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  • Commentaries
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state Case Commentaries

Mandating Fair Hearing and Upholding Child’s Best Interests in Acknowledgment of Paternity Challenges

Mandating Fair Hearing and Upholding Child’s Best Interests in Acknowledgment of Paternity Challenges

Date: Apr 3, 2025
Mandating Fair Hearing and Upholding Child’s Best Interests in Acknowledgment of Paternity Challenges Introduction Matter of Stephen B.J.B. v. Marcia N.S.C. (2025 NYSlipOp 01921) arises from related...
Misrepresentation by Omission Needs No Reliance; Client Directives and Confidentiality Do Not Excuse Disobeying Court Orders — Idaho Supreme Court Disbars Attorney in ISB v. Oleson (2025)

Misrepresentation by Omission Needs No Reliance; Client Directives and Confidentiality Do Not Excuse Disobeying Court Orders — Idaho Supreme Court Disbars Attorney in ISB v. Oleson (2025)

Date: Apr 3, 2025
Misrepresentation by Omission Needs No Reliance; Client Directives and Confidentiality Do Not Excuse Disobeying Court Orders — Idaho Supreme Court Disbars Attorney in ISB v. Oleson (2025)...
Clarifying Due Diligence Standards for CPL 245 Certificates of Compliance: People v. McMahon

Clarifying Due Diligence Standards for CPL 245 Certificates of Compliance: People v. McMahon

Date: Apr 3, 2025
Clarifying Due Diligence Standards for CPL 245 Certificates of Compliance: People v. McMahon Introduction In People v. McMahon (2025 NYSlipOp 01951), the Appellate Division, Second Department,...
Clarifying Governmental Entity Vicarious Liability Under the Wyoming Governmental Claims Act

Clarifying Governmental Entity Vicarious Liability Under the Wyoming Governmental Claims Act

Date: Apr 3, 2025
Clarifying Governmental Entity Vicarious Liability Under the Wyoming Governmental Claims Act Introduction This case arises from a wrongful‐death and negligence suit brought by Susan Elsner, personal...
Odor of Marijuana Is a Factor—but Not Probable Cause—for Vehicle Searches in Michigan: People v. Armstrong

Odor of Marijuana Is a Factor—but Not Probable Cause—for Vehicle Searches in Michigan: People v. Armstrong

Date: Apr 3, 2025
Odor of Marijuana Is a Factor—but Not Probable Cause—for Vehicle Searches in Michigan: People v. Armstrong Introduction In People of Michigan v. Jeffery Scott Armstrong, the Michigan Supreme Court...
Rappaport v. Pasternak: Reinforcing the Narrow Grounds for Judicial Modification of Arbitration Awards under the NJAA

Rappaport v. Pasternak: Reinforcing the Narrow Grounds for Judicial Modification of Arbitration Awards under the NJAA

Date: Apr 2, 2025
Rappaport v. Pasternak: Reinforcing the Narrow Grounds for Judicial Modification of Arbitration Awards under the NJAA Introduction Laurence J. Rappaport v. Kenneth Pasternak is a landmark New Jersey...
Tanzi v. Florida: Executive Discretion in Death-Warrant Scheduling and Procedural Limits on Postconviction Relief

Tanzi v. Florida: Executive Discretion in Death-Warrant Scheduling and Procedural Limits on Postconviction Relief

Date: Apr 2, 2025
Tanzi v. Florida: Executive Discretion in Death-Warrant Scheduling and Procedural Limits on Postconviction Relief Introduction In Michael A. Tanzi v. State of Florida (consolidated with petitions...
Criminal Trespass on Public Property and Limits of Discretion in State v. Bundy

Criminal Trespass on Public Property and Limits of Discretion in State v. Bundy

Date: Apr 2, 2025
Criminal Trespass on Public Property and Limits of Discretion in State v. Bundy Introduction State v. Bundy (Idaho Supreme Court, April 1, 2025) clarified the reach of Idaho’s misdemeanor criminal...
Clarifying Spoliation Remedies: Permissive Adverse Inference for Negligent Evidence Withholding

Clarifying Spoliation Remedies: Permissive Adverse Inference for Negligent Evidence Withholding

Date: Apr 2, 2025
Clarifying Spoliation Remedies: Permissive Adverse Inference for Negligent Evidence Withholding Introduction In Paley v. Desert Palace, LLC, the Supreme Court of Nevada addressed critical questions...
Clarifying Plain Error and Jury Instructions: Permissible Alternative Causation Theories in Negligent Homicide – State v. Cummings (2025 N.H. 15)

Clarifying Plain Error and Jury Instructions: Permissible Alternative Causation Theories in Negligent Homicide – State v. Cummings (2025 N.H. 15)

Date: Apr 2, 2025
Clarifying Plain Error and Jury Instructions: Permissible Alternative Causation Theories in Negligent Homicide – State v. Cummings (2025 N.H. 15) Introduction State v. Cummings, 2025 N.H. 15, is a...
Permissive Intervention for Nonrelative Foster Parents in Neglect Proceedings: Dissent Warns of Constitutional and Systemic Risks

Permissive Intervention for Nonrelative Foster Parents in Neglect Proceedings: Dissent Warns of Constitutional and Systemic Risks

