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Expert Nexus Required for Admissibility of Drug-Use Evidence: The New Standard Established in State of West Virginia v. Hundley Introduction State of West Virginia v. Scott Michael Andrew Hundley,...
People v. Thomison (2025): Strengthening the “Basis-of-Knowledge” Requirement for Informant Tips and Re-limiting Intrusive Detentions Following Routine Traffic Stops Introduction People v. Thomison,...
Union Standing Beyond Active Membership & Retiree Grievance Exemption: The Precedential Effect of Chappaqua Congress of Teachers v. Board of Education (2025) 1. Introduction The Appellate Division,...
Overcoming Statutory Grandparent Placement Preference: Continuity of Care and Child Welfare in In re A.H. & G.H. Introduction In the Supreme Court of Appeals of West Virginia’s memorandum decision In...
“Lis Pendens versus Good-Faith Foreclosure Purchaser” – The New Rule from Yesmin v. Aliobaba, LLC 1. Introduction Yesmin v. Aliobaba, LLC, 2025 NY Slip Op 02964, presented the New York Appellate...
Williams v. Levine: Elevating XLIF to Accepted Neurosurgical Practice and Tightening Expert-Affidavit Standards on Summary Judgment Introduction In Williams v. Levine, 2025 NY Slip Op 02962, the...
Weekes v. Tishman Technologies Corp.: Construction-Manager Liability and Ancillary Scaffold Removal under New York Labor Law §240(1) I. Introduction In Weekes v. Tishman Technologies Corporation, 238...
“A Legal Nullity Without Leave” – Raiola v. Roman Catholic Diocese of Brooklyn and the Dual Thresholds for (1) Adding New Defendants and (2) CPLR 3211(a)(7) Dismissals Introduction Raiola v. Roman...
“Harassment Is Not Fraud”: People v. Wilson and the Refined Standard for Intent to Defraud under N.Y. Penal Law § 175.10 Introduction People v. Wilson (2025 NY Slip Op 02940) arises from a modern...
Routine Services, Routine Fees: The Second Department’s Clarification on Compensation for Court-Appointed Accountants in Article 81 Guardianships Introduction Matter of Silda E.H. (Henderson), 238...
Presumption of Possession for Intestate Heirs – Canty v. Burns Reinforces the 10-Year Limitations Framework for Quiet-Title Actions Involving Void Deeds 1. Introduction Canty v. Burns (2025 NY Slip...
Water Quality “As a Whole,” Not Parameter-by-Parameter: The Texas Supreme Court Clarifies Tier 2 Antidegradation Review and APA Fact‑Finding in Save Our Springs Alliance v. TCEQ I. Introduction The...
Negligent Supervision: Employer Liability for Employee Torts – Duty, Elements, and Scope Introduction This commentary examines the Supreme Court of Appeals of West Virginia’s decision in Camden-Clark...
Excluding the Arsonist from the Definition of “Occupied Structure” under A.R.S. § 13-1701(2) and § 13-1704 Introduction This case arises from a 2007 Christmas‐night fire that engulfed a pickup truck...
Judicial Discretion in Parental Income Determination and the Limits of Rule 60 Relief in Child Support Modifications Introduction David Martorano v. Melissa Mazzei f/k/a Melissa Martorano (2025 WY...
Oral Relocation Agreements and Double-Rent Liability: Atlasman v. Korol (2025) Clarifies Pleading Standards in Landlord–Tenant Disputes Introduction Background. In Atlasman v. Korol, the Appellate...
In re H.P.: Clarifying Evidentiary Standards for Child Sexual Abuse Adjudications under West Virginia Law Introduction This commentary examines the Supreme Court of Appeals of West Virginia’s...
Accrual of Credit for Time Served: Jurisdiction-Dependent Credit in Multi-Case Proceedings Introduction The Supreme Court of Montana’s decision in State of Montana v. William James Pillans (2025 MT...
Failure to Acknowledge Culpability in Child Sexual Abuse Justifies Termination of Parental Rights Introduction This commentary examines the Supreme Court of Appeals of West Virginia’s decision in In...
State v. Ament: Defining the Limits of Judicial Commentary on Defendant Silence and Presumption of Innocence Introduction In State v. Ament, 2025 MT 97, the Supreme Court of Montana addressed...