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state Case Commentaries

Single-Application Continuity and Propane Tank Removal Standards under CF 111: Bourne’s Inc. v. Lemelson

Single-Application Continuity and Propane Tank Removal Standards under CF 111: Bourne’s Inc. v. Lemelson

Date: May 10, 2025
Single-Application Continuity and Propane Tank Removal Standards under CF 111: Bourne’s Inc. v. Lemelson Introduction In Bourne’s Inc. d/b/a v. Emmanuel Lemelson, the Vermont Supreme Court (May 9,...

        Implied-Consent Quantum Meruit Awards Survive the “Express-Contract Bar” – 
        An Analysis of JB Accounting Services, LLC v. Winters

Implied-Consent Quantum Meruit Awards Survive the “Express-Contract Bar” – An Analysis of JB Accounting Services, LLC v. Winters

Date: May 10, 2025
Implied-Consent Quantum Meruit Awards Survive the “Express-Contract Bar” – JB Accounting Services, LLC; JB Accounting Tax Service Check Cashing, LLC; JB Accounting Tax Services, LLC; and Jennifer...
Personal Motives, Corporate Shields: Alabama Supreme Court Narrows Vicarious Liability and Clarifies Causation in Intentional-Interference Claims – Commentary on Flickinger v. King (2025)

Personal Motives, Corporate Shields: Alabama Supreme Court Narrows Vicarious Liability and Clarifies Causation in Intentional-Interference Claims – Commentary on Flickinger v. King (2025)

Date: May 10, 2025
Personal Motives, Corporate Shields: Alabama Supreme Court Narrows Vicarious Liability and Clarifies Causation in Intentional-Interference Claims – Commentary on Flickinger v. King (2025) 1....
Private Employers, Off-Duty Police, and Vicarious Liability: 
         Justice Busby’s Framing of an Open Question in Texas Law

Private Employers, Off-Duty Police, and Vicarious Liability: Justice Busby’s Framing of an Open Question in Texas Law

Date: May 10, 2025
Private Employers, Off-Duty Police, and Vicarious Liability: Justice Busby’s Framing of an Open Question in Texas Law I. Introduction The concurring opinion by Justice Brett Busby in Chad Seward,...
Actual Knowledge Means Subjective Awareness: Email Notice and Deadline Extensions Under Texas Rule 306a After Red Bluff, LLC v. Tarpley

Actual Knowledge Means Subjective Awareness: Email Notice and Deadline Extensions Under Texas Rule 306a After Red Bluff, LLC v. Tarpley

Date: May 10, 2025
Actual Knowledge Means Subjective Awareness: Email Notice and Deadline Extensions Under Texas Rule 306a After Red Bluff, LLC v. Tarpley I. Introduction The Supreme Court of Texas’s per curiam...
Discovery Motions and Sanctions Requests Are Not “Legal Actions” Under the Texas Citizens Participation Act

Discovery Motions and Sanctions Requests Are Not “Legal Actions” Under the Texas Citizens Participation Act

Date: May 10, 2025
Discovery Motions and Sanctions Requests Are Not “Legal Actions” Under the Texas Citizens Participation Act I. Introduction The Supreme Court of Texas’s consolidated decision in Sadok Ferchichi &...
Legislative Self‑Help Before Constitutional Adjudication: The ETJ Opt‑Out Regime in Elliott v. City of College Station

Legislative Self‑Help Before Constitutional Adjudication: The ETJ Opt‑Out Regime in Elliott v. City of College Station

Date: May 10, 2025
Legislative Self‑Help Before Constitutional Adjudication: The ETJ Opt‑Out Regime in Elliott v. City of College Station I. Introduction The Supreme Court of Texas’s decision in Shana Elliott and...
Legislative “Clarification” Cannot Override Binding Precedent: Separation of Powers and Ex Post Facto Constraints on Retroactive Sentencing Amendments

Legislative “Clarification” Cannot Override Binding Precedent: Separation of Powers and Ex Post Facto Constraints on Retroactive Sentencing Amendments

Date: May 10, 2025
Legislative “Clarification” Cannot Override Binding Precedent: Separation of Powers and Ex Post Facto Constraints on Retroactive Sentencing Amendments Introduction Yako W. Collins was convicted in...
Waiver of Tennessee QIC Privilege by Voluntary Disclosure

Waiver of Tennessee QIC Privilege by Voluntary Disclosure

Date: May 10, 2025
Waiver of Tennessee QIC Privilege by Voluntary Disclosure Introduction This commentary examines the Supreme Court of Tennessee’s decision in Payton Castillo v. David Lloyd Rex, M.D., 2025 WL ______...
LULAC v. Pate: Clarifying Organizational Standing—Resource Diversion Does Not Constitute Legally Cognizable Injury

LULAC v. Pate: Clarifying Organizational Standing—Resource Diversion Does Not Constitute Legally Cognizable Injury

