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  • Commentaries
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state Case Commentaries

Waiver of Jury Trial by Default of Appearance: Plain Error and Constitutional Guarantees

Waiver of Jury Trial by Default of Appearance: Plain Error and Constitutional Guarantees

Date: Apr 30, 2025
Waiver of Jury Trial by Default of Appearance: Plain Error and Constitutional Guarantees Introduction This commentary examines the Supreme Court of Montana’s decision in City of Missoula v. S....
Requirement of Expert Testimony for Standard of Care in Specialized Equipment Maintenance

Requirement of Expert Testimony for Standard of Care in Specialized Equipment Maintenance

Date: Apr 30, 2025
Requirement of Expert Testimony for Standard of Care in Specialized Equipment Maintenance Introduction In Seymour v. State, 2025 MT 88, the Supreme Court of Montana addressed whether a plaintiff in a...
Commercial Auto Policies: No Mandatory UIM Offer for Non-Owned Vehicles Under WV Code § 33-6-31

Commercial Auto Policies: No Mandatory UIM Offer for Non-Owned Vehicles Under WV Code § 33-6-31

Date: Apr 30, 2025
Commercial Auto Policies: No Mandatory UIM Offer for Non-Owned Vehicles Under WV Code § 33-6-31 Introduction In Erie Insurance Property & Casualty Co. v. Cooper, 2025 WL ___ (W. Va. Apr. 29, 2025),...
Eckardt v. Treasurer (Mo. banc 2025): No Load-Factor/Enhanced-PPD “Boost” to Meet § 287.220.3’s 50-Week Threshold; PTD Causation Must Exclude Non-Qualifying Disabilities

Eckardt v. Treasurer (Mo. banc 2025): No Load-Factor/Enhanced-PPD “Boost” to Meet § 287.220.3’s 50-Week Threshold; PTD Causation Must Exclude Non-Qualifying Disabilities

Date: Apr 30, 2025
Eckardt v. Treasurer (Mo. banc 2025): No Load-Factor/Enhanced-PPD “Boost” to Meet § 287.220.3’s 50-Week Threshold; PTD Causation Must Exclude Non-Qualifying Disabilities Supreme Court of Missouri (en...
Price v. State: Encirclement of a Vehicle Constitutes Seizure Requiring Reasonable Suspicion

Price v. State: Encirclement of a Vehicle Constitutes Seizure Requiring Reasonable Suspicion

Date: Apr 30, 2025
Price v. State: Encirclement of a Vehicle Constitutes Seizure Requiring Reasonable Suspicion Introduction In Price v. State (Del. 2025), the Delaware Supreme Court, sitting en banc, clarified when a...
Estate of Richard E. Paul: Personal Representative’s Authority to Sell When Settlement Agreement Conditions Are Unmet

Estate of Richard E. Paul: Personal Representative’s Authority to Sell When Settlement Agreement Conditions Are Unmet

Date: Apr 30, 2025
Estate of Richard E. Paul: Personal Representative’s Authority to Sell When Settlement Agreement Conditions Are Unmet Introduction In Estate of Richard E. Paul (2025 MT 86), the Montana Supreme Court...
Defining “In Connection With Your Business” in Non-Owned Auto Insurance Coverage

Defining “In Connection With Your Business” in Non-Owned Auto Insurance Coverage

Date: Apr 30, 2025
Defining “In Connection With Your Business” in Non-Owned Auto Insurance Coverage Introduction This case arises from a fatal collision involving Martin A. Montano Jr., an employee of Casas Custom...
Defining “Reasonable Clarity” in Public Records Requests and the Mootness Doctrine under R.C. 149.43

Defining “Reasonable Clarity” in Public Records Requests and the Mootness Doctrine under R.C. 149.43

Date: Apr 30, 2025
Defining “Reasonable Clarity” in Public Records Requests and the Mootness Doctrine under R.C. 149.43 Introduction This case arises from an original mandamus action brought by Estephen Castellon, a...
Reaffirming Original Jurisdiction and the “Cast Doubt” Standard in Post-Election Ballot Title Challenges

Reaffirming Original Jurisdiction and the “Cast Doubt” Standard in Post-Election Ballot Title Challenges

Date: Apr 30, 2025
Reaffirming Original Jurisdiction and the “Cast Doubt” Standard in Post-Election Ballot Title Challenges Introduction Raymond McCarty and three fellow registered Missouri voters (“Contestants”) filed...
Excess Sentence Is Not a Jurisdictional Defect: Exclusivity of Rule 24.035 in Post-Conviction Relief

Excess Sentence Is Not a Jurisdictional Defect: Exclusivity of Rule 24.035 in Post-Conviction Relief

Date: Apr 30, 2025
Excess Sentence Is Not a Jurisdictional Defect: Exclusivity of Rule 24.035 in Post-Conviction Relief Introduction In In re Robert J. Branson v. Michael Shewmaker, Warden (Missouri Supreme Court,...
McCarty v. Secretary of State (Mo. banc Apr. 29, 2025) — Post‑Election Ballot‑Title Contests: “Irregularity” Requires Chapter 116 Defect Plus Section 115.593 Election‑Doubt; Single‑Subject/Clear‑Title Claims Beyond the Court’s Original Jurisdiction

