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  • Commentaries
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state Case Commentaries

N'Da v. Golden: Clarifying Facial and As-Applied Constitutional Challenges to the Public Convenience and Necessity Requirement

N'Da v. Golden: Clarifying Facial and As-Applied Constitutional Challenges to the Public Convenience and Necessity Requirement

Date: Apr 5, 2025
N'Da v. Golden: Clarifying Facial and As-Applied Constitutional Challenges to the Public Convenience and Necessity Requirement Introduction In N'Da v. Golden, 318 Neb. 680 (2025), the Nebraska...
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...
Administrative Order Establishing Uniform Rotating Court Appointment Panels and Certification Standards

Administrative Order Establishing Uniform Rotating Court Appointment Panels and Certification Standards

Date: Apr 5, 2025
Administrative Order Establishing Uniform Rotating Court Appointment Panels and Certification Standards Introduction On April 4, 2025, the Rhode Island Supreme Court issued Executive Order No....
No Takings Immunity for NFIP‑Compliant Floodplain Regulations: Commentary on The Commons of Lake Houston, Ltd. v. City of Houston

No Takings Immunity for NFIP‑Compliant Floodplain Regulations: Commentary on The Commons of Lake Houston, Ltd. v. City of Houston

Date: Apr 5, 2025
No Takings Immunity for NFIP‑Compliant Floodplain Regulations: Commentary on The Commons of Lake Houston, Ltd. v. City of Houston Court: Supreme Court of Texas Date: March 21, 2025 Citation: No....
Substantive Immunity Shields Municipalities from Negligent Inspection Claims

Substantive Immunity Shields Municipalities from Negligent Inspection Claims

Date: Apr 5, 2025
Substantive Immunity Shields Municipalities from Negligent Inspection Claims Introduction The Supreme Court of Alabama’s decision in Ex parte City of Orange Beach (Apr. 4, 2025) clarifies and...
Partial Names Insufficient: State Immunity, Fictitious-Party Practice, and Jurisdiction in Ex parte Jefferson County Board of Education

Partial Names Insufficient: State Immunity, Fictitious-Party Practice, and Jurisdiction in Ex parte Jefferson County Board of Education

Date: Apr 5, 2025
Partial Names Insufficient: State Immunity, Fictitious-Party Practice, and Jurisdiction in Ex parte Jefferson County Board of Education Introduction Ex parte Jefferson County Board of Education,...
Prohibition on Delegation of Non-Emergency Medical Decision-Making in New Hampshire Parenting Plans

Prohibition on Delegation of Non-Emergency Medical Decision-Making in New Hampshire Parenting Plans

Date: Apr 5, 2025
Prohibition on Delegation of Non-Emergency Medical Decision-Making in New Hampshire Parenting Plans Introduction This commentary examines the Supreme Court of New Hampshire’s decision in In the...
Due Process in Sentencing: Notice and Opportunity to Rebut Uncharged Allegations

Due Process in Sentencing: Notice and Opportunity to Rebut Uncharged Allegations

Date: Apr 5, 2025
Due Process in Sentencing: Notice and Opportunity to Rebut Uncharged Allegations Introduction The case of State of Vermont v. Richard Blackmer, Jr. (Vt. Apr. 4, 2025) arises from multiple fraud and...
Liquidation Requirement for Garnishment: Bad-Faith Refusal to Settle Claims Cannot Be Garnisheed

Liquidation Requirement for Garnishment: Bad-Faith Refusal to Settle Claims Cannot Be Garnisheed

Date: Apr 5, 2025
Liquidation Requirement for Garnishment: Bad-Faith Refusal to Settle Claims Cannot Be Garnisheed Introduction Hairston v. LKU, 166473 (Mich. 2025), presents a dispute over whether an unresolved claim...
Nonapplicant Appeals and De Novo Review in Conditional Use Permit Decisions

Nonapplicant Appeals and De Novo Review in Conditional Use Permit Decisions

Date: Apr 5, 2025
Nonapplicant Appeals and De Novo Review in Conditional Use Permit Decisions Introduction In Amorak, Inc., and Edwin Brown v. Cherry County Board of Commissioners (318 Neb. 723, decided April 4,...
Subject-Matter Jurisdiction Fixed at Filing and Express Fee-Shifting Required: Commentary on Sunnyside Park Utilities, Inc. v. Sorrells (Idaho 2025)

Subject-Matter Jurisdiction Fixed at Filing and Express Fee-Shifting Required: Commentary on Sunnyside Park Utilities, Inc. v. Sorrells (Idaho 2025)