Date: May 10, 2025
LULAC v. Pate: Clarifying Organizational Standing—Resource Diversion Does Not Constitute Legally Cognizable Injury Introduction League of United Latin American Citizens of Iowa (LULAC) filed suit in...
Statutory Antiretaliation Remedy Preempts Common-Law Public-Policy Wrongful Discharge Claims under the FCA

Statutory Antiretaliation Remedy Preempts Common-Law Public-Policy Wrongful Discharge Claims under the FCA

Date: May 10, 2025
Statutory Antiretaliation Remedy Preempts Common-Law Public-Policy Wrongful Discharge Claims under the FCA Introduction This commentary examines the Nebraska Supreme Court’s decision in Dibbern v....
Appealability of Interlocutory Orders and Mootness of Prejudgment Attachments Established in Czech v. Allen

Appealability of Interlocutory Orders and Mootness of Prejudgment Attachments Established in Czech v. Allen

Date: May 10, 2025
Appealability of Interlocutory Orders and Mootness of Prejudgment Attachments Established in Czech v. Allen Introduction In Czech v. Allen, 318 Neb. 904 (May 9, 2025), the Nebraska Supreme Court...
Discretion in Sentencing and PSI Requirements: State v. Danny Main, Jr.

Discretion in Sentencing and PSI Requirements: State v. Danny Main, Jr.

Date: May 10, 2025
Discretion in Sentencing and PSI Requirements: State v. Danny Main, Jr. Introduction In State v. Danny Main, Jr., 2025 VT 24‐AP‐146, the Vermont Supreme Court considered two primary issues on appeal...
No Clarification of the “Compelling Reason” Standard to Compel Complainant Psychological Exams; Cavanagh, C.J., Dissent Urges Doctor-Recommended MMPI as Adequate Nexus

No Clarification of the “Compelling Reason” Standard to Compel Complainant Psychological Exams; Cavanagh, C.J., Dissent Urges Doctor-Recommended MMPI as Adequate Nexus

Date: May 10, 2025
No Clarification of the “Compelling Reason” Standard to Compel Complainant Psychological Exams; Cavanagh, C.J., Dissent Urges Doctor-Recommended MMPI as Adequate Nexus Introduction This commentary...
“Of Record Before the Clock Runs”: The Alabama Supreme Court Reinforces the Rule 59.1 Filing Requirement in Williams v. ADHR

“Of Record Before the Clock Runs”: The Alabama Supreme Court Reinforces the Rule 59.1 Filing Requirement in Williams v. ADHR

Date: May 10, 2025
“Of Record Before the Clock Runs”: The Alabama Supreme Court Reinforces the Rule 59.1 Filing Requirement in Williams v. ADHR 1. Introduction In Teresa Williams and Barney's Childcare and Learning...
State v. Humphrey: No Objection Needed—K.S.A. 60-404 Does Not Bar Appellate Sufficiency Challenges to Restitution; State Must Prove Amount with Substantial Competent Evidence

State v. Humphrey: No Objection Needed—K.S.A. 60-404 Does Not Bar Appellate Sufficiency Challenges to Restitution; State Must Prove Amount with Substantial Competent Evidence

Date: May 10, 2025
State v. Humphrey: No Objection Needed—K.S.A. 60-404 Does Not Bar Appellate Sufficiency Challenges to Restitution; State Must Prove Amount with Substantial Competent Evidence Court: Supreme Court of...
Pohl v. Cheatham and the Territorial Reach of Texas’s Civil Barratry Statute

Pohl v. Cheatham and the Territorial Reach of Texas’s Civil Barratry Statute

Date: May 10, 2025
Pohl v. Cheatham and the Territorial Reach of Texas’s Civil Barratry Statute I. Introduction The Supreme Court of Texas’s decision in Michael A. Pohl v. Mark Kentrell Cheatham, Sr., No. 23‑0045 (May...
As-Is Clauses and Mutual Mistake in Property Settlements: Title vs. Physical Condition

As-Is Clauses and Mutual Mistake in Property Settlements: Title vs. Physical Condition

Date: May 10, 2025
As-Is Clauses and Mutual Mistake in Property Settlements: Title vs. Physical Condition Introduction In Soho Land Development, Inc. v. Oakland County Treasurer, Michigan Supreme Court No. 168022 (May...
State v. K.B.: Defining Reasonable Suspicion and the Boundaries of Juvenile Stops and Protective Searches

State v. K.B.: Defining Reasonable Suspicion and the Boundaries of Juvenile Stops and Protective Searches

Date: May 10, 2025
State v. K.B.: Defining Reasonable Suspicion and the Boundaries of Juvenile Stops and Protective Searches Introduction In State of Louisiana v. K.B. (2025-May-09), the Louisiana Supreme Court...
Non-Conforming Status by Prescription in Subdivision Regulation Enforcement

Non-Conforming Status by Prescription in Subdivision Regulation Enforcement

Date: May 10, 2025
Non-Conforming Status by Prescription in Subdivision Regulation Enforcement Introduction James and Kim McCormick own a 128.75-acre tract in Bossier Parish, Louisiana, accessed by a ten-foot-wide...
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