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  • Commentaries
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state Case Commentaries

Grosvold v. Neely: Residential Construction Defect Statute as Procedural Mechanism, Not Independent Cause of Action

Grosvold v. Neely: Residential Construction Defect Statute as Procedural Mechanism, Not Independent Cause of Action

Date: May 14, 2025
Grosvold v. Neely: Residential Construction Defect Statute as Procedural Mechanism, Not Independent Cause of Action Introduction Grosvold v. Neely, 2025 MT 99 (Mont. 2025), arose from a dispute...
Clarifying Accrual of Credit for Time Served and Elapsed Time in Montana: State v. Pillans Precedent

Clarifying Accrual of Credit for Time Served and Elapsed Time in Montana: State v. Pillans Precedent

Date: May 14, 2025
Clarifying Accrual of Credit for Time Served and Elapsed Time in Montana: State v. Pillans Precedent Introduction In State of Montana v. William James Pillans (2025 MT 100), the Montana Supreme Court...
Proportionality over Parity: The First Department’s Re-Calibration of Reciprocal Discipline in Matter of Fenstermaker

Proportionality over Parity: The First Department’s Re-Calibration of Reciprocal Discipline in Matter of Fenstermaker

Date: May 14, 2025
Proportionality over Parity: The First Department’s Re-Calibration of Reciprocal Discipline in Matter of Fenstermaker Introduction In Matter of Fenstermaker, 2025 NY Slip Op 02878, the Appellate...
Exhaustion of Remedies and the Narrow Scope of Mandamus in Administrative Appeals

Exhaustion of Remedies and the Narrow Scope of Mandamus in Administrative Appeals

Date: May 13, 2025
Exhaustion of Remedies and the Narrow Scope of Mandamus in Administrative Appeals Introduction Karpoff v. Sussex County Board of Adjustment is a 2025 decision of the Supreme Court of Delaware...
Pretext Conversations and Voluntary Out-of-Custody Statements

Pretext Conversations and Voluntary Out-of-Custody Statements

Date: May 13, 2025
Pretext Conversations and Voluntary Out-of-Custody Statements Introduction The People of the State of Colorado v. Patrick Nkongolo (2025 CO 20) arises from an interlocutory appeal in a...
State Tort Claims for Climate Change Damages Are Not Preempted by Federal Law

State Tort Claims for Climate Change Damages Are Not Preempted by Federal Law

Date: May 13, 2025
State Tort Claims for Climate Change Damages Are Not Preempted by Federal Law Introduction In In Re County Commissioners of Boulder County and City of Boulder v. Suncor Energy USA, Inc., et al., 2025...
Whole‑Water Antidegradation Review and Limited APA Fact‑Finding: Commentary on Save Our Springs Alliance, Inc. v. TCEQ & City of Dripping Springs

Whole‑Water Antidegradation Review and Limited APA Fact‑Finding: Commentary on Save Our Springs Alliance, Inc. v. TCEQ & City of Dripping Springs

Date: May 13, 2025
Whole‑Water Antidegradation Review and Limited APA Fact‑Finding: Commentary on Save Our Springs Alliance, Inc. v. TCEQ & City of Dripping Springs I. Introduction This decision from the Supreme Court...
Declination of Certified Question on Public Nuisance from Opioid Distribution

Declination of Certified Question on Public Nuisance from Opioid Distribution

Date: May 13, 2025
Declination of Certified Question on Public Nuisance from Opioid Distribution Introduction In City of Huntington and Cabell County Commission v. AmerisourceBergen Drug Corporation, the Supreme Court...
State v. Morgan: Deliberate Intent by Circumstance and Boundaries on Prosecutorial Commentary on Silence

State v. Morgan: Deliberate Intent by Circumstance and Boundaries on Prosecutorial Commentary on Silence

Date: May 13, 2025
State v. Morgan: Deliberate Intent by Circumstance and Boundaries on Prosecutorial Commentary on Silence Introduction In State v. Morgan, decided May 12, 2025 by the Supreme Court of New Mexico, the...
Limiting Counterman’s Recklessness Requirement to True-Threats Stalking Charges

Limiting Counterman’s Recklessness Requirement to True-Threats Stalking Charges

Date: May 13, 2025
Limiting Counterman’s Recklessness Requirement to True-Threats Stalking Charges Introduction In In Re The People of the State of Colorado v. David Samuel Crawford (2025 CO 22), the Colorado Supreme...
Colorado Supreme Court Holds the Clean Air Act Does Not Preempt State Tort Damages Claims for Climate-Related Harms Against Fossil Fuel Producers

Colorado Supreme Court Holds the Clean Air Act Does Not Preempt State Tort Damages Claims for Climate-Related Harms Against Fossil Fuel Producers

