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  • Commentaries
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state Case Commentaries

Synonymy of “Hold Harmless” and “Indemnify” in Contractual Interpretation

Synonymy of “Hold Harmless” and “Indemnify” in Contractual Interpretation

Date: May 17, 2025
Synonymy of “Hold Harmless” and “Indemnify” in Contractual Interpretation Introduction In Adams v. Atkinson, 381 So. 3d 1133 (Ala. 2025), the Supreme Court of Alabama addressed whether the terms...
Reaffirming Davis: Prosecutor Bears the Burden to Rebut Serious-Effect Presumption in Forfeited Public-Trial Claims

Reaffirming Davis: Prosecutor Bears the Burden to Rebut Serious-Effect Presumption in Forfeited Public-Trial Claims

Date: May 17, 2025
Reaffirming Davis: Prosecutor Bears the Burden to Rebut Serious-Effect Presumption in Forfeited Public-Trial Claims Introduction In People of Michigan v. Allen Michael Sherrill, the Michigan Supreme...
“Producing” Evidence Under Rule 166a(i): Nonmovants May Rely on Previously Filed Evidence in No‑Evidence Summary Judgment Practice

“Producing” Evidence Under Rule 166a(i): Nonmovants May Rely on Previously Filed Evidence in No‑Evidence Summary Judgment Practice

Date: May 17, 2025
“Producing” Evidence Under Rule 166a(i): Nonmovants May Rely on Previously Filed Evidence in No‑Evidence Summary Judgment Practice Introduction In The State of Texas v. $3,774.28, $10,176.01,...
Tenant’s Statutory Right to Cure Violations under ORS 90.392: Mandatory Notice Requirement

Tenant’s Statutory Right to Cure Violations under ORS 90.392: Mandatory Notice Requirement

Date: May 16, 2025
Tenant’s Statutory Right to Cure Violations under ORS 90.392: Mandatory Notice Requirement Introduction KKMH Properties, LLC v. Shire, 373 Or 676 (2025), is a residential eviction case decided by the...
Procedural Safeguards for Original Actions under Wisconsin Supreme Court Rules

Procedural Safeguards for Original Actions under Wisconsin Supreme Court Rules

Date: May 16, 2025
Procedural Safeguards for Original Actions under Wisconsin Supreme Court Rules Introduction In Kate Felton v. Wisconsin Elections Commission (No. 2025AP999-OA), the Wisconsin Supreme Court considered...
Reinforcement of Procedural Rigors for Original Actions and Non-Party Amicus Briefs under Wisconsin Supreme Court Practice

Reinforcement of Procedural Rigors for Original Actions and Non-Party Amicus Briefs under Wisconsin Supreme Court Practice

Date: May 16, 2025
Reinforcement of Procedural Rigors for Original Actions and Non-Party Amicus Briefs under Wisconsin Supreme Court Practice Introduction In Elizabeth Bothfeld et al. v. Wisconsin Elections Commission...
Prosecutorial Disclosure and Witness Coaching Under Brady & Napue: Carter v. State (2025 UT 13)

Prosecutorial Disclosure and Witness Coaching Under Brady & Napue: Carter v. State (2025 UT 13)

Date: May 16, 2025
Prosecutorial Disclosure and Witness Coaching Under Brady & Napue: Carter v. State (2025 UT 13) Introduction In Carter v. State (2025 UT 13), the Utah Supreme Court confronted decades-old allegations...
People v. Cruz: Endorsing Nonevidentiary Remittal Hearings and Expanded Deference to Trial-Court Demeanor Findings in Batson Step-Three Analysis

People v. Cruz: Endorsing Nonevidentiary Remittal Hearings and Expanded Deference to Trial-Court Demeanor Findings in Batson Step-Three Analysis

Date: May 16, 2025
People v. Cruz: Endorsing Nonevidentiary Remittal Hearings and Expanded Deference to Trial-Court Demeanor Findings in Batson Step-Three Analysis Introduction In People v. Cruz, 238 A.D.3d 1327 (3d...
Reaffirming UPCCRA Procedural Bars in Capital Post-Conviction Relief: Chamberlin v. Mississippi

Reaffirming UPCCRA Procedural Bars in Capital Post-Conviction Relief: Chamberlin v. Mississippi

Date: May 16, 2025
Reaffirming UPCCRA Procedural Bars in Capital Post-Conviction Relief: Chamberlin v. Mississippi Introduction The Supreme Court of Mississippi’s en banc decision in Lisa Jo Chamberlin v. State of...
Prohibition of Third-Party Cause-of-Action Purchases in Bankruptcy under Mississippi’s Champerty Statute

Prohibition of Third-Party Cause-of-Action Purchases in Bankruptcy under Mississippi’s Champerty Statute

