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  • Commentaries
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state Case Commentaries

No Ineffective Assistance Without Nonfrivolous Appeal or Serious Provocation: Pinckney v. State

No Ineffective Assistance Without Nonfrivolous Appeal or Serious Provocation: Pinckney v. State

Date: Apr 9, 2025
No Ineffective Assistance Without Nonfrivolous Appeal or Serious Provocation: Pinckney v. State Introduction In Pinckney v. State, S25A0267 (Ga. Apr. 8, 2025), the Supreme Court of Georgia addressed...
No Entitlement to Indefinite Continuance of Remediation-in-Progress Waivers: Due Process Limits Under ISRA

No Entitlement to Indefinite Continuance of Remediation-in-Progress Waivers: Due Process Limits Under ISRA

Date: Apr 8, 2025
No Entitlement to Indefinite Continuance of Remediation-in-Progress Waivers: Due Process Limits Under ISRA Introduction In Re Appeal of the New Jersey Department of Environmental Protection’s...
State v. Yazzie: Nonexistence of Attempted Reckless Child Abuse and Non-Waivable Pleas to Nonexistent Crimes

State v. Yazzie: Nonexistence of Attempted Reckless Child Abuse and Non-Waivable Pleas to Nonexistent Crimes

Date: Apr 8, 2025
State v. Yazzie: Nonexistence of Attempted Reckless Child Abuse and Non-Waivable Pleas to Nonexistent Crimes Introduction In State v. Yazzie (2025), the Supreme Court of New Mexico addressed for the...
Aggravated Assault Excluded as Predicate Felony: Collateral‐Felony Doctrine Reinforced in State v. Revels

Aggravated Assault Excluded as Predicate Felony: Collateral‐Felony Doctrine Reinforced in State v. Revels

Date: Apr 8, 2025
Aggravated Assault Excluded as Predicate Felony for Felony Murder: Collateral-Felony Doctrine Reinforced in State v. Revels Introduction In State v. Revels, 2025-NM-____, __ P.3d __, the Supreme...
Clarifying “Interest in Lands” Under New Mexico Venue Law: Blanchard Corona Ranch v. Garcia Richard

Clarifying “Interest in Lands” Under New Mexico Venue Law: Blanchard Corona Ranch v. Garcia Richard

Date: Apr 8, 2025
Clarifying “Interest in Lands” Under New Mexico Venue Law Blanchard Corona Ranch, LLC v. Garcia Richard (2025) Introduction In Blanchard Corona Ranch, LLC v. Garcia Richard, the New Mexico Supreme...
Independent Medical Judgment and Vicarious Liability: The Texas Supreme Court’s Framework for Nonprofit Health Organizations in Renaissance Medical Foundation v. Lugo

Independent Medical Judgment and Vicarious Liability: The Texas Supreme Court’s Framework for Nonprofit Health Organizations in Renaissance Medical Foundation v. Lugo

Date: Apr 8, 2025
Independent Medical Judgment and Vicarious Liability: The Texas Supreme Court’s Framework for Nonprofit Health Organizations Commentary on Renaissance Medical Foundation v. Lugo, No. 23-0607, Supreme...
Stagnation of Parental Progress as Ground for Termination of Parental Rights: In Re F.R. & A.R.

Stagnation of Parental Progress as Ground for Termination of Parental Rights: In Re F.R. & A.R.

Date: Apr 5, 2025
Stagnation of Parental Progress as Ground for Termination of Parental Rights Introduction In Re F.R. & A.R., Juveniles (Vt. 2025) addresses the termination of parental rights of B.B. (father) and...
Enforceability of Prenuptial Agreements and the Standard for Unconscionability in Vermont

Enforceability of Prenuptial Agreements and the Standard for Unconscionability in Vermont

Date: Apr 5, 2025
Enforceability of Prenuptial Agreements and the Standard for Unconscionability in Vermont Introduction The Supreme Court of Vermont decided in Danielle Lacroix v. Peter Rysz, 2025 VT 16, whether a...
Universal Right to De Novo District Court Review of Conditional Use Permit Decisions Under Neb. Rev. Stat. § 23-114.01(5)

Universal Right to De Novo District Court Review of Conditional Use Permit Decisions Under Neb. Rev. Stat. § 23-114.01(5)

Date: Apr 5, 2025
Universal Right to De Novo District Court Review of Conditional Use Permit Decisions Under Neb. Rev. Stat. § 23-114.01(5) Introduction Amorak, Inc. and Edwin Brown (collectively, Amorak), neighboring...
Continuous-Tort Accrual and Jurisdictional Limits in PFAS Contamination Suits

Continuous-Tort Accrual and Jurisdictional Limits in PFAS Contamination Suits

Date: Apr 5, 2025
Continuous-Tort Accrual and Jurisdictional Limits in PFAS Contamination Suits Introduction Ex parte DuPont De Nemours, Inc. (2025) is a consolidated mandamus review by the Supreme Court of Alabama of...
Enforcement of Settlement Agreement Non-Interference Clauses: Circumstantial Evidence and Attorney’s Fees