Date: May 13, 2025
Colorado Supreme Court Holds the Clean Air Act Does Not Preempt State Tort Damages Claims for Climate-Related Harms Against Fossil Fuel Producers Introduction In a closely watched climate litigation...
Non-Content-Based Stalking: Mens Rea Clarification in In Re People v. Crawford (2025 CO 22)

Non-Content-Based Stalking: Mens Rea Clarification in In Re People v. Crawford (2025 CO 22)

Date: May 13, 2025
Non-Content-Based Stalking: Mens Rea Clarification in In Re People v. Crawford (2025 CO 22) Introduction In In Re The People of the State of Colorado v. David Samuel Crawford (2025 CO 22), the...
Pretext Texts Are Not Inherently Coercive: Colorado Sets Voluntariness Benchmark for Agent‑Mediated, Noncustodial Conversations

Pretext Texts Are Not Inherently Coercive: Colorado Sets Voluntariness Benchmark for Agent‑Mediated, Noncustodial Conversations

Date: May 13, 2025
Pretext Texts Are Not Inherently Coercive: Colorado Sets Voluntariness Benchmark for Agent‑Mediated, Noncustodial Conversations Introduction In People v. Nkongolo, 2025 CO 20, the Colorado Supreme...
Affirmation of Comprehensive Physician-Patient Privilege for Emergency Treatment Records

Affirmation of Comprehensive Physician-Patient Privilege for Emergency Treatment Records

Date: May 13, 2025
Affirmation of Comprehensive Physician-Patient Privilege for Emergency Treatment Records Introduction In Re Lucas Trenshaw and Theresa Gardner, Personal Representative for the Estate of Timothy...
Expansion of Public Nuisance Liability to Opioid Distribution

Expansion of Public Nuisance Liability to Opioid Distribution

Date: May 13, 2025
Expansion of Public Nuisance Liability to Opioid Distribution Introduction City of Huntington and Cabell County Commission v. AmerisourceBergen Drug Corporation is a certified-question appeal before...
Communications in Treatment Records Are Categorically Privileged: Colorado Supreme Court Bars Sentence-by-Sentence Parsing of Medical Records

Communications in Treatment Records Are Categorically Privileged: Colorado Supreme Court Bars Sentence-by-Sentence Parsing of Medical Records

Date: May 13, 2025
Communications in Treatment Records Are Categorically Privileged: Colorado Supreme Court Bars Sentence-by-Sentence Parsing of Medical Records Introduction In Trenshaw v. Jennings, 2025 CO 23, 568...
Judicial Restraint and the Necessity of Factual Foundations in Certified Public Nuisance Questions

Judicial Restraint and the Necessity of Factual Foundations in Certified Public Nuisance Questions

Date: May 13, 2025
Judicial Restraint and the Necessity of Factual Foundations in Certified Public Nuisance Questions Introduction This commentary examines Justice Walker’s concurring opinion in City of Huntington and...
Counterman’s Recklessness Requirement Does Not Apply to Content‑Neutral Stalking: Colorado Supreme Court Clarifies § 18‑3‑602(1)(c) in People v. Crawford (2025)

Counterman’s Recklessness Requirement Does Not Apply to Content‑Neutral Stalking: Colorado Supreme Court Clarifies § 18‑3‑602(1)(c) in People v. Crawford (2025)

Date: May 13, 2025
Counterman’s Recklessness Requirement Does Not Apply to Content‑Neutral Stalking: Colorado Supreme Court Clarifies § 18‑3‑602(1)(c) in People v. Crawford (2025) Introduction In People v. Crawford,...

      Territorial Limits on Texas Civil Barratry Claims: The Supreme Court’s Focus-Based Approach in Pohl v. Cheatham and Justice Busby’s Dissent

Territorial Limits on Texas Civil Barratry Claims: The Supreme Court’s Focus-Based Approach in Pohl v. Cheatham and Justice Busby’s Dissent

Date: May 12, 2025
Territorial Limits on Texas Civil Barratry Claims: The Supreme Court’s Focus-Based Approach in Pohl v. Cheatham and Justice Busby’s Dissent I. Introduction Michael A. Pohl, et al. v. Mark Kentrell...
Roseberry v. North Slope: Differentiating “Public Concern” Standards and Limiting Preclusion After Federal Dismissal

Roseberry v. North Slope: Differentiating “Public Concern” Standards and Limiting Preclusion After Federal Dismissal

Date: May 10, 2025
Roseberry v. North Slope: Differentiating “Public Concern” Standards and Limiting Preclusion After Federal Dismissal Introduction In Roseberry v. North Slope Borough School District and North Slope...
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