Date: Apr 2, 2025
Permissive Intervention for Nonrelative Foster Parents in Neglect Proceedings: Dissent Warns of Constitutional and Systemic Risks Introduction In In re Jewelyette M., the Supreme Court of Connecticut...
Foster Parents’ Procedural Role Refined: Presence as Part of the § 46b‑129(p) “Right to Be Heard,” But Party Intervention Should Be Exceptional — Commentary on In re Jewelyette M. (Mullins, C.J., Concurrence & Dissent)

Foster Parents’ Procedural Role Refined: Presence as Part of the § 46b‑129(p) “Right to Be Heard,” But Party Intervention Should Be Exceptional — Commentary on In re Jewelyette M. (Mullins, C.J., Concurrence & Dissent)

Date: Apr 2, 2025
Foster Parents’ Procedural Role Refined: Presence as Part of the § 46b‑129(p) “Right to Be Heard,” But Party Intervention Should Be Exceptional — Commentary on In re Jewelyette M. (Mullins, C.J.,...
State v. Tate: Sufficiency Review Includes All Admitted Evidence, Even If Unpublished to the Jury

State v. Tate: Sufficiency Review Includes All Admitted Evidence, Even If Unpublished to the Jury

Date: Apr 2, 2025
State v. Tate: Sufficiency Review Includes All Admitted Evidence, Even If Unpublished to the Jury Introduction In State v. Tate (Mo. banc Apr. 1, 2025), the Supreme Court of Missouri affirmed...
Masters v. Dawson: Missouri Requires Explicit Preservation of the Jury-Trial Right in Post-Trial Motions; Piecemeal Incorporation Is Insufficient

Masters v. Dawson: Missouri Requires Explicit Preservation of the Jury-Trial Right in Post-Trial Motions; Piecemeal Incorporation Is Insufficient

Date: Apr 2, 2025
Masters v. Dawson: Missouri Requires Explicit Preservation of the Jury-Trial Right in Post-Trial Motions; Piecemeal Incorporation Is Insufficient 1. Introduction Masters v. Dawson (Supreme Court of...
Admissible Evidence in Sufficiency Review: Consideration of All Admitted Evidence, Not Just That Published to the Jury

Admissible Evidence in Sufficiency Review: Consideration of All Admitted Evidence, Not Just That Published to the Jury

Date: Apr 2, 2025
Admissible Evidence in Sufficiency Review: Consideration of All Admitted Evidence, Not Just That Published to the Jury Introduction State of Missouri v. Anthony Tate is a 2025 decision by the Supreme...
Mandating 30-Day Memorandum Requirement for Delayed Appeals: New Ohio Precedent (2025-Ohio-1090)

Mandating 30-Day Memorandum Requirement for Delayed Appeals: New Ohio Precedent (2025-Ohio-1090)

Date: Apr 2, 2025
Mandating 30-Day Memorandum Requirement for Delayed Appeals: New Ohio Precedent (2025-Ohio-1090) Introduction On April 1, 2025, the Supreme Court of Ohio issued a consolidated set of rulings in its...
Vacant Lot Misclassification as Correctable Errors of Description Under NYC Admin. Code § 11-206

Vacant Lot Misclassification as Correctable Errors of Description Under NYC Admin. Code § 11-206

Date: Apr 2, 2025
Vacant Lot Misclassification as Correctable Errors of Description Under NYC Admin. Code § 11-206 Introduction In Matter of Fordham Hill Owners Corp. v. Soliman (2025 NYSlipOp 01889), the Appellate...
No Retroactive Tolling of the One‑Year‑Back Rule: Michigan Supreme Court Limits MCL 500.3145(3) to PIP Claims Accruing After June 11, 2019

No Retroactive Tolling of the One‑Year‑Back Rule: Michigan Supreme Court Limits MCL 500.3145(3) to PIP Claims Accruing After June 11, 2019

Date: Apr 2, 2025
No Retroactive Tolling of the One‑Year‑Back Rule: Michigan Supreme Court Limits MCL 500.3145(3) to PIP Claims Accruing After June 11, 2019 Case: Spine Specialists of Michigan, P.C. v. MemberSelect...
Permissive Intervention by Foster Parents Restored: Connecticut Supreme Court Overrules In re Ryan C. and Clarifies the Statutory “Right to Be Heard”

Permissive Intervention by Foster Parents Restored: Connecticut Supreme Court Overrules In re Ryan C. and Clarifies the Statutory “Right to Be Heard”

Date: Apr 2, 2025
Permissive Intervention by Foster Parents Restored: Connecticut Supreme Court Overrules In re Ryan C. and Clarifies the Statutory “Right to Be Heard” Introduction In a far-reaching decision for...
Absolute Litigation Privilege Shields Governmental Participants from CHRO Discrimination Claims Based on In‑Court Conduct in Termination of Parental Rights Proceedings

Absolute Litigation Privilege Shields Governmental Participants from CHRO Discrimination Claims Based on In‑Court Conduct in Termination of Parental Rights Proceedings

Date: Apr 2, 2025
Absolute Litigation Privilege Shields Governmental Participants from CHRO Discrimination Claims Based on In‑Court Conduct in Termination of Parental Rights Proceedings Introduction In Ammar I. v....
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