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  • Commentaries
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state Case Commentaries

Enhanced Accountability in Attorney Conduct: The Chittur Precedent

Enhanced Accountability in Attorney Conduct: The Chittur Precedent

Date: Dec 27, 2024
Enhanced Accountability in Attorney Conduct: The Chittur Precedent Introduction The Supreme Court of New York's Second Department delivered a pivotal judgment on December 24, 2024, in the matter of...
Varnit v. Varnit: Enhanced Standards for Parental Access and Equitable Distribution

Varnit v. Varnit: Enhanced Standards for Parental Access and Equitable Distribution

Date: Dec 27, 2024
Varnit v. Varnit: Enhanced Standards for Parental Access and Equitable Distribution Introduction In the case of Michael Varnit, appellant, v. Shelly Varnit, respondent (2024 N.Y. Slip Op. 6557), the...
PEOPLE v. BROWN: Reinforcing Standards for Ineffective Assistance of Counsel in Defense Strategy Selection

PEOPLE v. BROWN: Reinforcing Standards for Ineffective Assistance of Counsel in Defense Strategy Selection

Date: Dec 27, 2024
PEOPLE v. BROWN: Reinforcing Standards for Ineffective Assistance of Counsel in Defense Strategy Selection Introduction In PEOPLE v. BROWN, 2024 N.Y. Slip Op. 6550, the Supreme Court of New York,...
Reversal of Neglect Finding Due to Insufficient Evidence and Procedural Missteps in Elina M. v. ACS

Reversal of Neglect Finding Due to Insufficient Evidence and Procedural Missteps in Elina M. v. ACS

Date: Dec 27, 2024
Reversal of Neglect Finding Due to Insufficient Evidence and Procedural Missteps in Elina M. v. ACS Introduction The case of Elina M. (Anonymous) v. Administration for Children's Services (ACS)...
Keen v. Tishman Construction: Clarifying Standards for Summary Judgment under Labor Law §240(1)

Keen v. Tishman Construction: Clarifying Standards for Summary Judgment under Labor Law §240(1)

Date: Dec 27, 2024
Keen v. Tishman Construction: Clarifying Standards for Summary Judgment under Labor Law §240(1) Introduction In the landmark case Jeanine Keen v. Tishman Construction Corporation of New York, et al.,...
Establishing Landowner Standing in Environmental Permit Appeals: Port City Air Leasing, Inc. v. New Hampshire Wetlands Council

Establishing Landowner Standing in Environmental Permit Appeals: Port City Air Leasing, Inc. v. New Hampshire Wetlands Council

Date: Dec 27, 2024
Establishing Landowner Standing in Environmental Permit Appeals: Port City Air Leasing, Inc. v. New Hampshire Wetlands Council Introduction In the case of Port City Air Leasing, Inc. v. New Hampshire...
Strict Timeliness in Indictment Challenges: State of New Hampshire v. Cleve Wilmot

Strict Timeliness in Indictment Challenges: State of New Hampshire v. Cleve Wilmot

Date: Dec 27, 2024
Strict Timeliness in Indictment Challenges: State of New Hampshire v. Cleve Wilmot Introduction In the case of State of New Hampshire v. Cleve Wilmot, decided by the Supreme Court of New Hampshire on...
Supreme Court of Missouri Sets Precedent on Satisfaction of Settlements with Open Claims - Hudson v. Joplin Regional Stockyards

Supreme Court of Missouri Sets Precedent on Satisfaction of Settlements with Open Claims - Hudson v. Joplin Regional Stockyards

Date: Dec 27, 2024
Supreme Court of Missouri Sets Precedent on Satisfaction of Settlements with Open Claims - Hudson v. Joplin Regional Stockyards, Inc. Introduction In the landmark case of Joe David Hudson v. Joplin...
Affirmation of Mail Notice Adequacy in Unemployment Determinations: Scott v. Idaho Department of Labor

Affirmation of Mail Notice Adequacy in Unemployment Determinations: Scott v. Idaho Department of Labor

Date: Dec 27, 2024
Affirmation of Mail Notice Adequacy in Unemployment Determinations: Scott v. Idaho Department of Labor Introduction The case of Chesla A. Scott v. Home Depot USA, Inc., Employer; G2 Secure Staff,...
Clerk's Compliance with Signature Verification Procedures Upheld in Election Contest

Clerk's Compliance with Signature Verification Procedures Upheld in Election Contest

Date: Dec 27, 2024
Clerk's Compliance with Signature Verification Procedures Upheld in Election Contest Introduction In the landmark case of KELLY T. KING et al. v. MOANA M. LUTEY et al., adjudicated by the Supreme...
Eligibility for Total Incapacity Benefits After Voluntary Retirement: Cochran v. Department of Transportation

