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  • Commentaries
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state Case Commentaries

Distinguishing Knowledge of a Lawsuit from Service of Citation: The Supreme Court of Texas Refines the Craddock Test in Tabakman v. Tabakman

Distinguishing Knowledge of a Lawsuit from Service of Citation: The Supreme Court of Texas Refines the Craddock Test in Tabakman v. Tabakman

Date: Apr 12, 2025
Distinguishing Knowledge of a Lawsuit from Service of Citation: The Supreme Court of Texas Refines the Craddock Test in Tabakman v. Tabakman I. Introduction The Supreme Court of Texas’s per curiam...
Substantial Compliance in Employer Random Drug‐Testing Pools: Hampe v. Charles Gabus Motors

Substantial Compliance in Employer Random Drug‐Testing Pools: Hampe v. Charles Gabus Motors

Date: Apr 12, 2025
Substantial Compliance in Employer Random Drug‐Testing Pools: Hampe v. Charles Gabus Motors Introduction This commentary examines the Iowa Supreme Court’s April 11, 2025 decision in Scott Hampe v....
Agency Possession Estoppel: Validity of Leases by Non-Title-Holding Lessors

Agency Possession Estoppel: Validity of Leases by Non-Title-Holding Lessors

Date: Apr 12, 2025
Agency Possession Estoppel: Validity of Leases by Non-Title-Holding Lessors Introduction In Hembree Insurance Trust v. Maples Industries, Inc., the Supreme Court of Alabama addressed whether a named...
Clarifying Municipal Immunity Under RSA 507-B: “Operation of Premises” and the Abrogation of Common‐Law Negligence Claims

Clarifying Municipal Immunity Under RSA 507-B: “Operation of Premises” and the Abrogation of Common‐Law Negligence Claims

Date: Apr 12, 2025
Clarifying Municipal Immunity Under RSA 507-B: “Operation of Premises” and the Abrogation of Common-Law Negligence Claims Introduction In L.B., a minor v. G.T., a minor, & a. (2025), the Supreme...
State v. Ervin: Kansas Supreme Court Mandates Full Jail-Time Credit in Each Case under K.S.A. 21-6615(a)—Even with Consecutive Sentences—and Clarifies Felony-Murder Causation After Police Pursuit Ends

State v. Ervin: Kansas Supreme Court Mandates Full Jail-Time Credit in Each Case under K.S.A. 21-6615(a)—Even with Consecutive Sentences—and Clarifies Felony-Murder Causation After Police Pursuit Ends

Date: Apr 12, 2025
State v. Ervin: Kansas Supreme Court Mandates Full Jail-Time Credit in Each Case under K.S.A. 21-6615(a)—Even with Consecutive Sentences—and Clarifies Felony-Murder Causation After Police Pursuit...
Nebraska’s §25-901 Offer of Judgment: Cost-Shifting on Remand and Exclusion of Attorney Fees

Nebraska’s §25-901 Offer of Judgment: Cost-Shifting on Remand and Exclusion of Attorney Fees

Date: Apr 12, 2025
Nebraska’s §25-901 Offer of Judgment: Cost-Shifting on Remand and Exclusion of Attorney Fees Introduction This commentary examines the Supreme Court of Nebraska’s decision in Boone River, LLC v....
Caldwell v. Champlain College: Reinforcing FEPA Burden-Shifting and Summary Judgment Rigor

Caldwell v. Champlain College: Reinforcing FEPA Burden-Shifting and Summary Judgment Rigor

Date: Apr 12, 2025
Caldwell v. Champlain College: Reinforcing FEPA Burden-Shifting and Summary Judgment Rigor Introduction In Robert Caldwell v. Champlain College Incorporated, the Supreme Court of Vermont addressed...
Litigation Privilege and Stringent Standards for Post-Judgment Tort Claims: NIED, Malicious Prosecution, and Abuse of Process in David Griffith v. Hemphill

Litigation Privilege and Stringent Standards for Post-Judgment Tort Claims: NIED, Malicious Prosecution, and Abuse of Process in David Griffith v. Hemphill

Date: Apr 12, 2025
Litigation Privilege and Stringent Standards for Post-Judgment Tort Claims: NIED, Malicious Prosecution, and Abuse of Process in David Griffith v. Hemphill Introduction In David Griffith v. Roger...
Whole-Water Antidegradation Review Under Texas Law: Commentary on Save Our Springs Alliance v. TCEQ & City of Dripping Springs

Whole-Water Antidegradation Review Under Texas Law: Commentary on Save Our Springs Alliance v. TCEQ & City of Dripping Springs

Date: Apr 12, 2025
Whole-Water Antidegradation Review Under Texas Law: Commentary on Save Our Springs Alliance, Inc. v. TCEQ & City of Dripping Springs I. Introduction In Save Our Springs Alliance, Inc. v. Texas...
Extension of Parks: Individualized Sentencing Required Before LWOP for 19- and 20-Year-Old First-Degree Murderers

