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  • Commentaries
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state Case Commentaries

Supreme Court of Ohio Reinforces Mandamus Procedures and Naming Requirements: Clarifying R.C. 2731.04 and Rules 12.04–12.05 (2025-Ohio-1313)

Supreme Court of Ohio Reinforces Mandamus Procedures and Naming Requirements: Clarifying R.C. 2731.04 and Rules 12.04–12.05 (2025-Ohio-1313)

Date: Apr 17, 2025
Supreme Court of Ohio Reinforces Mandamus Procedures and Naming Requirements: Clarifying R.C. 2731.04 and Rules 12.04–12.05 (2025-Ohio-1313) Introduction On April 16, 2025, the Supreme Court of Ohio...
Targeted SI‑Joint Diagnostics Prevail Over Degenerative MRI Findings in Establishing “A Major Contributing Cause”; Odd‑Lot PTD Demands a Reasonable Job Search

Targeted SI‑Joint Diagnostics Prevail Over Degenerative MRI Findings in Establishing “A Major Contributing Cause”; Odd‑Lot PTD Demands a Reasonable Job Search

Date: Apr 17, 2025
Targeted SI‑Joint Diagnostics Prevail Over Degenerative MRI Findings in Establishing “A Major Contributing Cause”; Odd‑Lot PTD Demands a Reasonable Job Search Case: Brewer v. Tectum Holdings, Inc.,...
Administrative License Suspension Hearings: Non-Jurisdictional Nature of Statutory Time Limits and Prejudice Requirement

Administrative License Suspension Hearings: Non-Jurisdictional Nature of Statutory Time Limits and Prejudice Requirement

Date: Apr 17, 2025
Administrative License Suspension Hearings: Non-Jurisdictional Nature of Statutory Time Limits and Prejudice Requirement Introduction The case of Kyla Bernard-Nichols v. Director, New Hampshire...
Evidentiary Hearing Mandate for PAB Summary Dispositions in Termination Appeals

Evidentiary Hearing Mandate for PAB Summary Dispositions in Termination Appeals

Date: Apr 17, 2025
Evidentiary Hearing Mandate for PAB Summary Dispositions in Termination Appeals Introduction This case arises from an appeal by the New Hampshire Department of Corrections (“DOC”) of a Personnel...
Permissible Combination of Multi-Specialty Impairment Ratings for Whole Person Impairment Determination

Permissible Combination of Multi-Specialty Impairment Ratings for Whole Person Impairment Determination

Date: Apr 17, 2025
Permissible Combination of Multi-Specialty Impairment Ratings for Whole Person Impairment Determination Introduction Arch Coal, Inc. v. Howard, 2025 WL ______ (W. Va. Apr. 16, 2025), represents a...
Clarifying the Special Duty Requirement in Municipal Negligence: McLain v. City of New York

Clarifying the Special Duty Requirement in Municipal Negligence: McLain v. City of New York

Date: Apr 17, 2025
Clarifying the Special Duty Requirement in Municipal Negligence: McLain v. City of New York Introduction Geltzer v. City of New York (2025 NYSlipOp 02191) presents a collision of procedural and...
Trial Court’s Discretion in Self-Defense Jury Instructions: Precision of Verbiage Not Required When Law Is Adequately Covered

Trial Court’s Discretion in Self-Defense Jury Instructions: Precision of Verbiage Not Required When Law Is Adequately Covered

Date: Apr 17, 2025
Trial Court’s Discretion in Self-Defense Jury Instructions: Precision of Verbiage Not Required When Law Is Adequately Covered Introduction State v. Mark Anthony Hailey Jr. (Supreme Court of South...
Substance Over Form and the Anti‑Clogging Rule: Unambiguous Sale–Leaseback Papers May Be Recast as an Equitable Mortgage Without Extrinsic Evidence

Substance Over Form and the Anti‑Clogging Rule: Unambiguous Sale–Leaseback Papers May Be Recast as an Equitable Mortgage Without Extrinsic Evidence

Date: Apr 17, 2025
Substance Over Form and the Anti‑Clogging Rule: Unambiguous Sale–Leaseback Papers May Be Recast as an Equitable Mortgage Without Extrinsic Evidence Case: Sturzenbecher v. Sioux County Ranch, LLC,...
Spousal Privilege Under Rule 504: Testimony Excluded, Communications Admissible

Spousal Privilege Under Rule 504: Testimony Excluded, Communications Admissible

Date: Apr 17, 2025
Spousal Privilege Under Rule 504: Testimony Excluded, Communications Admissible Introduction State v. Bradley (2025 N.H. 17) is an interlocutory appeal decided by the Supreme Court of New Hampshire...
Inclusion of Pedestrian Warning Signs Within “Highways” Under RSA 231:92

Inclusion of Pedestrian Warning Signs Within “Highways” Under RSA 231:92

Date: Apr 17, 2025
Inclusion of Pedestrian Warning Signs Within “Highways” Under RSA 231:92 Introduction Felts v. City of Rochester, 2025 N.H. 16 (April 16, 2025), is an interlocutory appeal decided by the Supreme...
Reasonableness Standard for Survivorship Transfers Under Mutual Wills

