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state Case Commentaries

Crossland v. Indiana: Refining Standards for Impartial Juries, Venue Transfers, Peremptory Challenges, and Defense Rights

Crossland v. Indiana: Refining Standards for Impartial Juries, Venue Transfers, Peremptory Challenges, and Defense Rights

Date: Apr 24, 2025
Crossland v. Indiana: Refining Standards for Impartial Juries, Venue Transfers, Peremptory Challenges, and Defense Rights Introduction In Chelsea L. Crossland v. State of Indiana (Ind. 2025), the...

        The Dual-Track Test for Fraudulent Conveyance Claims: Pine Valley Center, LLC v. Jacobs Refines Summary-Judgment Standards under former N.Y. Debtor & Creditor Law §§ 273 and 276

The Dual-Track Test for Fraudulent Conveyance Claims: Pine Valley Center, LLC v. Jacobs Refines Summary-Judgment Standards under former N.Y. Debtor & Creditor Law §§ 273 and 276

Date: Apr 24, 2025
The Dual-Track Test for Fraudulent Conveyance Claims: Pine Valley Center, LLC v. Jacobs Refines Summary-Judgment Standards under former N.Y. Debtor & Creditor Law §§ 273 and 276 1. Introduction In...
Validation of Exclusive Administrative Forum Clauses under Section 11-35-4230

Validation of Exclusive Administrative Forum Clauses under Section 11-35-4230

Date: Apr 24, 2025
Validation of Exclusive Administrative Forum Clauses under Section 11-35-4230 Introduction The consolidated appeals in Intellectual Capital, Inc. v. Chief Procurement Officer (Appellate Case No....
In re: Carl v. Williams – Establishing One-Year Suspension for Knowing Conversion of Client Funds

In re: Carl v. Williams – Establishing One-Year Suspension for Knowing Conversion of Client Funds

Date: Apr 24, 2025
In re: Carl v. Williams – Establishing One-Year Suspension for Knowing Conversion of Client Funds Introduction In In re: Carl v. Williams, 2025-B-0200 (La. 4/23/25), the Supreme Court of Louisiana...
Lopez v. Neira: Reaffirming the Court’s Non-Delegable Duty to Define Post-Counseling Parental Access Schedules

Lopez v. Neira: Reaffirming the Court’s Non-Delegable Duty to Define Post-Counseling Parental Access Schedules

Date: Apr 24, 2025
Lopez v. Neira: Reaffirming the Court’s Non-Delegable Duty to Define Post-Counseling Parental Access Schedules Introduction In Matter of Lopez v. Neira (2025 NY Slip Op 02345), the Appellate...
Parental Duties Unaffected by Guardianship: Clarifying Support, Communication, and Judicial Estoppel under Wyo. Stat. §14-2-309(a)(i)

Parental Duties Unaffected by Guardianship: Clarifying Support, Communication, and Judicial Estoppel under Wyo. Stat. §14-2-309(a)(i)

Date: Apr 24, 2025
Parental Duties Unaffected by Guardianship: Clarifying Support, Communication, and Judicial Estoppel under Wyo. Stat. §14-2-309(a)(i) Introduction This commentary examines Michael Session v. Michael...
Proportional Attorney Fee Awards under the Rhode Island Open Meetings Act: Discretion and Proportionality Affirmed

Proportional Attorney Fee Awards under the Rhode Island Open Meetings Act: Discretion and Proportionality Affirmed

Date: Apr 24, 2025
Proportional Attorney Fee Awards under the Rhode Island Open Meetings Act: Discretion and Proportionality Affirmed Introduction John Cullen v. Albion Fire District et al. (No. 2024-195-Appeal,...
“The Whitfield Clarification” – Pleading Injury in Fraud and Defining Freelancer Status under NY Labor Law & FLSA

“The Whitfield Clarification” – Pleading Injury in Fraud and Defining Freelancer Status under NY Labor Law & FLSA

Date: Apr 24, 2025
“The Whitfield Clarification” – Pleading Injury in Fraud and Defining Freelancer Status under NY Labor Law & FLSA Introduction Whitfield v. Law Enforcement Employees Benevolent Association (237...
Course-of-Conduct Modifications and Good-Faith Bonus Allocation: Commentary on Gutt v. North American Partners in Anesthesia, LLP (2025)

Course-of-Conduct Modifications and Good-Faith Bonus Allocation: Commentary on Gutt v. North American Partners in Anesthesia, LLP (2025)

Date: Apr 24, 2025
Course-of-Conduct Modifications and Good-Faith Bonus Allocation: Commentary on Gutt v. North American Partners in Anesthesia, LLP (2025 NY Slip Op 02326; 237 A.D.3d 1063) 1. Introduction Gutt v....
Substantial Evidence and Board Discretion in Alaska Workers’ Compensation Appeals

Substantial Evidence and Board Discretion in Alaska Workers’ Compensation Appeals

