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  • Commentaries
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state Case Commentaries

Limits on Primary Assumption of Risk: Municipal Liability for Negligent Maintenance of Recreational Premises

Limits on Primary Assumption of Risk: Municipal Liability for Negligent Maintenance of Recreational Premises

Date: Apr 16, 2025
Limits on Primary Assumption of Risk: Municipal Liability for Negligent Maintenance of Recreational Premises Introduction Maharaj v. City of New York, 2025 NY Slip Op 02143, decided April 15, 2025 by...
Sanctions for Scheduling-Order Violations: Discretionary Attorney Fees under I.R.C.P. 16(e) and Idaho Code § 12-121

Sanctions for Scheduling-Order Violations: Discretionary Attorney Fees under I.R.C.P. 16(e) and Idaho Code § 12-121

Date: Apr 16, 2025
Sanctions for Scheduling-Order Violations: Discretionary Attorney Fees under I.R.C.P. 16(e) and Idaho Code § 12-121 Introduction This commentary examines the Supreme Court of Idaho’s decision in...
Missouri Recognizes the State’s Right to Appeal § 547.031 Vacatur Judgments Under § 512.020(5)

Missouri Recognizes the State’s Right to Appeal § 547.031 Vacatur Judgments Under § 512.020(5)

Date: Apr 16, 2025
Missouri Recognizes the State’s Right to Appeal § 547.031 Vacatur Judgments Under § 512.020(5) Case: In re: Circuit Attorney, 22nd Judicial Circuit ex rel. Dunn (No. SC100878) Court: Supreme Court of...
Inclusion of Common Law within “Law” under Michigan’s Whistleblowers’ Protection Act

Inclusion of Common Law within “Law” under Michigan’s Whistleblowers’ Protection Act

Date: Apr 15, 2025
Inclusion of Common Law within “Law” under Michigan’s Whistleblowers’ Protection Act 1. Introduction This commentary examines the Supreme Court of Michigan’s decision in James Stefanski v. Saginaw...
Clarifying “Able to Provide Support” in Michigan Child‐Protective Jurisdiction under MCL 712A.2(b)

Clarifying “Able to Provide Support” in Michigan Child‐Protective Jurisdiction under MCL 712A.2(b)

Date: Apr 15, 2025
Clarifying “Able to Provide Support” in Michigan Child‐Protective Jurisdiction under MCL 712A.2(b) 1. Introduction In In re D. V. Lange, Minor (Mich 2025), the Michigan Supreme Court resolved a...
Watson v. State: New Precedent on Concealment Evidence in Carrying Concealed Deadly Weapons Charges

Watson v. State: New Precedent on Concealment Evidence in Carrying Concealed Deadly Weapons Charges

Date: Apr 15, 2025
Watson v. State: New Precedent on Concealment Evidence in Carrying Concealed Deadly Weapons Charges Introduction Watson v. State is a 2025 decision of the Supreme Court of Delaware that clarifies the...
“Practicable to Proceed,” Not “Probable Cause”: The Texas Supreme Court Clarifies Juvenile Transfer Standard Under Family Code § 54.02(j)(4)(A)

“Practicable to Proceed,” Not “Probable Cause”: The Texas Supreme Court Clarifies Juvenile Transfer Standard Under Family Code § 54.02(j)(4)(A)

Date: Apr 15, 2025
“Practicable to Proceed,” Not “Probable Cause”: The Texas Supreme Court Clarifies Juvenile Transfer Standard Under Family Code § 54.02(j)(4)(A) I. Introduction In In the Matter of J.J.T., No. 23-1028...
The Implied Willfulness Requirement for Disregarding a Police Officer’s Signal

The Implied Willfulness Requirement for Disregarding a Police Officer’s Signal

Date: Apr 15, 2025
The Implied Willfulness Requirement for Disregarding a Police Officer’s Signal Introduction In Waller v. State, 285 A.2d 805 (Del. 2025), the Supreme Court of Delaware addressed the mens rea element...
Channeling Prosecutorial Appeals in Colorado: As‑Applied Constitutional Dismissals Go to the Court of Appeals; Misfiled Appeals Must Be Transferred, Not Dismissed

Channeling Prosecutorial Appeals in Colorado: As‑Applied Constitutional Dismissals Go to the Court of Appeals; Misfiled Appeals Must Be Transferred, Not Dismissed

Date: Apr 15, 2025
Channeling Prosecutorial Appeals in Colorado: As‑Applied Constitutional Dismissals Go to the Court of Appeals; Misfiled Appeals Must Be Transferred, Not Dismissed Case: People of the State of...
Authority of the Department to Conduct Restoration Evaluations as Services Necessary to Competency Restoration

Authority of the Department to Conduct Restoration Evaluations as Services Necessary to Competency Restoration

