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  • Commentaries
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state Case Commentaries

Clarifying the Limits of an Appellate Mandate: Wyoming Supreme Court Restricts Post-Judgment Revival of Un-pleaded Claims in Trust Litigation

Clarifying the Limits of an Appellate Mandate: Wyoming Supreme Court Restricts Post-Judgment Revival of Un-pleaded Claims in Trust Litigation

Date: Jul 31, 2025
Clarifying the Limits of an Appellate Mandate: Wyoming Supreme Court Restricts Post-Judgment Revival of Un-pleaded Claims in Trust Litigation Introduction The decision in Redland v. Kimsey, 2025 WY...
Goetz Jurisdictional Rule: Wyoming Supreme Court Declares Rule 801 Sanctions for Attorney Tardiness to be Indirect Criminal Contempt Requiring Separate Proceedings

Goetz Jurisdictional Rule: Wyoming Supreme Court Declares Rule 801 Sanctions for Attorney Tardiness to be Indirect Criminal Contempt Requiring Separate Proceedings

Date: Jul 31, 2025
Goetz Jurisdictional Rule: Wyoming Supreme Court Declares Rule 801 Sanctions for Attorney Tardiness to be Indirect Criminal Contempt Requiring Separate Proceedings 1. Introduction Case: In the Matter...
Reaffirming Timeliness & Proper Service as Preconditions for Prisoner-Transport in TPR Trials – Commentary on Mitch J. v. State of Alaska, DFCS/OCS

Reaffirming Timeliness & Proper Service as Preconditions for Prisoner-Transport in TPR Trials – Commentary on Mitch J. v. State of Alaska, DFCS/OCS

Date: Jul 31, 2025
Reaffirming Timeliness & Proper Service as Preconditions for Prisoner-Transport in Termination of Parental Rights Trials Comprehensive Commentary on Mitch J. v. State of Alaska, DFCS, OCS (Supreme...
Airey v. Feliciano: The “No-Candidate, No-Primary” Rule – Connecticut Supreme Court Clarifies the Limits of § 9-329a(b)(3)

Airey v. Feliciano: The “No-Candidate, No-Primary” Rule – Connecticut Supreme Court Clarifies the Limits of § 9-329a(b)(3)

Date: Jul 31, 2025
Airey v. Feliciano: The “No-Candidate, No-Primary” Rule – Connecticut Supreme Court Clarifies the Limits of § 9-329a(b)(3) Introduction On 29 July 2025 the Connecticut Supreme Court delivered its...
State v. Parris: A Heightened Intolerance for Prosecutorial Misstatements on Affirmative Defenses

State v. Parris: A Heightened Intolerance for Prosecutorial Misstatements on Affirmative Defenses

Date: Jul 31, 2025
State v. Parris: A Heightened Intolerance for Prosecutorial Misstatements on Affirmative Defenses Introduction In State v. Parris, the Connecticut Supreme Court addressed whether repeated...
State v. Parris: A New Guard-Rail for Prosecutorial Summations on Extreme Emotional Disturbance

State v. Parris: A New Guard-Rail for Prosecutorial Summations on Extreme Emotional Disturbance

Date: Jul 31, 2025
State v. Parris: A New Guard-Rail for Prosecutorial Summations on Extreme Emotional Disturbance Introduction State v. Parris (Supreme Court of Connecticut, 2025) is a landmark decision that...
“Best-Judgment” as an Enforceable Contractual Duty and the Limits of Exculpatory Clauses: A Commentary on Clinton v. Aspinwall (Conn. 2025)

“Best-Judgment” as an Enforceable Contractual Duty and the Limits of Exculpatory Clauses: A Commentary on Clinton v. Aspinwall (Conn. 2025)

Date: Jul 31, 2025
“Best-Judgment” as an Enforceable Contractual Duty and the Limits of Exculpatory Clauses: Commentary on Clinton v. Aspinwall, Supreme Court of Connecticut, 2025 1. Introduction Parties & Setting....
Managerial “Good-Faith” Is Not a Contractual Duty: Clinton v. Aspinwall and the Boundary Between Exculpation and Obligation

