state Case Commentaries

State v. Alford (2025 MT 171): Montana Supreme Court Affirms the Constitutionality of Mandatory Minimum Custodial Sentences for 4th-and-Subsequent DUI Offenses

Date: Aug 7, 2025

State v. Alford (2025 MT 171): Montana Supreme Court Affirms the Constitutionality of Mandatory Minimum Custodial Sentences for 4th-and-Subsequent DUI Offenses 1. Introduction The Montana Supreme...

Montana Supreme Court Reaffirms Need for Notice and Hearing Before Trial-Court Determination of Ineffective Assistance

Date: Aug 7, 2025

Montana Supreme Court Reaffirms Need for Notice and Hearing Before Trial-Court Determination of Ineffective Assistance Introduction Case: State v. B. Kelsey (2025 MT 173N, DA 23-0230) – non-citable...

State v. Vaska (2025): Consolidating Reasonable-Time Probable-Cause Determinations and Re-Anchoring the “Ability-to-Pay” Rule for Criminal Fines

Date: Aug 7, 2025

State v. Vaska (Mont. 2025): Consolidating Reasonable-Time Probable-Cause Determinations and Re-Anchoring the “Ability-to-Pay” Rule for Criminal Fines 1. Introduction In State v. Harlan G. Vaska,...

“Scrupulous & Meticulous”: The Montana Supreme Court’s Re-affirmation of Ability-to-Pay Findings and Accurate Credit for Time Served in State v. M. Sullivan

Date: Aug 7, 2025

“Scrupulous & Meticulous”: The Montana Supreme Court’s Re-affirmation of Ability-to-Pay Findings and Accurate Credit for Time Served in State v. M. Sullivan 1. Introduction The appeal in State v....

State v. Keech (2025): Revocation Sentences, Concurrent–Consecutive Designations, and the “Facial Illegality” Escape Hatch from Res Judicata

Date: Aug 7, 2025

State v. Keech (2025): Revocation Sentences, Concurrent–Consecutive Designations, and the “Facial Illegality” Escape Hatch from Res Judicata Introduction State v. Keech, 2025 MT 169, is a sweeping...

Kirby v. Perkins: Delaware Supreme Court Clarifies Best-Interests Analysis and Limits Reliance on Third-Party Funding in School-Choice Custody Disputes

Date: Aug 7, 2025

Kirby v. Perkins: Delaware Supreme Court Clarifies Best-Interests Analysis and Limits Reliance on Third-Party Funding in School-Choice Custody Disputes 1. Introduction Kirby v. Perkins, Supreme Court...

Express Severance “Cancellation of All Prior Agreements” Clauses Extinguish Trailing Commission Rights and Bar Later Contract Claims: Commentary on Wagschal v. Ecconergy (2025 NY Slip Op 04595)

Date: Aug 7, 2025

Express Severance “Cancellation of All Prior Agreements” Clauses Extinguish Trailing Commission Rights and Bar Later Contract Claims: Commentary on Wagschal v. Ecconergy (2025 NY Slip Op 04595)...

People v. Lloyd F.: Second Department sets a stringent “extraordinary circumstances” bar under CPL 722.23(1)(d) for retaining adolescent-offender cases in the Youth Part

Date: Aug 7, 2025

People v. Lloyd F.: Second Department sets a stringent “extraordinary circumstances” bar under CPL 722.23(1)(d) for retaining adolescent-offender cases in the Youth Part Introduction In People v....

Moving Scaffolds Under Ceiling Obstacles: Unsecured Materials “Require Securing” — Second Department Revives Labor Law §§ 240(1) and 241(6) Claims and Negligence Against Subcontractor

Date: Aug 7, 2025

Moving Scaffolds Under Ceiling Obstacles: Unsecured Materials “Require Securing” — Second Department Revives Labor Law §§ 240(1) and 241(6) Claims and Negligence Against Subcontractor Introduction...

No Personal Jurisdiction Needed to Domesticate Sister‑State Judgments in New York: Cadlerock Joint Venture, L.P. v. Simms

Date: Aug 7, 2025

No Personal Jurisdiction Needed to Domesticate Sister‑State Judgments in New York Cadlerock Joint Venture, L.P. v. Simms (2025 NY Slip Op 04541), Appellate Division, Second Department Introduction...

