott v. Robert A. Elliott (2025 N.Y. Slip Op. 767) presents a pivotal...
Apodaca v. State: Supreme Court Clarifies Mistake-of-Fact Instruction in Criminal Sexual Penetration Cases

Apodaca v. State: Supreme Court Clarifies Mistake-of-Fact Instruction in Criminal Sexual Penetration Cases

Date: Feb 11, 2025
Apodaca v. State: Supreme Court Clarifies Mistake-of-Fact Instruction in Criminal Sexual Penetration Cases Introduction The Supreme Court of New Mexico, in the case of State of New Mexico v. Joseph...
Establishing State Responsibility in the Use of False Evidence: New Hampshire v. Roger Roy

Establishing State Responsibility in the Use of False Evidence: New Hampshire v. Roger Roy

Date: Feb 11, 2025
Establishing State Responsibility in the Use of False Evidence: State of New Hampshire v. Roger Roy Introduction State of New Hampshire v. Roger Roy (2025 N.H. 7) is a landmark case adjudicated by...
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