Date: May 16, 2025
Prohibition of Third-Party Cause-of-Action Purchases in Bankruptcy under Mississippi’s Champerty Statute Introduction This commentary examines Crabtree v. Allstate Property and Casualty Insurance...
911 Citizen Tips and the Dual Requirement of Factual Basis and Basis of Knowledge for Reasonable Suspicion

911 Citizen Tips and the Dual Requirement of Factual Basis and Basis of Knowledge for Reasonable Suspicion

Date: May 16, 2025
911 Citizen Tips and the Dual Requirement of Factual Basis and Basis of Knowledge for Reasonable Suspicion Introduction City of Wenatchee v. Stearns (No. 102680-3) is a 2025 Supreme Court of...
Unenforced or Repealed Ordinance Cannot Support Arkansas Civil Rights Act Liability

Unenforced or Repealed Ordinance Cannot Support Arkansas Civil Rights Act Liability

Date: May 16, 2025
Unenforced or Repealed Ordinance Cannot Support Arkansas Civil Rights Act Liability Introduction In Boyle Ventures, LLC v. City of Fayetteville (2025 Ark. 71), the Supreme Court of Arkansas addressed...
Privilege for U-Visa and T-Visa Applications in Criminal Discovery: Ramirez v. Marsh

Privilege for U-Visa and T-Visa Applications in Criminal Discovery: Ramirez v. Marsh

Date: May 16, 2025
Privilege for U-Visa and T-Visa Applications in Criminal Discovery: Ramirez v. Marsh Introduction Ramirez v. Marsh (2025) is a landmark New Mexico Supreme Court decision consolidating two original...
Presumptive Suspension for Attorney Criminal Misconduct Involving Domestic Violence

Presumptive Suspension for Attorney Criminal Misconduct Involving Domestic Violence

Date: May 16, 2025
Presumptive Suspension for Attorney Criminal Misconduct Involving Domestic Violence Introduction This commentary examines the Florida Supreme Court’s decision in The Florida Bar v. Ryan F. C....
Boyce v. State: Eliminating Separate “Mere Presence” Jury Instructions Where Instructions Suffice

Boyce v. State: Eliminating Separate “Mere Presence” Jury Instructions Where Instructions Suffice

Date: May 16, 2025
Boyce v. State: Eliminating Separate “Mere Presence” Jury Instructions Where Instructions Suffice Introduction This commentary examines the Delaware Supreme Court’s decision in Boyce v. State, 2025...
Requirement of Comprehensive Credibility Findings in Child Abuse and Neglect Adjudications

Requirement of Comprehensive Credibility Findings in Child Abuse and Neglect Adjudications

Date: May 15, 2025
Requirement of Comprehensive Credibility Findings in Child Abuse and Neglect Adjudications Introduction In In re J.E., the Supreme Court of Appeals of West Virginia reviewed a circuit‐court order...
Establishing Objective Cardiac Activity as the Definitive “Fetal Heartbeat” Under the 2023 South Carolina Fetal Heartbeat Act

Establishing Objective Cardiac Activity as the Definitive “Fetal Heartbeat” Under the 2023 South Carolina Fetal Heartbeat Act

Date: May 15, 2025
Establishing Objective Cardiac Activity as the Definitive “Fetal Heartbeat” Under the 2023 South Carolina Fetal Heartbeat Act Introduction This commentary examines the Supreme Court of South...
Primacy of the Watershed Law: Watershed Districts May Improve County Ditches Without Formal Transfer, and Need Only “Conform” to Chapter 103E

Primacy of the Watershed Law: Watershed Districts May Improve County Ditches Without Formal Transfer, and Need Only “Conform” to Chapter 103E

Date: May 15, 2025
Primacy of the Watershed Law: Watershed Districts May Improve County Ditches Without Formal Transfer, and Need Only “Conform” to Chapter 103E Introduction In a significant clarification of...
Case-Specific Necessity and Ineffective Assistance in Confrontation Clause Claims: Johnston v. Ames

Case-Specific Necessity and Ineffective Assistance in Confrontation Clause Claims: Johnston v. Ames

Date: May 15, 2025
Case-Specific Necessity and Ineffective Assistance in Confrontation Clause Claims: Johnston v. Ames Introduction In Henry Wayne Johnston v. Donald F. Ames, Superintendent, Mt. Olive Correctional...
Market Rent Controls Potential Gross Income Absent Atypical Concessions; Occupancy Adjustments Must Align With Fee‑Simple Valuation

Market Rent Controls Potential Gross Income Absent Atypical Concessions; Occupancy Adjustments Must Align With Fee‑Simple Valuation

Date: May 15, 2025
Market Rent Controls Potential Gross Income Absent Atypical Concessions; Occupancy Adjustments Must Align With Fee‑Simple Valuation Case: Burnsville Medical Building, LLC v. County of Dakota, 20...
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