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  • Commentaries
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state Case Commentaries

Adelaar Developer, LLC v. ADCI Professional Corp., S.C.: No Trade‑Secret Predicate Needed for Model Confidentiality Orders Governing Use of Discovery

Adelaar Developer, LLC v. ADCI Professional Corp., S.C.: No Trade‑Secret Predicate Needed for Model Confidentiality Orders Governing Use of Discovery

Date: Dec 14, 2025
Adelaar Developer, LLC v. ADCI Professional Corp., S.C.: No Trade‑Secret Predicate Needed for Model Confidentiality Orders Governing Use of Discovery I. Introduction This Third Department decision in...
Joint Legal Custody, Domain-Specific Decision-Making, and Imputed Income in Shared Custody: Commentary on Leah R. v. Taylor R. (2025)

Joint Legal Custody, Domain-Specific Decision-Making, and Imputed Income in Shared Custody: Commentary on Leah R. v. Taylor R. (2025)

Date: Dec 14, 2025
Joint Legal Custody, Domain-Specific Decision-Making, and Imputed Income in Shared Custody: Commentary on Leah R. v. Taylor R., 2025 NY Slip Op 06938 (3d Dept) I. Introduction This commentary...
Surcharging Estate Counsel for Wasteful Litigation Strategy: Commentary on Matter of Estate of Ingber (2025)

Surcharging Estate Counsel for Wasteful Litigation Strategy: Commentary on Matter of Estate of Ingber (2025)

Date: Dec 13, 2025
Surcharging Estate Counsel for Wasteful Litigation Strategy: Commentary on Matter of Estate of Ingber, 2025 NY Slip Op 06935 I. Introduction Matter of Estate of Ingber is a significant Surrogate’s...
People v. Greene: Prolonged Child Abuse, a Single Fatal Blow, and Depraved Indifference Murder Under Penal Law § 125.25(4)

People v. Greene: Prolonged Child Abuse, a Single Fatal Blow, and Depraved Indifference Murder Under Penal Law § 125.25(4)

Date: Dec 13, 2025
People v. Greene: Prolonged Child Abuse, a Single Fatal Blow, and Depraved Indifference Murder Under Penal Law § 125.25(4) I. Introduction In People v. Greene, 2025 NY Slip Op 06931 (3d Dept Dec. 11,...
Counsel’s Authority to Waive Speedy Trial Rights and the Sufficiency of Incomplete Boykin Colloquies: Commentary on People v. Cole

Counsel’s Authority to Waive Speedy Trial Rights and the Sufficiency of Incomplete Boykin Colloquies: Commentary on People v. Cole

Date: Dec 13, 2025
Counsel’s Authority to Waive Speedy Trial Rights and the Sufficiency of Incomplete Boykin Colloquies: Commentary on People v. Cole I. Introduction The Appellate Division, Third Department’s decision...

      Mandatory Communicable Disease Reporting Does Not Create a Criminal-Case Exception to Physician–Patient Privilege: Commentary on People v. Gomez

Mandatory Communicable Disease Reporting Does Not Create a Criminal-Case Exception to Physician–Patient Privilege: Commentary on People v. Gomez

Date: Dec 13, 2025
Mandatory Communicable Disease Reporting Does Not Create a Criminal-Case Exception to Physician–Patient Privilege: An In-Depth Commentary on People v. Gomez, 2025 NY Slip Op 06929 (3d Dept) I....
Voluntariness of DWI-Drug Statements and Plea Withdrawal Amid Alleged Medical and Bail Coercion: Commentary on People v. Ouderkirk

Voluntariness of DWI-Drug Statements and Plea Withdrawal Amid Alleged Medical and Bail Coercion: Commentary on People v. Ouderkirk

Date: Dec 13, 2025
Voluntariness of DWI-Drug Statements and Plea Withdrawal Amid Alleged Medical and Bail Coercion: Commentary on People v. Ouderkirk I. Introduction The Appellate Division, Third Department’s decision...
MFIJ v. Knudsen: Requiring a Substantive Written Determination Before the Attorney General May Rewrite Montana Ballot Statements

MFIJ v. Knudsen: Requiring a Substantive Written Determination Before the Attorney General May Rewrite Montana Ballot Statements

Date: Dec 13, 2025
MFIJ v. Knudsen: Requiring a Substantive Written Determination Before the Attorney General May Rewrite Montana Ballot Statements I. Introduction In Montanans for Fair and Impartial Judges & Montanans...
Optional PIP Arbitration Under 21 Del. C. § 2118(j) Is Non‑Preclusive of Subsequent UM Litigation: Commentary on Vaughn v. Allstate

Optional PIP Arbitration Under 21 Del. C. § 2118(j) Is Non‑Preclusive of Subsequent UM Litigation: Commentary on Vaughn v. Allstate

Date: Dec 13, 2025
Optional PIP Arbitration Under 21 Del. C. § 2118(j) Is Non‑Preclusive of Subsequent UM Litigation: Commentary on Vaughn v. Allstate I. Introduction This commentary examines the Supreme Court of...
ADA Accommodation Claims, Prior Terminations, and No‑Merit Appeals in Delaware TPR Cases: Commentary on Shelby Davis v. DSCYF

ADA Accommodation Claims, Prior Terminations, and No‑Merit Appeals in Delaware TPR Cases: Commentary on Shelby Davis v. DSCYF