Date: Apr 24, 2025
Substantial Evidence and Harmless-Error Doctrine Affirmed in Alaska Workers’ Compensation Appeals Introduction This commentary examines the Supreme Court of Alaska’s April 23, 2025 Memorandum Opinion...
Clarifying Real Estate Licensee Liability: No Private Cause of Action Under the South Carolina Residential Property Condition Disclosure Act and the Justifiable Reliance Standard in Negligent Misrepresentation Claims

Clarifying Real Estate Licensee Liability: No Private Cause of Action Under the South Carolina Residential Property Condition Disclosure Act and the Justifiable Reliance Standard in Negligent Misrepresentation Claims

Date: Apr 24, 2025
Clarifying Real Estate Licensee Liability: No Private Cause of Action Under the South Carolina Residential Property Condition Disclosure Act and the Justifiable Reliance Standard in Negligent...
Defining “Intra-Agency Deliberative Material” Under Indiana’s APRA

Defining “Intra-Agency Deliberative Material” Under Indiana’s APRA

Date: Apr 24, 2025
Defining “Intra-Agency Deliberative Material” Under Indiana’s APRA 1. Introduction Family & Social Services Administration v. Robert E. Saint (No. 25S-MI-101, decided April 23, 2025) is a landmark...
FAPA Estoppel Solidified: Dismissal for RPAPL 1304 Non-Compliance Does Not Undo Mortgage Acceleration – A Commentary on Brennan v. Deutsche Bank Trust Co. Americas (2025)

FAPA Estoppel Solidified: Dismissal for RPAPL 1304 Non-Compliance Does Not Undo Mortgage Acceleration – A Commentary on Brennan v. Deutsche Bank Trust Co. Americas (2025)

Date: Apr 24, 2025
FAPA Estoppel Solidified: Dismissal for RPAPL 1304 Non-Compliance Does Not Undo Mortgage Acceleration – Brennan v. Deutsche Bank Trust Co. Americas (2025) Introduction Brennan v. Deutsche Bank Trust...
Clarification of Sentencing Enhancements Under West Virginia Code §60A-4-408: Fact of Prior Conviction and PSR Objections

Clarification of Sentencing Enhancements Under West Virginia Code §60A-4-408: Fact of Prior Conviction and PSR Objections

Date: Apr 23, 2025
Clarification of Sentencing Enhancements Under West Virginia Code §60A-4-408: Fact of Prior Conviction and PSR Objections Introduction The Supreme Court of Appeals of West Virginia in State of West...
Domicile Requirement for Ripening Out-of-State Common Law Marriages under Montana Law

Domicile Requirement for Ripening Out-of-State Common Law Marriages under Montana Law

Date: Apr 23, 2025
Domicile Requirement for Ripening Out-of-State Common Law Marriages under Montana Law Introduction This commentary examines the Supreme Court of Montana’s decision in Estate of Estel Neven Zugg (2025...
Strict Compliance with Montana Service-of-Process Rules: Warner v. State

Strict Compliance with Montana Service-of-Process Rules: Warner v. State

Date: Apr 23, 2025
Strict Compliance with Montana Service-of-Process Rules: Warner v. State Introduction Warner v. State, decided by the Supreme Court of Montana on April 22, 2025 (2025 MT 80N), arose from a pro se...
Integral Repair Services as Employment: Borrson v. Weeks and the Relative Nature Test in Hawaiʻi Workers’ Compensation

Integral Repair Services as Employment: Borrson v. Weeks and the Relative Nature Test in Hawaiʻi Workers’ Compensation

Date: Apr 23, 2025
Integral Repair Services as Employment: Borrson v. Weeks and the Relative Nature Test in Hawaiʻi Workers’ Compensation 1. Introduction In Borrson v. Weeks (Haw. 2025), the Hawaiʻi Supreme Court...
Due Process Confrontation Balancing in Probation Revocation: State v. Wade

Due Process Confrontation Balancing in Probation Revocation: State v. Wade

Date: Apr 23, 2025
Due Process Confrontation Balancing in Probation Revocation: State v. Wade Introduction The Connecticut Supreme Court’s decision in State of Connecticut v. Jaquan Wade (SC 20983, decided April 22,...
Affirmation of Res Judicata in Successive Habeas Corpus Petitions

Affirmation of Res Judicata in Successive Habeas Corpus Petitions

Date: Apr 23, 2025
Affirmation of Res Judicata in Successive Habeas Corpus Petitions Introduction In Michael Dewayne Hicks v. Donald Ames, Superintendent, the Supreme Court of Appeals of West Virginia addressed the...
Res Ipsa Loquitur for Fixture-Based Premises Liability: Indiana’s New Frontier

Res Ipsa Loquitur for Fixture-Based Premises Liability: Indiana’s New Frontier

Date: Apr 23, 2025
Res Ipsa Loquitur for Fixture-Based Premises Liability: Indiana’s New Frontier Introduction In Kiera Isgrig v. Trustees of Indiana University (Ind. 2025), the Indiana Supreme Court for the first time...
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