Date: Apr 15, 2025
Authority of the Department to Conduct Restoration Evaluations as Services Necessary to Competency Restoration Introduction In In Re The People of the State of Colorado, In the Interest of Juvenile:...
Discovery in Statutory Hospital-Lien Class Actions Is Limited to Billing-and-Lien Elements: Garcia v. Centura Health (Colo. 2025)

Discovery in Statutory Hospital-Lien Class Actions Is Limited to Billing-and-Lien Elements: Garcia v. Centura Health (Colo. 2025)

Date: Apr 15, 2025
Discovery in Statutory Hospital-Lien Class Actions Is Limited to Billing-and-Lien Elements: Garcia v. Centura Health (Colo. 2025) Introduction In a significant clarification of the discovery rules...
The Exterior Access Doctrine: Probable Cause to Search Vehicle Trunks under the Automobile Exception

The Exterior Access Doctrine: Probable Cause to Search Vehicle Trunks under the Automobile Exception

Date: Apr 15, 2025
The Exterior Access Doctrine: Probable Cause to Search Vehicle Trunks under the Automobile Exception Introduction This case, The People of the State of Colorado v. Sheron Mario Furness (2025 CO 16),...
Jurisdictional Rule for Appeals from As-Applied Constitutional Dismissals: Supreme Court Transfers to Court of Appeals

Jurisdictional Rule for Appeals from As-Applied Constitutional Dismissals: Supreme Court Transfers to Court of Appeals

Date: Apr 15, 2025
Jurisdictional Rule for Appeals from As-Applied Constitutional Dismissals: Supreme Court Transfers to Court of Appeals Introduction This commentary examines the Colorado Supreme Court’s decision in...
Strict Limits on Discovery in Wrongful Hospital Lien Actions: Relevance and Proportionality Required

Strict Limits on Discovery in Wrongful Hospital Lien Actions: Relevance and Proportionality Required

Date: Apr 15, 2025
Strict Limits on Discovery in Wrongful Hospital Lien Actions: Relevance and Proportionality Required Introduction In In Re Jina Garcia, individually and on behalf of others similarly situated v....
No Bright-Line “Interior Access” Requirement: Colorado Clarifies Trunk Searches Under the Automobile Exception in People v. Furness

No Bright-Line “Interior Access” Requirement: Colorado Clarifies Trunk Searches Under the Automobile Exception in People v. Furness

Date: Apr 15, 2025
No Bright-Line “Interior Access” Requirement: Colorado Clarifies Trunk Searches Under the Automobile Exception in People v. Furness Introduction In People v. Furness, 2025 CO 16, the Colorado Supreme...
Reliance on Contemporaneous Unrelated Case Competency Evaluations and Preservation of Due Process Rights

Reliance on Contemporaneous Unrelated Case Competency Evaluations and Preservation of Due Process Rights

Date: Apr 15, 2025
Reliance on Contemporaneous Unrelated Case Competency Evaluations and Preservation of Due Process Rights Introduction In State of New Hampshire v. S.B. (No. 2023-0417, Apr. 14, 2025), the Supreme...
Principle of Prosecutorial Competence and Diligence in Charging Decisions

Principle of Prosecutorial Competence and Diligence in Charging Decisions

Date: Apr 12, 2025
Principle of Prosecutorial Competence and Diligence in Charging Decisions Introduction In In the Matter of April Arlene Sponsel, 2025 Ariz. LEXIS ___, the Arizona Supreme Court affirmed a two-year...
Post-Remand Application of Neb. Rev. Stat. § 25-901 Cost-Shifting Rule

Post-Remand Application of Neb. Rev. Stat. § 25-901 Cost-Shifting Rule

Date: Apr 12, 2025
Post-Remand Application of Neb. Rev. Stat. § 25-901 Cost-Shifting Rule Introduction This case arises from a dispute over property tax sales and subsequent unjust enrichment claims among Boone River,...
When “Transient” Status Is Disputed, Kansas Courts Must Instruct on KORA’s Statutory Definitions—Failure Is Clear Error

When “Transient” Status Is Disputed, Kansas Courts Must Instruct on KORA’s Statutory Definitions—Failure Is Clear Error

Date: Apr 12, 2025
When “Transient” Status Is Disputed, Kansas Courts Must Instruct on KORA’s Statutory Definitions—Failure Is Clear Error Introduction In State v. Ballard, the Kansas Supreme Court clarified a critical...
Raoger Corporation v. Myers: Circumstantial Evidence, “Inference on Inference,” and the High Bar for Obvious Intoxication Under the Texas Dram Shop Act

Raoger Corporation v. Myers: Circumstantial Evidence, “Inference on Inference,” and the High Bar for Obvious Intoxication Under the Texas Dram Shop Act

Date: Apr 12, 2025
Raoger Corporation v. Myers: Circumstantial Evidence, “Inference on Inference,” and the High Bar for Obvious Intoxication Under the Texas Dram Shop Act I. Introduction In Raoger Corporation v. Myers,...
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