COVID-19 Tolling Applies to the CPLR 205(a)/205-a Six-Month Savings Period in Foreclosure Actions; Dismissal for RPAPL 1306 Noncompliance Is Not “On the Merits”

Date: Aug 7, 2025

COVID-19 Tolling Applies to the CPLR 205(a)/205-a Six-Month Savings Period in Foreclosure Actions; Dismissal for RPAPL 1306 Noncompliance Is Not “On the Merits” Introduction This commentary examines...

Contractual Waiver of Resignation Challenges Does Not Extinguish Right to Seek Religious Accommodation Under DOE Vaccine Mandate

Date: Aug 7, 2025

Contractual Waiver of Resignation Challenges Does Not Extinguish Right to Seek Religious Accommodation Under DOE Vaccine Mandate Case: Matter of LaBarbera v. New York City Department of Education,...

Imputing Counsel’s Repeated Neglect to the Client: Second Department Narrows “Interest‑of‑Justice” Vacatur and Enforces the One‑Year CPLR 5015(a)(1) Deadline

Date: Aug 7, 2025

Imputing Counsel’s Repeated Neglect to the Client: Second Department Narrows “Interest‑of‑Justice” Vacatur and Enforces the One‑Year CPLR 5015(a)(1) Deadline Introduction In Zlobec v. Bank of N.Y....

Closed A‑Frame Ladder Use, Speculative Lighting Claims, and Recurring Water: The Second Department’s Clarification of §§ 240(1), 241(6), and 200 in Araujo v. Monadnock Construction, Inc.

Date: Aug 7, 2025

Closed A‑Frame Ladder Use, Speculative Lighting Claims, and Recurring Water: The Second Department’s Clarification of §§ 240(1), 241(6), and 200 in Araujo v. Monadnock Construction, Inc. Introduction...

Coverage Denial as a Single Breach: Second Department Fixes Accrual at Disclaimer Date and Rejects Continuing‑Wrong Tolling for Excess Workers’ Compensation Policies

Date: Aug 7, 2025

Coverage Denial as a Single Breach: Second Department Fixes Accrual at Disclaimer Date and Rejects Continuing‑Wrong Tolling for Excess Workers’ Compensation Policies Introduction In New York Bus...

The Heckscher Specificity Rule: Under Court of Claims Act §11(b), an Insufficient “Place” Allegation Is a Jurisdictional Defect That Cannot Be Cured by Amendment, Cannot Be Treated as a Claim, and Does Not Extend Time to File

Date: Aug 7, 2025

The Heckscher Specificity Rule: Under Court of Claims Act §11(b), an Insufficient “Place” Allegation Is a Jurisdictional Defect That Cannot Be Cured by Amendment, Cannot Be Treated as a Claim, and...

State v. Logston (2025): Constitutional Supremacy in Consecutive Sentencing After Probation Revocation

Date: Aug 6, 2025

State v. Logston (374 Or 101, 2025): Constitutional Supremacy in Consecutive Sentencing After Probation Revocation Introduction State v. Logston presented the Oregon Supreme Court with a narrow, but...

Jeffers and the Harmless-Error Doctrine: When the Absence of a Presentence Report Is Cured by a Mandatory Life-Without-Mercy Sentence

Date: Aug 6, 2025

Jeffers and the Harmless-Error Doctrine: When the Absence of a Presentence Report Is Cured by a Mandatory Life-Without-Mercy Sentence 1. Introduction In State of West Virginia v. Argie L. Jeffers,...

Beyond “Seal or Remove”: The Hawaiʻi Supreme Court Defines the Constitutional Limits of Record-Sealing under HRS § 831-3.2(f)

Date: Aug 6, 2025

Beyond “Seal or Remove”: The Hawaiʻi Supreme Court Defines the Constitutional Limits of Record-Sealing under HRS § 831-3.2(f) Introduction On 4 August 2025 the Supreme Court of Hawaiʻi issued a...

Extending the Moeller Symmetry: Alaska Supreme Court Requires Symmetrical Custody Analysis for Significant In-State Relocations and Re-Affirms the Statutory Preference for Joint Legal Custody

Date: Aug 6, 2025

Extending the Moeller Symmetry: Alaska Supreme Court Requires Symmetrical Custody Analysis for Significant In-State Relocations and Re-Affirms the Statutory Preference for Joint Legal Custody...

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