Eligibility for Total Incapacity Benefits After Voluntary Retirement: Cochran v. Department of Transportation

Date: Dec 27, 2024
Eligibility for Total Incapacity Benefits After Voluntary Retirement: Cochran v. Department of Transportation 1. Introduction Stephen T. Cochran v. Department of Transportation is a landmark case...
California Supreme Court Sets Precedent on EMS Fee Disclosure Requirements

California Supreme Court Sets Precedent on EMS Fee Disclosure Requirements

Date: Dec 27, 2024
California Supreme Court Sets Precedent on EMS Fee Disclosure Requirements Introduction In the landmark case of Taylor Capito v. San Jose Healthcare System, LP, the California Supreme Court addressed...
Supreme Court of Pennsylvania Adopts Rule 1203: Strengthening Compliance with the Indian Child Welfare Act in Juvenile Proceedings

Supreme Court of Pennsylvania Adopts Rule 1203: Strengthening Compliance with the Indian Child Welfare Act in Juvenile Proceedings

Date: Dec 26, 2024
Supreme Court of Pennsylvania Adopts Rule 1203: Strengthening Compliance with the Indian Child Welfare Act in Juvenile Proceedings Introduction On December 23, 2024, the Supreme Court of Pennsylvania...
Enhancing Protection in Parenting Coordination: Amendments to Pennsylvania's Civil Procedure Rules

Enhancing Protection in Parenting Coordination: Amendments to Pennsylvania's Civil Procedure Rules

Date: Dec 26, 2024
Enhancing Protection in Parenting Coordination: Amendments to Pennsylvania's Civil Procedure Rules Introduction On December 23, 2024, the Supreme Court of Pennsylvania issued a pivotal order amending...
Montana Supreme Court Clarifies Procedural Standards and IAC Requirements in Post-Conviction Relief

Montana Supreme Court Clarifies Procedural Standards and IAC Requirements in Post-Conviction Relief

Date: Dec 26, 2024
Montana Supreme Court Clarifies Procedural Standards and IAC Requirements in Post-Conviction Relief Introduction In the case of Jace Cade Zeiler, Petitioner and Appellant, v. State of Montana,...
Clarifying the 'Knowing' Mental State in Sexual Intercourse Without Consent Charges: Montana Supreme Court Establishes Precedent

Clarifying the 'Knowing' Mental State in Sexual Intercourse Without Consent Charges: Montana Supreme Court Establishes Precedent

Date: Dec 26, 2024
Clarifying the 'Knowing' Mental State in Sexual Intercourse Without Consent Charges: Montana Supreme Court Establishes Precedent Introduction The Supreme Court of Montana delivered a pivotal decision...
Montana Supreme Court Establishes Strict Parameters for Express Easement Use and Limits Foy Exception for Attorney Fees

Montana Supreme Court Establishes Strict Parameters for Express Easement Use and Limits Foy Exception for Attorney Fees

Date: Dec 26, 2024
Montana Supreme Court Establishes Strict Parameters for Express Easement Use and Limits Foy Exception for Attorney Fees Introduction In the landmark case of Craig Baugh v. H2S2, LLC (2024 MT 314),...
Montana Supreme Court Establishes Standards for Voluntariness of Guilty Pleas

Montana Supreme Court Establishes Standards for Voluntariness of Guilty Pleas

Date: Dec 26, 2024
Montana Supreme Court Establishes Standards for Voluntariness of Guilty Pleas Introduction The case of State of Montana v. Zechariah Justin Daniel Smith (2024 MT 316) presents a significant...
Safeco's Right to Intervene under Rule 52.12(a)(2) in Wrongful Death Actions

Safeco's Right to Intervene under Rule 52.12(a)(2) in Wrongful Death Actions

Date: Dec 26, 2024
Safeco's Right to Intervene under Rule 52.12(a)(2) in Wrongful Death Actions Introduction The McCrackin v. Mullen and Safeco Insurance Company of America case, adjudicated by the Supreme Court of...
Mandatory Preliminary Orders in Mandamus Proceedings Reinforced: Vernell Beach v. Missouri

Mandatory Preliminary Orders in Mandamus Proceedings Reinforced: Vernell Beach v. Missouri

Date: Dec 26, 2024
Mandatory Preliminary Orders in Mandamus Proceedings Reinforced: Vernell Beach v. Missouri Introduction The case of Vernell Beach, by and through his natural mother and legal guardian, Yolanda...
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