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  • Commentaries
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state Case Commentaries

Clarification of Fraud Exception in Rent Overcharge Actions: Reliance Not Required

Clarification of Fraud Exception in Rent Overcharge Actions: Reliance Not Required

Date: Mar 21, 2025
Clarification of Fraud Exception in Rent Overcharge Actions: Reliance Not Required Introduction The New York Court of Appeals decision in Burrows v. 75-25 153rd St., LLC (2025 NYSlipOp 01669)...
Continuous Reckless Driving as Depraved Indifference: People v. Bender Precedent

Continuous Reckless Driving as Depraved Indifference: People v. Bender Precedent

Date: Mar 21, 2025
Continuous Reckless Driving as Depraved Indifference: People v. Bender Precedent Introduction The Appellate Division, Third Department of the Supreme Court of New York decided People v. Bender (2025...
No Continuance Absent Specific, Articulable Prejudice from Late-Disclosed Misconduct of a Non‑Testifying Officer: Commentary on Whitney v. Commonwealth

No Continuance Absent Specific, Articulable Prejudice from Late-Disclosed Misconduct of a Non‑Testifying Officer: Commentary on Whitney v. Commonwealth

Date: Mar 21, 2025
No Continuance Absent Specific, Articulable Prejudice from Late-Disclosed Misconduct of a Non‑Testifying Officer Introduction This commentary examines the Supreme Court of Kentucky’s unpublished...
Only Actions Specifically Permitted by Nonenumerated Regulators Qualify for Washington’s CPA Safe Harbor: Hall v. Walgreens Boots Alliance

Only Actions Specifically Permitted by Nonenumerated Regulators Qualify for Washington’s CPA Safe Harbor: Hall v. Walgreens Boots Alliance

Date: Mar 21, 2025
Only Actions Specifically Permitted by Nonenumerated Regulators Qualify for Washington’s CPA Safe Harbor Hall v. Walgreens Boots Alliance, Inc., No. 102829-6 (Wash. Mar. 20, 2025) (en banc)...
Exclusive IDOR Jurisdiction Over Sales Tax Misallocations; Village of Itasca Overruled

Exclusive IDOR Jurisdiction Over Sales Tax Misallocations; Village of Itasca Overruled

Date: Mar 21, 2025
Exclusive IDOR Jurisdiction Over Illinois Sales Tax Misallocations; Village of Itasca Overruled Introduction In Village of Arlington Heights v. City of Rolling Meadows, 2025 IL 130461 (Ill. Mar. 20,...
“Pro Bono Is Not a Shield”: Florida Supreme Court Disbars Lawyer and Clarifies Disciplinary Aggravation/Mitigation, Social‑Media Prejudice, and No‑Contact Rules — The Florida Bar v. Malik Leigh

“Pro Bono Is Not a Shield”: Florida Supreme Court Disbars Lawyer and Clarifies Disciplinary Aggravation/Mitigation, Social‑Media Prejudice, and No‑Contact Rules — The Florida Bar v. Malik Leigh

Date: Mar 21, 2025
“Pro Bono Is Not a Shield”: Florida Supreme Court Disbars Lawyer and Clarifies Disciplinary Aggravation/Mitigation, Social‑Media Prejudice, and No‑Contact Rules — The Florida Bar v. Malik Leigh...
Presumptive Authenticity of Judicial E‑Signatures and Mandatory Portal E‑Service: Florida’s 2025 Overhaul of Electronic Filing and Service Rules

Presumptive Authenticity of Judicial E‑Signatures and Mandatory Portal E‑Service: Florida’s 2025 Overhaul of Electronic Filing and Service Rules

Date: Mar 21, 2025
Presumptive Authenticity of Judicial E‑Signatures and Mandatory Portal E‑Service: Florida’s 2025 Overhaul of Electronic Filing and Service Rules Introduction In this rulemaking opinion, the Supreme...
Reconciling Child Witness Protection with the Confrontation Clause: Mandatory Screens under Miss. Code § 99-43-101(2)(g)

Reconciling Child Witness Protection with the Confrontation Clause: Mandatory Screens under Miss. Code § 99-43-101(2)(g)

Date: Mar 21, 2025
Reconciling Child Witness Protection with the Confrontation Clause: Mandatory Screens under Miss. Code § 99-43-101(2)(g) Introduction This commentary examines the Supreme Court of Mississippi’s...
Reasonable Maintenance Standard and Notice Requirement for Highway Safety: Englander v. State of New York

Reasonable Maintenance Standard and Notice Requirement for Highway Safety: Englander v. State of New York

Date: Mar 21, 2025
Reasonable Maintenance Standard and Notice Requirement for Highway Safety England­er v. State of New York, 2025 NYSlipOp 01685 Introduction In Englander v. State of New York, the Appellate Division,...
Individualized Character Assessment Required for Video Gaming Licenses Under Pennsylvania Video Gaming Act

Individualized Character Assessment Required for Video Gaming Licenses Under Pennsylvania Video Gaming Act