Managerial “Good-Faith” Is Not a Contractual Duty: Clinton v. Aspinwall and the Boundary Between Exculpation and Obligation

Date: Jul 31, 2025
Managerial “Good-Faith” Is Not a Contractual Duty: Clinton v. Aspinwall and the Boundary Between Exculpation and Obligation Introduction In Clinton v. Aspinwall, 352 Conn. 597 (2025), the Connecticut...
Bell v. Bollenbach & House, Inc.: Reinforcing Espinal Limits on Contractor Liability and Tightening Proof Standards for Constructive Notice and Expert Weather Evidence in Snow-and-Ice Slip-and-Fall Cases

Bell v. Bollenbach & House, Inc.: Reinforcing Espinal Limits on Contractor Liability and Tightening Proof Standards for Constructive Notice and Expert Weather Evidence in Snow-and-Ice Slip-and-Fall Cases

Date: Jul 31, 2025
Bell v. Bollenbach & House, Inc.: Reinforcing Espinal Limits on Contractor Liability and Tightening Proof Standards for Constructive Notice and Expert Weather Evidence in Snow-and-Ice Slip-and-Fall...
No Relation-Back Without Actual Notice: Misindexed Lis Pendens and Recorded Mortgage Do Not Bind Subsequent Owners in Foreclosure (U.S. Bank N.A. v. 1702 Dean, LLC)

No Relation-Back Without Actual Notice: Misindexed Lis Pendens and Recorded Mortgage Do Not Bind Subsequent Owners in Foreclosure (U.S. Bank N.A. v. 1702 Dean, LLC)

Date: Jul 31, 2025
No Relation-Back Without Actual Notice: Misindexed Lis Pendens and Recorded Mortgage Do Not Bind Subsequent Owners in Foreclosure Commentary on U.S. Bank N.A. v. 1702 Dean, LLC (2025 NY Slip Op...
Judicial Independence over Legislative Penalties: New York Appellate Division Declares CPLR 7003(c) Unconstitutional

Judicial Independence over Legislative Penalties: New York Appellate Division Declares CPLR 7003(c) Unconstitutional

Date: Jul 31, 2025
Judicial Independence over Legislative Penalties: New York Appellate Division Declares CPLR 7003(c) Unconstitutional Introduction Poltorak v. Clarke (2025 NY Slip Op 04496) presents a foundational...
Improvised Cardboard Mats Are Not “Open and Obvious”; Out‑of‑Possession Landlord Escapes Liability Absent a Specific Statutory/Structural Defect — Commentary on Mejia v. 2959 Fulton St. Realty, Inc. (2025 NY Slip Op 04470)

Improvised Cardboard Mats Are Not “Open and Obvious”; Out‑of‑Possession Landlord Escapes Liability Absent a Specific Statutory/Structural Defect — Commentary on Mejia v. 2959 Fulton St. Realty, Inc. (2025 NY Slip Op 04470)

Date: Jul 31, 2025
Improvised Cardboard Mats Are Not “Open and Obvious”; Out‑of‑Possession Landlord Escapes Liability Absent a Specific Statutory/Structural Defect Commentary on Mejia v. 2959 Fulton St. Realty, Inc.,...
Independent Knowledge of Alternatives Defeats Causation in Informed Consent: Kormusis v. Goldenberg (2025)

Independent Knowledge of Alternatives Defeats Causation in Informed Consent: Kormusis v. Goldenberg (2025)

Date: Jul 31, 2025
Independent Knowledge of Alternatives Defeats Causation in Informed Consent: Kormusis v. Goldenberg (2025) Introduction In Kormusis v. Goldenberg (2025 NY Slip Op 04462), the Appellate Division,...
Pillco v. 160 Dikeman St., LLC: Second Department Clarifies Admissibility of Mechanism-of-Injury Statements in Medical Records and Rejects a Per Se Requirement of Provider Testimony