McCarty v. Secretary of State (Mo. banc Apr. 29, 2025) — Post‑Election Ballot‑Title Contests: “Irregularity” Requires Chapter 116 Defect Plus Section 115.593 Election‑Doubt; Single‑Subject/Clear‑Title Claims Beyond the Court’s Original Jurisdiction

Date: Apr 30, 2025
Post‑Election Ballot‑Title Contests: A Chapter 116 Defect Must Also “Cast Doubt” Under Section 115.593; Single‑Subject/Clear‑Title Attacks Lie Outside the Missouri Supreme Court’s Original...
Presumption Against Exclusion of Defense Witnesses and Clarified Application of Rule 5-502 and McCarty Balancing in State v. Garcia

Presumption Against Exclusion of Defense Witnesses and Clarified Application of Rule 5-502 and McCarty Balancing in State v. Garcia

Date: Apr 29, 2025
Presumption Against Exclusion of Defense Witnesses and Clarified Application of Rule 5-502 and McCarty Balancing in State v. Garcia Introduction State v. Garcia (2025-NM-SC-40221 consolidated with...
Reaffirming Public Censure for Attorney Misconduct: Obligations of Competence, Diligence, Communication, and Honesty

Reaffirming Public Censure for Attorney Misconduct: Obligations of Competence, Diligence, Communication, and Honesty

Date: Apr 29, 2025
Reaffirming Public Censure for Attorney Misconduct: Obligations of Competence, Diligence, Communication, and Honesty I. Introduction In In the Matter of Michael K. Glucksman, decided April 28, 2025,...
Condition Precedents, Indemnity Notice Forfeitures, and the Excusal Doctrine in Delaware Contract Law

Condition Precedents, Indemnity Notice Forfeitures, and the Excusal Doctrine in Delaware Contract Law

Date: Apr 29, 2025
Condition Precedents, Indemnity Notice Forfeitures, and the Excusal Doctrine in Delaware Contract Law Introduction Thompson Street Capital Partners IV, L.P., acting as Members’ Representative...
Establishing Public Censure as Appropriate Sanction for Repeated Violations of Competence, Diligence, Communication, and Honesty

Establishing Public Censure as Appropriate Sanction for Repeated Violations of Competence, Diligence, Communication, and Honesty

Date: Apr 29, 2025
Establishing Public Censure as Appropriate Sanction for Repeated Violations of Competence, Diligence, Communication, and Honesty Introduction In In the Matter of Michael K. Glucksman (No....
Holistic Antidegradation Review and Limited APA Fact-Finding Duties: Commentary on Save Our Springs Alliance v. TCEQ

Holistic Antidegradation Review and Limited APA Fact-Finding Duties: Commentary on Save Our Springs Alliance v. TCEQ

Date: Apr 29, 2025
Holistic Antidegradation Review and Limited APA Fact-Finding Duties: Commentary on Save Our Springs Alliance, Inc. v. TCEQ & City of Dripping Springs I. Introduction The Supreme Court of Texas’s...
Qualified Psychiatrist Requirement and Evidentiary Compliance in Psychological Workers’ Compensation Claims

Qualified Psychiatrist Requirement and Evidentiary Compliance in Psychological Workers’ Compensation Claims

Date: Apr 26, 2025
Qualified Psychiatrist Requirement and Evidentiary Compliance in Psychological Workers’ Compensation Claims Introduction E.B. v. Alliance Coal, LLC is a 2025 decision of the Supreme Court of Appeals...
Estate of Morgan v. Union Pacific: FELA Excludes Harassment-Induced Suicide Outside the Zone of Danger

Estate of Morgan v. Union Pacific: FELA Excludes Harassment-Induced Suicide Outside the Zone of Danger

Date: Apr 26, 2025
Estate of Morgan v. Union Pacific Railroad Co.: FELA Excludes Harassment-Induced Suicide Outside the Zone of Danger Introduction This case arises from the tragic death of Phillip Raymond Morgan, a...
Genetic Testing as the Exclusive Rebuttal to the Presumption of Paternity under 23 Pa.C.S. § 5104

Genetic Testing as the Exclusive Rebuttal to the Presumption of Paternity under 23 Pa.C.S. § 5104

Date: Apr 26, 2025
Genetic Testing as the Exclusive Rebuttal to the Presumption of Paternity under 23 Pa.C.S. § 5104 Introduction Sitler v. Jones, 2025 WL ___ (Pa. Apr. 25, 2025), presented the Supreme Court of...
Marriage, Guardians, and the Volitional Nature of Divorce in Texas: Commentary on Chief Justice Blacklock’s Concurrence in Benavides

Marriage, Guardians, and the Volitional Nature of Divorce in Texas: Commentary on Chief Justice Blacklock’s Concurrence in Benavides

Date: Apr 26, 2025
Marriage, Guardians, and the Volitional Nature of Divorce in Texas: Commentary on Chief Justice Blacklock’s Concurrence in In the Matter of the Marriage of Carlos Y. Benavides, Jr. and Leticia R....
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