Reasonableness Standard for Survivorship Transfers Under Mutual Wills

Date: Apr 17, 2025
Reasonableness Standard for Survivorship Transfers Under Mutual Wills Introduction This commentary examines the Supreme Court of New Hampshire’s decision in Michelle Boucher, individually and as...
Appeal Availability Precludes Mandamus Relief: The Adequate Remedy Principle in State ex rel. Tentman v. Sundermann

Appeal Availability Precludes Mandamus Relief: The Adequate Remedy Principle in State ex rel. Tentman v. Sundermann

Date: Apr 17, 2025
Appeal Availability Precludes Mandamus Relief: The Adequate Remedy Principle in State ex rel. Tentman v. Sundermann Introduction In State ex rel. Tentman v. Sundermann (2025-Ohio-1284), the Supreme...
Validity of Forged Deeds under A.R.S. § 12-524’s Five-Year Limitations Period

Validity of Forged Deeds under A.R.S. § 12-524’s Five-Year Limitations Period

Date: Apr 17, 2025
Validity of Forged Deeds under A.R.S. § 12-524’s Five-Year Limitations Period Introduction Dominguez v. Dominguez (Supreme Court of Arizona, April 16, 2025) addresses a family dispute over ownership...
Clarifying the Reinstatement Burden: Minnesota Endorses “High-Probability” Clear-and-Convincing Standard and Requires Corroborated Proof of Competence

Clarifying the Reinstatement Burden: Minnesota Endorses “High-Probability” Clear-and-Convincing Standard and Requires Corroborated Proof of Competence

Date: Apr 17, 2025
Clarifying the Reinstatement Burden: Minnesota Endorses “High-Probability” Clear-and-Convincing Standard and Requires Corroborated Proof of Competence Introduction In In re Petition for Reinstatement...
Rebutting the PTD Retirement Presumption at Age 67: Minnesota Supreme Court Confirms Preponderance Standard and Case-Specific Balancing

Rebutting the PTD Retirement Presumption at Age 67: Minnesota Supreme Court Confirms Preponderance Standard and Case-Specific Balancing

Date: Apr 17, 2025
Rebutting the PTD Retirement Presumption at Age 67: Minnesota Supreme Court Confirms Preponderance Standard and Case-Specific Balancing Introduction In Simonson v. Douglas County, 19 N.W.3d 447...
Dual-Status Technicians Earn Paid Military Leave While on Title 10 Duty; No Antimilitary Animus Needed for USERRA Claims Involving Military-Only Benefits

Dual-Status Technicians Earn Paid Military Leave While on Title 10 Duty; No Antimilitary Animus Needed for USERRA Claims Involving Military-Only Benefits

Date: Apr 17, 2025
Dual-Status Technicians Earn Paid Military Leave While on Title 10 Duty; No Antimilitary Animus Needed for USERRA Claims Involving Military-Only Benefits Case: Christiansen v. Major General Morrell,...
Assignment of Municipal Tax Liens under §12-195h: Standing, Summary Judgment, and Foreclosure Practice

Assignment of Municipal Tax Liens under §12-195h: Standing, Summary Judgment, and Foreclosure Practice

Date: Apr 16, 2025
Assignment of Municipal Tax Liens under §12-195h: Standing, Summary Judgment, and Foreclosure Practice Introduction Cazenovia Creek Funding I, LLC (later Benchmark Municipal Tax Services, Ltd.) v....
Affirmation of Supreme Court of Ohio’s Summary Dismissal Authority and Discretionary Control Over Delayed Appeals

Affirmation of Supreme Court of Ohio’s Summary Dismissal Authority and Discretionary Control Over Delayed Appeals

Date: Apr 16, 2025
Affirmation of Supreme Court of Ohio’s Summary Dismissal Authority and Discretionary Control Over Delayed Appeals Introduction On April 15, 2025, the Supreme Court of Ohio issued its case...
Common Pleas Courts Retain Declaratory-Judgment Jurisdiction Over Transferred Municipal Court Claims

Common Pleas Courts Retain Declaratory-Judgment Jurisdiction Over Transferred Municipal Court Claims

Date: Apr 16, 2025
Common Pleas Courts Retain Declaratory-Judgment Jurisdiction Over Transferred Municipal Court Claims Introduction In State ex rel. Schwarzmer v. Mazzone (2025-Ohio-1246), the Supreme Court of Ohio...
Discretion, Not Mandate: Texas Supreme Court Holds Universities May Withhold FERPA‑Authorized Disciplinary Records Without Attorney‑General Review

Discretion, Not Mandate: Texas Supreme Court Holds Universities May Withhold FERPA‑Authorized Disciplinary Records Without Attorney‑General Review

Date: Apr 16, 2025
Discretion, Not Mandate: Texas Supreme Court Holds Universities May Withhold FERPA‑Authorized Disciplinary Records Without Attorney‑General Review I. Introduction This commentary analyzes the Supreme...
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