Date: Apr 5, 2025
Subject-Matter Jurisdiction Fixed at Filing and Express Fee-Shifting Required: Sunnyside Park Utilities, Inc. v. Sorrells (Idaho 2025) Introduction In Sunnyside Park Utilities, Inc. v. Sorrells, the...
Procedural Compliance and Best-Interest Emphasis in Termination of Parental Rights (Danforth v. Hansen)

Procedural Compliance and Best-Interest Emphasis in Termination of Parental Rights (Danforth v. Hansen)

Date: Apr 4, 2025
Procedural Compliance and Best-Interest Emphasis in Termination of Parental Rights Introduction In In the Matter of the Termination of Parental Rights to SLD, a Minor Child; Katrina Danforth v. Ryan...
Revival of Thornton–Grimm Fraud Analysis Under New Rent Stabilization Amendments

Revival of Thornton–Grimm Fraud Analysis Under New Rent Stabilization Amendments

Date: Apr 4, 2025
Revival of Thornton–Grimm Fraud Analysis Under New Rent Stabilization Amendments Introduction Reichenbach v. Jacin Investors Corp. (2025 NY Slip Op 02023) is a landmark decision of the Appellate...
Impartial Use of Statutory Language in Ballot Analyses Established by Arizona Supreme Court

Impartial Use of Statutory Language in Ballot Analyses Established by Arizona Supreme Court

Date: Apr 4, 2025
Impartial Use of Statutory Language in Ballot Analyses Established by Arizona Supreme Court Introduction In Arizona for Abortion Access v. Montenegro (No. CV-24-0167-AP/EL), the Arizona Supreme Court...
Matter of Gillman: Federal Health Care Fraud as Serious Crime and Essential Similarity Analysis Under Judiciary Law §90

Matter of Gillman: Federal Health Care Fraud as Serious Crime and Essential Similarity Analysis Under Judiciary Law §90

Date: Apr 4, 2025
Matter of Gillman: Federal Health Care Fraud as Serious Crime and Essential Similarity Analysis Under Judiciary Law §90 Introduction The Appellate Division of the Supreme Court of New York, Third...
Retroactive Application of FAPA Bars Late Foreclosure Actions: Clarifying Limitations and Finality in Mortgage Foreclosures

Retroactive Application of FAPA Bars Late Foreclosure Actions: Clarifying Limitations and Finality in Mortgage Foreclosures

Date: Apr 4, 2025
Retroactive Application of FAPA Bars Late Foreclosure Actions: Clarifying Limitations and Finality in Mortgage Foreclosures Introduction This commentary examines the Third Department’s decision in...
Negligence Per Se and Proximate Cause in Highway Contamination under VTL § 1219

Negligence Per Se and Proximate Cause in Highway Contamination under VTL § 1219

Date: Apr 4, 2025
Negligence Per Se and Proximate Cause in Highway Contamination under VTL § 1219 Introduction In Cole v. Triple M Excavating & Trucking LLC (2025 NYSlipOp 01994), the Appellate Division, Third...
Precision in Equitable Distribution: Clarifying Majauskas Shares for Pre-Marital Retirement Assets in Diop v. Gueye

Precision in Equitable Distribution: Clarifying Majauskas Shares for Pre-Marital Retirement Assets in Diop v. Gueye

Date: Apr 4, 2025
Precision in Equitable Distribution: Clarifying Majauskas Shares for Pre-Marital Retirement Assets in Diop v. Gueye Introduction Diop v. Gueye (2025 NYSlipOp 01992) addresses the equitable...
Duty of Universities to Enforce Threat Assessment Policies and Protect Targeted Students

Duty of Universities to Enforce Threat Assessment Policies and Protect Targeted Students

Date: Apr 4, 2025
Duty of Universities to Enforce Threat Assessment Policies and Protect Targeted Students Introduction Cuomo v. State of New York (2025 NYSlipOp 01991) arises from a wrongful-death lawsuit brought by...
Section 1089 Juror Removal Requires Demonstrable Reality of Bias – People v. McGhee

Section 1089 Juror Removal Requires Demonstrable Reality of Bias – People v. McGhee

Date: Apr 4, 2025
Section 1089 Juror Removal Requires Demonstrable Reality of Bias – People v. McGhee Introduction People v. McGhee (2025) 13 Cal.5th xxx clarifies the limits on a trial court’s power under Penal Code...
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