Extension of Parks: Individualized Sentencing Required Before LWOP for 19- and 20-Year-Old First-Degree Murderers

Date: Apr 11, 2025
Extension of Parks: Individualized Sentencing Required Before LWOP for 19- and 20-Year-Old First-Degree Murderers Introduction This commentary examines the Michigan Supreme Court’s April 10, 2025...
Availability of Collective-Bargaining Grievance Procedures as an Adequate Remedy Bars Mandamus Relief

Availability of Collective-Bargaining Grievance Procedures as an Adequate Remedy Bars Mandamus Relief

Date: Apr 11, 2025
Availability of Collective-Bargaining Grievance Procedures as an Adequate Remedy Bars Mandamus Relief Introduction In State ex rel. Johnston v. North Olmsted City School Dist. Bd. of Edn., Slip...
Juror Misconduct as Manifest Necessity and Double Jeopardy Protection in Hawkins v. State

Juror Misconduct as Manifest Necessity and Double Jeopardy Protection in Hawkins v. State

Date: Apr 11, 2025
Juror Misconduct as Manifest Necessity and Double Jeopardy Protection in Hawkins v. State Introduction Hawkins v. State, decided April 10, 2025 by the Mississippi Supreme Court, addresses critical...
Superseding Cause Doctrine in Premises Liability: Intentional Intervening Acts Exonerate Property Owners

Superseding Cause Doctrine in Premises Liability: Intentional Intervening Acts Exonerate Property Owners

Date: Apr 11, 2025
Superseding Cause Doctrine in Premises Liability: Intentional Intervening Acts Exonerate Property Owners Introduction The case of Gignak v. Bruno, decided on April 10, 2025 by the Appellate Division...
Requirement of Detailed Justification for FOIL Trade Secret Exemptions

Requirement of Detailed Justification for FOIL Trade Secret Exemptions

Date: Apr 11, 2025
Requirement of Detailed Justification for FOIL Trade Secret Exemptions Introduction Matter of Standardbred Owners Assn., Inc. v. New York State Gaming Commission, 2025 NYSlipOp 02123 (App. Div. 3d...
Sovereign Immunity and Fact-Pleading Requirements for Declaratory and Injunctive Relief (2025 Ark. 34)

Sovereign Immunity and Fact-Pleading Requirements for Declaratory and Injunctive Relief (2025 Ark. 34)

Date: Apr 11, 2025
Sovereign Immunity and Fact-Pleading Requirements for Declaratory and Injunctive Relief (2025 Ark. 34) Introduction In Jonathan Brizendine and Melissa Brizendine v. Department of Human Services of...
Independent Enforcement of Cash Management Provisions Not Barred by RPAPL 1301(3)

Independent Enforcement of Cash Management Provisions Not Barred by RPAPL 1301(3)

Date: Apr 11, 2025
Independent Enforcement of Cash Management Provisions Not Barred by RPAPL 1301(3) Introduction U.S. Bank N.A. v. MAve Hotel Investors LLC (2025 NYSlipOp 02140) clarifies that a lender may bring a...
Employers Cannot Recoup GML §207-a(2) Payments through WCL §§25(4)(a) and 30(2): Matter of Schulze v. City of Newburgh Fire Department

Employers Cannot Recoup GML §207-a(2) Payments through WCL §§25(4)(a) and 30(2): Matter of Schulze v. City of Newburgh Fire Department

Date: Apr 11, 2025
Employers Cannot Recoup GML §207-a(2) Payments through WCL §§25(4)(a) and 30(2): Matter of Schulze v. City of Newburgh Fire Department Introduction Matter of Schulze v. City of Newburgh Fire...
Clarifying the Policy-Influencing Intent Requirement Under New York’s Crime of Terrorism Statute

Clarifying the Policy-Influencing Intent Requirement Under New York’s Crime of Terrorism Statute

Date: Apr 11, 2025
Clarifying the Policy-Influencing Intent Requirement Under New York’s Crime of Terrorism Statute 1. Introduction People v. Parker, 2025 NY Slip Op 02108 (App. Div. 3d Dep’t Apr. 10, 2025), arises...
Community Workforce Agreements as “Rules”: ODOT Must Follow Oregon APA Notice-and-Comment Procedures

Community Workforce Agreements as “Rules”: ODOT Must Follow Oregon APA Notice-and-Comment Procedures

Date: Apr 11, 2025
Community Workforce Agreements as “Rules”: ODOT Must Follow Oregon APA Notice-and-Comment Procedures Introduction This case, Oregon-Columbia Chapter AGC of America v. Department of Transportation...
Mandating Reasoned and Specific Findings in Child Custody, Parenting Time, and Equitable Property Distribution

Mandating Reasoned and Specific Findings in Child Custody, Parenting Time, and Equitable Property Distribution

Date: Apr 11, 2025
Mandating Reasoned and Specific Findings in Child Custody, Parenting Time, and Equitable Property Distribution Introduction The Supreme Court of North Dakota’s decision in Shively v. Shively, 2025 ND...
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