Date: Dec 13, 2025
ADA Accommodation Claims, Prior Terminations, and No‑Merit Appeals in Delaware Termination of Parental Rights Cases: A Commentary on Shelby Davis v. Department of Services for Children, Youth and...
Ordinary Negligence Against Health Care Providers Survives Only for Conduct Independent of the Medical Relationship: Commentary on Renown Regional Medical Center v. Dist. Ct. (Freeman)

Ordinary Negligence Against Health Care Providers Survives Only for Conduct Independent of the Medical Relationship: Commentary on Renown Regional Medical Center v. Dist. Ct. (Freeman)

Date: Dec 13, 2025
Ordinary Negligence Against Health Care Providers Survives Only for Conduct Independent of the Medical Relationship Commentary on Renown Regional Medical Center v. District Court (Freeman), 141 Nev.,...
Woodin v. State: Excluding CPS “Substantiation” Opinions and Clarifying Key Criminal Procedure Doctrines in Nevada

Woodin v. State: Excluding CPS “Substantiation” Opinions and Clarifying Key Criminal Procedure Doctrines in Nevada

Date: Dec 13, 2025
Woodin v. State: Excluding CPS “Substantiation” Opinions and Clarifying Key Criminal Procedure Doctrines in Nevada I. Introduction In Woodin (James) v. State, No. 89133 (Nev. Dec. 11, 2025), the...
State v. Bracey: Inferring Knowledge of a Stolen Firearm from Flight, Concealment, and Deception under North Carolina’s Substantial Evidence Standard

State v. Bracey: Inferring Knowledge of a Stolen Firearm from Flight, Concealment, and Deception under North Carolina’s Substantial Evidence Standard

Date: Dec 13, 2025
State v. Bracey: Inferring Knowledge of a Stolen Firearm from Flight, Concealment, and Deception under North Carolina’s Substantial Evidence Standard I. Introduction The Supreme Court of North...
“You Know What You Did” Is Not Enough: Specificity in Zoning Notices of Violation under Durham Green Flea Market v. City of Durham

“You Know What You Did” Is Not Enough: Specificity in Zoning Notices of Violation under Durham Green Flea Market v. City of Durham

Date: Dec 13, 2025
“You Know What You Did” Is Not Enough: Specificity in Zoning Notices of Violation under Durham Green Flea Market v. City of Durham I. Introduction In Durham Green Flea Market v. City of Durham, the...
Empire Contractors, Inc. v. Town of Apex: Individualized Valuation and Rough-Proportionality Inquiries Defeat Predominance in Class Actions Challenging Development Fees

Empire Contractors, Inc. v. Town of Apex: Individualized Valuation and Rough-Proportionality Inquiries Defeat Predominance in Class Actions Challenging Development Fees

Date: Dec 13, 2025
Empire Contractors, Inc. v. Town of Apex: Individualized Valuation and Rough-Proportionality Inquiries Defeat Predominance in Class Actions Challenging Development Fees I. Introduction In Empire...
Contractual Formalism and No Fiduciary Duty for Majority Coalitions in North Carolina LLCs: Commentary on Gvest Real Estate, LLC v. JS Real Estate Investments, LLC

Contractual Formalism and No Fiduciary Duty for Majority Coalitions in North Carolina LLCs: Commentary on Gvest Real Estate, LLC v. JS Real Estate Investments, LLC

Date: Dec 13, 2025
Contractual Formalism and No Fiduciary Duty for Majority Coalitions in North Carolina LLCs: Commentary on Gvest Real Est., LLC v. JS Real Est. Invs., LLC I. Introduction The Supreme Court of North...
Issue Preclusion, Privity, and Juvenile Abuse Petitions in North Carolina: A Commentary on In re A.D.H.

Issue Preclusion, Privity, and Juvenile Abuse Petitions in North Carolina: A Commentary on In re A.D.H.

Date: Dec 13, 2025
Issue Preclusion, Privity, and Juvenile Abuse Petitions in North Carolina: A Commentary on In re A.D.H. I. Introduction The Supreme Court of North Carolina’s decision in In re A.D.H., No. 265PA24...
“Indefinite Means Indefinite”: Mata v. N.C. Dep’t of Transportation and the Measure of Just Compensation for Map Act Corridor Takings

“Indefinite Means Indefinite”: Mata v. N.C. Dep’t of Transportation and the Measure of Just Compensation for Map Act Corridor Takings

Date: Dec 13, 2025
“Indefinite Means Indefinite”: Mata v. N.C. Dep’t of Transportation and the Measure of Just Compensation for Map Act Corridor Takings I. Introduction The Supreme Court of North Carolina’s decision in...
Cottle v. Mankin: Negligent Retention Claims Against Corporate Clinics as Medical Malpractice Actions Subject to North Carolina’s Statute of Repose

Cottle v. Mankin: Negligent Retention Claims Against Corporate Clinics as Medical Malpractice Actions Subject to North Carolina’s Statute of Repose

Date: Dec 13, 2025
Cottle v. Mankin: Negligent Retention Claims Against Corporate Clinics as Medical Malpractice Actions Subject to North Carolina’s Statute of Repose I. Introduction The Supreme Court of North...
State v. Allison: Mandatory Castle Doctrine Instructions and the Exclusivity of Statutory Rebuttal in North Carolina

State v. Allison: Mandatory Castle Doctrine Instructions and the Exclusivity of Statutory Rebuttal in North Carolina

Date: Dec 13, 2025
State v. Allison: Mandatory Castle Doctrine Instructions and the Exclusivity of Statutory Rebuttal in North Carolina I. Introduction State v. Allison, No. 103PA24 (N.C. Dec. 12, 2025), is a major...
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