Pillco v. 160 Dikeman St., LLC: Second Department Clarifies Admissibility of Mechanism-of-Injury Statements in Medical Records and Rejects a Per Se Requirement of Provider Testimony

Date: Jul 31, 2025
Mechanism-of-Injury Statements in Medical Records Are Admissible When Germane and Attributable to the Patient — No Per Se Requirement of Provider Testimony (Pillco v. 160 Dikeman St., LLC)...
Failure to Make a Youthful Offender Determination Renders a Post‑Rudolph Sentence “Invalid as a Matter of Law” and Is Correctable via CPL 440.20 Even Without a Direct Appeal

Failure to Make a Youthful Offender Determination Renders a Post‑Rudolph Sentence “Invalid as a Matter of Law” and Is Correctable via CPL 440.20 Even Without a Direct Appeal

Date: Jul 31, 2025
Failure to Make a Youthful Offender Determination Renders a Post‑Rudolph Sentence “Invalid as a Matter of Law” and Is Correctable via CPL 440.20 Even Without a Direct Appeal Introduction This...
Volitional Misrepresentation to an Out‑of‑State Court Warrants One‑Year Suspension: The Second Department’s Benchmark in Matter of Yu

Volitional Misrepresentation to an Out‑of‑State Court Warrants One‑Year Suspension: The Second Department’s Benchmark in Matter of Yu

Date: Jul 31, 2025
Volitional Misrepresentation to an Out‑of‑State Court Warrants One‑Year Suspension: The Second Department’s Benchmark in Matter of Yu This commentary analyzes Matter of Yu, 2025 NY Slip Op 04487 (App...
Ross v. Kracht (2025 UT 22) –  Immediate Appealability of District-Court Termination Orders under Utah Code § 78B-6-112(3)

Ross v. Kracht (2025 UT 22) – Immediate Appealability of District-Court Termination Orders under Utah Code § 78B-6-112(3)

Date: Jul 30, 2025
Ross v. Kracht (2025 UT 22) Immediate Appealability of District-Court Termination Orders under Utah Code § 78B-6-112(3) 1. Introduction Ross v. Kracht is a landmark decision of the Utah Supreme Court...
Implicit Remand and Mandatory Restitution: The Precedential Impact of State v. Blake (2025 UT 21)

Implicit Remand and Mandatory Restitution: The Precedential Impact of State v. Blake (2025 UT 21)

Date: Jul 30, 2025
Implicit Remand and Mandatory Restitution: The Precedential Impact of State v. Blake (2025 UT 21) Introduction In State v. Blake, the Utah Supreme Court resolved a recurrent procedural quandary: When...
“Spousal-Imputed Domicile” Survives Constitutional Review: Commentary on Tischmak v. Utah State Tax Commission, 2025 UT 24

“Spousal-Imputed Domicile” Survives Constitutional Review: Commentary on Tischmak v. Utah State Tax Commission, 2025 UT 24

Date: Jul 30, 2025
“Spousal-Imputed Domicile” Survives Constitutional Review: Commentary on Tischmak v. Utah State Tax Commission, 2025 UT 24 1. Introduction Utah’s Supreme Court, in Tischmak v. Utah State Tax...
“Speculation Is Not Probable Cause” – The Michigan Supreme Court’s Implicit Re-affirmation of Robust Gatekeeping at the Preliminary Examination in People v. Amaree Darvell Terry

“Speculation Is Not Probable Cause” – The Michigan Supreme Court’s Implicit Re-affirmation of Robust Gatekeeping at the Preliminary Examination in People v. Amaree Darvell Terry

Date: Jul 30, 2025
“Speculation Is Not Probable Cause” – The Michigan Supreme Court’s Implicit Re-affirmation of Robust Gatekeeping at the Preliminary Examination in People v. Amaree Darvell Terry 1. Introduction On 25...
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