Enforcement of Settlement Agreement Non-Interference Clauses: Circumstantial Evidence and Attorney’s Fees

Date: Apr 5, 2025
Enforcement of Settlement Agreement Non-Interference Clauses: Circumstantial Evidence and Attorney’s Fees Introduction In Kevin Barrup v. Barrup Farms Inc., the Vermont Supreme Court addressed...
Expanding Liability: Customer as Sex Trafficker under Nevada NRS 201.300(2)(a)(1)

Expanding Liability: Customer as Sex Trafficker under Nevada NRS 201.300(2)(a)(1)

Date: Apr 5, 2025
Expanding Liability: Customer as Sex Trafficker under Nevada NRS 201.300(2)(a)(1) Introduction This commentary examines the Nevada Supreme Court’s decision in O’GORMAN (KEVIN) v. STATE,...
Void Pre-Judgment Debtor’s Examination Orders and Limits on Civil Contempt in Nebraska

Void Pre-Judgment Debtor’s Examination Orders and Limits on Civil Contempt in Nebraska

Date: Apr 5, 2025
Void Pre-Judgment Debtor’s Examination Orders and Limits on Civil Contempt in Nebraska Introduction In Leaf Supreme Prods. v. Bachman, 318 Neb. 751 (Apr. 4, 2025), the Nebraska Supreme Court...
Nonviability of Godfrey Constitutional Tort Claims: Supreme Court of Iowa Decision

Nonviability of Godfrey Constitutional Tort Claims: Supreme Court of Iowa Decision

Date: Apr 5, 2025
Nonviability of Godfrey Constitutional Tort Claims Introduction This commentary examines the Iowa Supreme Court’s per curiam decision in Wagner v. State of Iowa and William L. Spece, No. 22-1625,...
Limiting Collateral Attacks on Administrative Final Orders: Distinguishing Subject-Matter Jurisdiction from Jurisdictional Errors

Limiting Collateral Attacks on Administrative Final Orders: Distinguishing Subject-Matter Jurisdiction from Jurisdictional Errors

Date: Apr 5, 2025
Limiting Collateral Attacks on Administrative Final Orders: Distinguishing Subject-Matter Jurisdiction from Jurisdictional Errors Introduction Commissioner of Labor, State of Vermont v. American...
Facial and As-Applied Constitutional Challenges to “Public Convenience and Necessity” Requirements: N’Da v. Golden

Facial and As-Applied Constitutional Challenges to “Public Convenience and Necessity” Requirements: N’Da v. Golden

Date: Apr 5, 2025
Facial and As-Applied Constitutional Challenges to “Public Convenience and Necessity” Requirements: N’Da v. Golden Introduction In N’Da v. Golden, 318 Neb. 680 (2025), the Nebraska Supreme Court...
Void Pre-Judgment Debtor’s Examination Orders and Limits on Civil Contempt: Leaf Supreme Prods. v. Bachman

Void Pre-Judgment Debtor’s Examination Orders and Limits on Civil Contempt: Leaf Supreme Prods. v. Bachman

Date: Apr 5, 2025
Void Pre-Judgment Debtor’s Examination Orders and Limits on Civil Contempt: Leaf Supreme Prods. v. Bachman Introduction Leaf Supreme Products, LLC (“Leaf Supreme”) obtained a jury verdict against...
Zoning Appeals under § 335.18 Exempt from MTCA Pleading Rules and Clarified Standing Standards

Zoning Appeals under § 335.18 Exempt from MTCA Pleading Rules and Clarified Standing Standards

Date: Apr 5, 2025
Zoning Appeals under § 335.18 Exempt from MTCA Pleading Rules and Clarified Standing Standards Introduction In 1000 Friends of Iowa et al. v. Polk County Board of Supervisors, No. 23-1199 (Iowa Apr....
No Garnishment for Insurer Bad-Faith Claims: Michigan Supreme Court Confines Garnishment to MCR 3.101(G)(1) and Disapproves Rutter v King

No Garnishment for Insurer Bad-Faith Claims: Michigan Supreme Court Confines Garnishment to MCR 3.101(G)(1) and Disapproves Rutter v King

Date: Apr 5, 2025
No Garnishment for Insurer Bad-Faith Claims: Michigan Supreme Court Confines Garnishment to MCR 3.101(G)(1) and Disapproves Rutter v King Introduction In Darnell Hairston v. Josh LKU, Zeeland Farm...
Defining “Substantially Completed” in Equitable Zoning Waivers under RSA 674:33-a, I(a)

Defining “Substantially Completed” in Equitable Zoning Waivers under RSA 674:33-a, I(a)

Date: Apr 5, 2025
Defining “Substantially Completed” in Equitable Zoning Waivers under RSA 674:33-a, I(a) Introduction This commentary examines the New Hampshire Supreme Court’s April 4, 2025 decision in Garry R. Lane...
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