Date: Mar 21, 2025
Individualized Character Assessment Required for Video Gaming Licenses Under Pennsylvania Video Gaming Act Introduction This commentary addresses the Pennsylvania Supreme Court’s decision in...
Establishing Intent-Based Parentage in ART Cases: Glover v. Junior

Establishing Intent-Based Parentage in ART Cases: Glover v. Junior

Date: Mar 21, 2025
Establishing Intent-Based Parentage in ART Cases: Glover v. Junior Introduction In Glover v. Junior, 2025 WL ____ (Pa.), the Supreme Court of Pennsylvania confronted a novel family-law question: when...
Permissibility of Third-Party Contempt Fines Under New Mexico’s Inherent Judicial Power

Permissibility of Third-Party Contempt Fines Under New Mexico’s Inherent Judicial Power

Date: Mar 21, 2025
Permissibility of Third-Party Contempt Fines Under New Mexico’s Inherent Judicial Power Introduction State v. Maestas is a landmark Supreme Court of New Mexico decision issued on March 20, 2025. The...
Evident Partiality in Insurance Appraisals: Equating Appraisal with Arbitration and Mandating Vacatur

Evident Partiality in Insurance Appraisals: Equating Appraisal with Arbitration and Mandating Vacatur

Date: Mar 21, 2025
Evident Partiality in Insurance Appraisals: Equating Appraisal with Arbitration and Mandating Vacatur Introduction Vermont Mutual Insurance Company v. New England Property Services Group, LLC, 2025...
Causal Links Require Evidence: Kentucky High Court Affirms Trial Courts’ Discretion to Bar Speculative Arguments Tying a Third Party’s Suicide to the Charged Crime

Causal Links Require Evidence: Kentucky High Court Affirms Trial Courts’ Discretion to Bar Speculative Arguments Tying a Third Party’s Suicide to the Charged Crime

Date: Mar 21, 2025
Causal Links Require Evidence: Kentucky High Court Affirms Trial Courts’ Discretion to Bar Speculative Arguments Tying a Third Party’s Suicide to the Charged Crime Case: Marquess Smith v....
Mandatory KRE 703(b) Admonition on Expert Cross-Examination; Affirmance of Wanton Murder Where Child Accesses Fentanyl

Mandatory KRE 703(b) Admonition on Expert Cross-Examination; Affirmance of Wanton Murder Where Child Accesses Fentanyl

Date: Mar 21, 2025
Mandatory KRE 703(b) Admonition on Expert Cross-Examination; Affirmance of Wanton Murder Where Child Accesses Fentanyl Introduction In Lauren Baker v. Commonwealth of Kentucky (Supreme Court of...
Undisclosed Trial-Preparation Witness Details Are Not Brady Material When Obtainable Through Defense Diligence; Strict Preservation Required for Expert-Impeachment Claims — Commentary on State v. Williams, 2025 ND 46

Undisclosed Trial-Preparation Witness Details Are Not Brady Material When Obtainable Through Defense Diligence; Strict Preservation Required for Expert-Impeachment Claims — Commentary on State v. Williams, 2025 ND 46

Date: Mar 21, 2025
Undisclosed Trial-Preparation Witness Details Are Not Brady Material When Obtainable Through Defense Diligence; Strict Preservation Required for Expert-Impeachment Claims Commentary on State v....
Statutory ETJ Opt-Out as a Precondition to Constitutional Challenges: Commentary on Elliott v. City of College Station

Statutory ETJ Opt-Out as a Precondition to Constitutional Challenges: Commentary on Elliott v. City of College Station

Date: Mar 21, 2025
Statutory ETJ Opt-Out as a Precondition to Constitutional Challenges: Commentary on Elliott v. City of College Station I. Introduction The Supreme Court of Texas’s decision in Shana Elliott and...
Possession, Not Ownership: Indispensability of Non-Possessing Tenants in Common in Premises Liability

Possession, Not Ownership: Indispensability of Non-Possessing Tenants in Common in Premises Liability

Date: Mar 21, 2025
Possession, Not Ownership: Indispensability of Non-Possessing Tenants in Common in Premises Liability Introduction This commentary examines the Pennsylvania Supreme Court’s decision in Simone v....
Utah’s General Saving Statute Protects Ongoing Criminal Prosecutions from Abatement upon Statutory Repeal

Utah’s General Saving Statute Protects Ongoing Criminal Prosecutions from Abatement upon Statutory Repeal

Date: Mar 21, 2025
Utah’s General Saving Statute Protects Ongoing Criminal Prosecutions from Abatement upon Statutory Repeal Introduction State v. Cooke, 2025 UT 6, presented the Utah Supreme Court with the pivotal...
Ministerial-Only Amendment Rule Upheld: DHCR’s Discretion under RSC §2528.3(c)

Ministerial-Only Amendment Rule Upheld: DHCR’s Discretion under RSC §2528.3(c)

Date: Mar 21, 2025
Ministerial-Only Amendment Rule Upheld: DHCR’s Discretion under RSC §2528.3(c) Introduction In Matter of LL 410 E. 78th St. LLC v. Division of Housing & Community Renewal (2025 NYSlipOp 01672), the...
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