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  • Commentaries
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state Case Commentaries

Affirmation of Elective Share Rights for Surviving Spouses Amidst Temporary Marital Orders

Affirmation of Elective Share Rights for Surviving Spouses Amidst Temporary Marital Orders

Date: Dec 23, 2024
Affirmation of Elective Share Rights for Surviving Spouses Amidst Temporary Marital Orders Introduction The case of Deborah T. Weeks v. David W. Weeks, adjudicated by the Supreme Court of South...
Definitive Suspension of Attorney George Harold Hanlin: Strengthening Standards of Diligence and Communication in Legal Practice

Definitive Suspension of Attorney George Harold Hanlin: Strengthening Standards of Diligence and Communication in Legal Practice

Date: Dec 23, 2024
Definitive Suspension of Attorney George Harold Hanlin: Strengthening Standards of Diligence and Communication in Legal Practice Introduction The Supreme Court of South Carolina issued a decisive...
Establishment of Administrative Leadership in South Carolina Summary Courts

Establishment of Administrative Leadership in South Carolina Summary Courts

Date: Dec 23, 2024
Establishment of Administrative Leadership in South Carolina Summary Courts Introduction The recent judgment titled "RE Chief Judges for Administrative Purposes of the Summary Courts", delivered by...
Reaffirming Strict Standards for Default Judgment Relief under Rule 60(b) and Rule 55(c): Insights from Willie Gray v. City of Providence

Reaffirming Strict Standards for Default Judgment Relief under Rule 60(b) and Rule 55(c): Insights from Willie Gray v. City of Providence

Date: Dec 23, 2024
Reaffirming Strict Standards for Default Judgment Relief under Rule 60(b) and Rule 55(c): Insights from Willie Gray et al. v. City of Providence et al. Introduction The case of Willie Gray et al. v....
Establishing Reasonable Suspicion Standards in Vehicular Stops: North Dakota v. Werner

Establishing Reasonable Suspicion Standards in Vehicular Stops: North Dakota v. Werner

Date: Dec 23, 2024
Establishing Reasonable Suspicion Standards in Vehicular Stops: North Dakota v. Werner Introduction In the landmark case State of North Dakota v. Charles Robert Werner, decided on December 19, 2024,...
Clarifying County Subdivision Authority Over Township Zoned Areas: Cass County v. KNB Properties LLC and Delta Dawn, LLP

Clarifying County Subdivision Authority Over Township Zoned Areas: Cass County v. KNB Properties LLC and Delta Dawn, LLP

Date: Dec 23, 2024
Clarifying County Subdivision Authority Over Township Zoned Areas: Cass County v. KNB Properties LLC and Delta Dawn, LLP Introduction The case of Cass County, North Dakota, Plaintiff and Appellee v....
Exclusive Remedy for Postconviction Relief Affirmed in State v. Eagleman

Exclusive Remedy for Postconviction Relief Affirmed in State v. Eagleman

Date: Dec 23, 2024
Exclusive Remedy for Postconviction Relief Affirmed in State v. Eagleman Introduction In State of North Dakota v. Matthew Alan Eagleman, 2024 N.D. 231, the Supreme Court of North Dakota addressed...
Supreme Court of North Dakota Establishes Limits on Judicial Authority in Child Support Interest Waivers

Supreme Court of North Dakota Establishes Limits on Judicial Authority in Child Support Interest Waivers

Date: Dec 23, 2024
Supreme Court of North Dakota Establishes Limits on Judicial Authority in Child Support Interest Waivers Introduction The case of Crystal Overbo v. Aaron Overbo, Defendant And State of North Dakota,...
State v. Lindeman: Establishing Rigorous Standards for Ineffective Assistance of Counsel Claims in Post-Conviction Relief

State v. Lindeman: Establishing Rigorous Standards for Ineffective Assistance of Counsel Claims in Post-Conviction Relief

Date: Dec 23, 2024
State v. Lindeman: Establishing Rigorous Standards for Ineffective Assistance of Counsel Claims in Post-Conviction Relief Introduction In the landmark case of Barry Mervyn Lindeman v. State of North...
Establishing Burden of Proof for Nonparent Guardianship Modification: ND Supreme Court Decision

Establishing Burden of Proof for Nonparent Guardianship Modification: ND Supreme Court Decision

Date: Dec 23, 2024
Establishing Burden of Proof for Nonparent Guardianship Modification: North Dakota Supreme Court Decision Introduction The case of In the Interest of A.E.E., a Child v. A.E.E. presents a significant...
Supreme Court of North Dakota Clarifies Sequestration Procedures under Rule 615 and Upholds Strict Two-Year Limitation for Postconviction Relief in Hoff v. State

