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  • Commentaries
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state Case Commentaries

De Novo Review and the Presumption of Validity in Municipal Special Assessment Appeals

De Novo Review and the Presumption of Validity in Municipal Special Assessment Appeals

Date: Apr 10, 2025
De Novo Review and the Presumption of Validity in Municipal Special Assessment Appeals Introduction KJD, LLC v. City of Tea, 2025 S.D. 22, is a Supreme Court of South Dakota decision addressing a...
Clarifying Summary Judgment Standards and Physician-Patient Relationship in Medical Malpractice

Clarifying Summary Judgment Standards and Physician-Patient Relationship in Medical Malpractice

Date: Apr 10, 2025
Clarifying Summary Judgment Standards and Physician-Patient Relationship in Medical Malpractice Introduction Mathura v. Makaryus, 2025 NY Slip Op 02063 (App. Div. 2d Dept. Apr. 9, 2025), arises from...
Equitable Discretion in Retroactive Child Support and Equity-Based Home Valuation: Lewis v. Lewis (2025 WY 42)

Equitable Discretion in Retroactive Child Support and Equity-Based Home Valuation: Lewis v. Lewis (2025 WY 42)

Date: Apr 10, 2025
Equitable Discretion in Retroactive Child Support and Equity-Based Home Valuation: Lewis v. Lewis (2025 WY 42) Introduction In the case of Laura Marie Lewis v. Ryan Ike Lewis (2025 WY 42), the...
No “Material and Favorable” Showing Required for Non‑Confidential Criminal Discovery under Minn. R. Crim. P. 9.01, subd. 2(3)

No “Material and Favorable” Showing Required for Non‑Confidential Criminal Discovery under Minn. R. Crim. P. 9.01, subd. 2(3)

Date: Apr 10, 2025
No “Material and Favorable” Showing Required for Non‑Confidential Criminal Discovery under Minn. R. Crim. P. 9.01, subd. 2(3) Introduction In State of Minnesota v. Christopher Lee Manska, 19 N.W.3d...
No Extrajudicial Modifications of Child Support; “Alternative Effective Date” Applies Only to Subsequent Court Orders

No Extrajudicial Modifications of Child Support; “Alternative Effective Date” Applies Only to Subsequent Court Orders

Date: Apr 10, 2025
No Extrajudicial Modifications of Child Support; “Alternative Effective Date” Applies Only to Subsequent Court Orders Introduction In Leslie E. Sheehy Lee v. Travis W. Kalis, County of Le Sueur, 19...
Statutory Management Rights Under § 42-56-10 Excuse Duty to Bargain Over Absenteeism Policies

Statutory Management Rights Under § 42-56-10 Excuse Duty to Bargain Over Absenteeism Policies

Date: Apr 10, 2025
Statutory Management Rights Under § 42-56-10 Excuse Duty to Bargain Over Absenteeism Policies Introduction State of Rhode Island, Department of Corrections v. Rhode Island State Labor Relations Board...
Establishing Neglect Through Excessive Corporal Punishment and Medical/Mental Health Noncompliance

Establishing Neglect Through Excessive Corporal Punishment and Medical/Mental Health Noncompliance

Date: Apr 10, 2025
Establishing Neglect Through Excessive Corporal Punishment and Medical/Mental Health Noncompliance Introduction This commentary addresses the Appellate Division, Second Department’s decision in...
Unequivocal Abandonment of Termination Requests in Texas Parental-Rights Cases: Commentary on D.V. v. Texas DFPS

Unequivocal Abandonment of Termination Requests in Texas Parental-Rights Cases: Commentary on D.V. v. Texas DFPS

Date: Apr 10, 2025
Unequivocal Abandonment of Termination Requests in Texas Parental-Rights Cases: Commentary on D.V. v. Texas Department of Family and Protective Services I. Introduction The Supreme Court of Texas’s...
Accomplice Jury Instruction as Judicial Opinion: Mandatory New Trial Under OCGA § 17-8-57(c)

Accomplice Jury Instruction as Judicial Opinion: Mandatory New Trial Under OCGA § 17-8-57(c)

Date: Apr 9, 2025
Accomplice Jury Instruction as Judicial Opinion: Mandatory New Trial Under OCGA § 17-8-57(c) Introduction State v. Cleveland and State v. Williams were consolidated appeals decided by the Supreme...
Harmless Error Standards for Confrontation Clause Violations in Overwhelming Evidence: Kingdom v. State

Harmless Error Standards for Confrontation Clause Violations in Overwhelming Evidence: Kingdom v. State