Supreme Court of North Dakota Clarifies Sequestration Procedures under Rule 615 and Upholds Strict Two-Year Limitation for Postconviction Relief in Hoff v. State

Date: Dec 23, 2024
Supreme Court of North Dakota Clarifies Sequestration Procedures under Rule 615 and Upholds Strict Two-Year Limitation for Postconviction Relief in Hoff v. State Introduction In the landmark case of...
Judicial Immunity Affirmed in Mitchell S. Sanderson v. Judge Kari Agotness, 2024 N.D. 232

Judicial Immunity Affirmed in Mitchell S. Sanderson v. Judge Kari Agotness, 2024 N.D. 232

Date: Dec 23, 2024
Judicial Immunity Affirmed in Mitchell S. Sanderson v. Judge Kari Agotness, 2024 N.D. 232 Introduction In the landmark case of Mitchell S. Sanderson v. Judge Kari Agotness, decided by the Supreme...
Legislative Preemption of Home Rule Firearm Ordinances: Insights from City of Fargo v. State of North Dakota

Legislative Preemption of Home Rule Firearm Ordinances: Insights from City of Fargo v. State of North Dakota

Date: Dec 23, 2024
Legislative Preemption of Home Rule Firearm Ordinances: Insights from City of Fargo v. State of North Dakota Introduction The case of City of Fargo, Plaintiff and Appellant v. State of North Dakota,...
North Dakota Supreme Court Clarifies Standards for Judicial Disqualification and Waiver in McKenzie Electric Coop. Case

North Dakota Supreme Court Clarifies Standards for Judicial Disqualification and Waiver in McKenzie Electric Coop. Case

Date: Dec 23, 2024
North Dakota Supreme Court Clarifies Standards for Judicial Disqualification and Waiver in McKenzie Electric Coop. Case Introduction The McKenzie Electric Cooperative, Inc. v. The Honorable Daniel S....
Establishing Due Process in Virtual Hearings: Insights from Lisa v. NY DMV

Establishing Due Process in Virtual Hearings: Insights from Lisa v. NY DMV

Date: Dec 23, 2024
Establishing Due Process in Virtual Hearings: Insights from Lisa v. NY DMV Introduction The case of Robert A. Lisa v. New York State Department of Motor Vehicles (2024 N.Y. Slip Op. 6342) addresses...
Enforcement of Out-of-State Judgments and Postjudgment Interest: Insights from Robert J. Basil v. Gus Renny

Enforcement of Out-of-State Judgments and Postjudgment Interest: Insights from Robert J. Basil v. Gus Renny

Date: Dec 23, 2024
Enforcement of Out-of-State Judgments and Postjudgment Interest: Insights from Robert J. Basil v. Gus Renny Introduction The case of Robert J. Basil, appellant, v. Gus Renny, etc., respondent (2024...
Affirmation of Modified Custody and Visitation Orders in Family Law Proceedings

Affirmation of Modified Custody and Visitation Orders in Family Law Proceedings

Date: Dec 23, 2024
Affirmation of Modified Custody and Visitation Orders in Family Law Proceedings Introduction The case of Tina X. v. Thomas Y. et al. represents a significant deliberation within family law, focusing...
Economic Injury Insufficient: Reinforcing SEQRA's Standing Requirements for Property Owners

Economic Injury Insufficient: Reinforcing SEQRA's Standing Requirements for Property Owners

Date: Dec 23, 2024
Economic Injury Insufficient: Reinforcing SEQRA's Standing Requirements for Property Owners Introduction In the case of Seneca Meadows, Inc. v. Town of Seneca Falls (2024 N.Y. Slip Op. 6435), the...
Affirmation of 'Fees on Fees' Under Labor Law §198(1-a): Gertler v. Davidoff Hutcher & Citron, LLP

Affirmation of 'Fees on Fees' Under Labor Law §198(1-a): Gertler v. Davidoff Hutcher & Citron, LLP

Date: Dec 23, 2024
Affirmation of 'Fees on Fees' Under Labor Law §198(1-a): Gertler v. Davidoff Hutcher & Citron, LLP Introduction In Gertler v. Davidoff Hutcher & Citron, LLP, decided on December 18, 2024, the Supreme...
Suffolk County v. Mac: Supreme Court Reaffirms Monell Standards and Reinstates Battery Claim in Civil Rights Litigation

Suffolk County v. Mac: Supreme Court Reaffirms Monell Standards and Reinstates Battery Claim in Civil Rights Litigation

Date: Dec 23, 2024
Suffolk County v. Mac: Supreme Court Reaffirms Monell Standards and Reinstates Battery Claim in Civil Rights Litigation Introduction The case of Olha Mac v. County of Suffolk, et al. (2024 N.Y. Slip...
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