Date: Apr 9, 2025
Harmless Error Standards for Confrontation Clause Violations in Overwhelming Evidence Introduction In the case of Kingdom v. State, decided April 8, 2025 by the Supreme Court of Georgia, defendant...
Mandatory Prosecutorial Consent and Broad Discretion in Retroactive First-Offender Treatment: Ballard v. State

Mandatory Prosecutorial Consent and Broad Discretion in Retroactive First-Offender Treatment: Ballard v. State

Date: Apr 9, 2025
Mandatory Prosecutorial Consent and Broad Discretion in Retroactive First-Offender Treatment: Ballard v. State Introduction Ballard v. State, decided April 8, 2025 by the Supreme Court of Georgia,...
Reasonableness and Limited Judicial Review: Deference to WIAA Rule Interpretation under Common‐Law Certiorari

Reasonableness and Limited Judicial Review: Deference to WIAA Rule Interpretation under Common‐Law Certiorari

Date: Apr 9, 2025
Reasonableness and Limited Judicial Review: Deference to WIAA Rule Interpretation under Common-Law Certiorari Introduction Case: Hayden Halter, et al. v. Wisconsin Interscholastic Athletic...
Equitable Enforcement of Frustrated Property Settlements: In re Morse

Equitable Enforcement of Frustrated Property Settlements: In re Morse

Date: Apr 9, 2025
Equitable Enforcement of Frustrated Property Settlements: In re Morse Introduction In the Matter of Anne Morse and Frank Morse (Supreme Court of New Hampshire, April 8, 2025) addresses the remedies...
Pattern of Repeated OWI Offenses Constitutes Professional Misconduct under SCR 20:8.4(b)

Pattern of Repeated OWI Offenses Constitutes Professional Misconduct under SCR 20:8.4(b)

Date: Apr 9, 2025
Pattern of Repeated OWI Offenses Constitutes Professional Misconduct under SCR 20:8.4(b) Introduction This commentary examines the Supreme Court of Wisconsin’s decision in Office of Lawyer Regulation...
Affirming the Reasonableness Standard in Certiorari Review of WIAA Rule 8(a)

Affirming the Reasonableness Standard in Certiorari Review of WIAA Rule 8(a)

Date: Apr 9, 2025
Affirming the Reasonableness Standard in Certiorari Review of WIAA Rule 8(a) Introduction In Hayden Halter v. Wisconsin Interscholastic Athletic Association, 2025 WI 10 (Apr. 8, 2025), the Supreme...
Pattern of Repeat OWI Offenses Constitutes Professional Misconduct Under SCR 20:8.4(b)

Pattern of Repeat OWI Offenses Constitutes Professional Misconduct Under SCR 20:8.4(b)

Date: Apr 9, 2025
Pattern of Repeat OWI Offenses Constitutes Professional Misconduct Under SCR 20:8.4(b) Introduction The Supreme Court of Wisconsin’s decision in Office of Lawyer Regulation v. Lynne Layber, 2025 WI...
Inventory Searches as Community Caretaker Function: Valid Warrantless Seizure of Arrestee’s Personal Property

Inventory Searches as Community Caretaker Function: Valid Warrantless Seizure of Arrestee’s Personal Property

Date: Apr 9, 2025
Inventory Searches as Community Caretaker Function: Valid Warrantless Seizure of Arrestee’s Personal Property Introduction The case of Brandon Christopher Serini v. The State of Wyoming (2025 WY 40)...
Establishing Duty of Care Under the Connecticut Rule and Contractor Liability for Municipal Snow and Ice Services

Establishing Duty of Care Under the Connecticut Rule and Contractor Liability for Municipal Snow and Ice Services

Date: Apr 9, 2025
Establishing Duty of Care Under the Connecticut Rule and Contractor Liability for Municipal Snow and Ice Services Introduction Sara Roman v. The City of Providence et al., decided by the Supreme...
Reciprocal Public Censure for Out-of-State Attorney Misconduct

Reciprocal Public Censure for Out-of-State Attorney Misconduct

Date: Apr 9, 2025
Reciprocal Public Censure for Out-of-State Attorney Misconduct Introduction Matter of Martir (2025 NYSlipOp 02040) addresses the application of New York’s doctrine of reciprocal discipline where an...
County Prosecutorial Authority under § 1983: Hawaiʻi Supreme Court Clarifies County vs. State Control

County Prosecutorial Authority under § 1983: Hawaiʻi Supreme Court Clarifies County vs. State Control

Date: Apr 9, 2025
County Prosecutorial Authority under § 1983: Hawaiʻi Supreme Court Clarifies County vs. State Control Introduction In McGuire v. County of Hawaiʻi, 2025 WL XXXX (Haw. 2025), the Hawaiʻi Supreme Court...
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