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  • Commentaries
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state Case Commentaries

Florida Probate Practice Updated: Mandatory E‑Service of Formal Notice on Appearing Counsel; “Promptly Thereafter” Standard for Serving Objections to Personal Representative’s Proof of Claim; Guardianship Physician Report Timing Aligned with Statute

Florida Probate Practice Updated: Mandatory E‑Service of Formal Notice on Appearing Counsel; “Promptly Thereafter” Standard for Serving Objections to Personal Representative’s Proof of Claim; Guardianship Physician Report Timing Aligned with Statute

Date: Mar 21, 2025
Florida Probate Practice Updated: Mandatory E‑Service of Formal Notice on Appearing Counsel; “Promptly Thereafter” Standard for Serving Objections to Personal Representative’s Proof of Claim;...
Substance Prevails Over Form: Establishing Time-Barred Limits for Defamation Disguised as Negligence

Substance Prevails Over Form: Establishing Time-Barred Limits for Defamation Disguised as Negligence

Date: Mar 20, 2025
Substance Prevails Over Form: Establishing Time-Barred Limits for Defamation Disguised as Negligence Introduction The Supreme Court of Mississippi recently rendered a critical decision in the case of...
Affirmative Defense Waiver and Directed Verdict Correction: A New Precedent in Debt Recovery and Contractual Liability

Affirmative Defense Waiver and Directed Verdict Correction: A New Precedent in Debt Recovery and Contractual Liability

Date: Mar 20, 2025
Affirmative Defense Waiver and Directed Verdict Correction: A New Precedent in Debt Recovery and Contractual Liability Introduction In the recent decision in Radco Fishing and Rental Tools, Inc.,...
Establishing Rigorous Standards for Client Trust Account Management and Communication

Establishing Rigorous Standards for Client Trust Account Management and Communication

Date: Mar 20, 2025
Establishing Rigorous Standards for Client Trust Account Management and Communication Introduction The Iowa Supreme Court’s recent decision in Iowa Supreme Court Attorney Disciplinary Board,...
Ineffective PCR Counsel Claims Do Not Extend Statutory Limitations: Affirming the Finality of the Three-Year Postconviction Relief Deadline

Ineffective PCR Counsel Claims Do Not Extend Statutory Limitations: Affirming the Finality of the Three-Year Postconviction Relief Deadline

Date: Mar 20, 2025
Ineffective PCR Counsel Claims Do Not Extend Statutory Limitations: Affirming the Finality of the Three-Year Postconviction Relief Deadline Introduction The case of Brandon Daniel Ruiz v. State of...
The Public Nature of Use of Force Reports: Expanding Access to Factual Police Records

The Public Nature of Use of Force Reports: Expanding Access to Factual Police Records

Date: Mar 20, 2025
The Public Nature of Use of Force Reports: Expanding Access to Factual Police Records Introduction In the case of Harvey L. Harrison, Appellee, v. Lisa Mickey, in her official capacity as Open...
Defining the Completion of Administrative Investigations: The Intersection of Discipline and Procedural Rights under Iowa Code §80F.1

Defining the Completion of Administrative Investigations: The Intersection of Discipline and Procedural Rights under Iowa Code §80F.1

Date: Mar 20, 2025
Defining the Completion of Administrative Investigations: The Intersection of Discipline and Procedural Rights under Iowa Code §80F.1 Introduction The judgment in Antoine Smith v. City of Cedar...
Deferred Judgment Eligibility and Prior Felony Conviction: Definitive Interpretation of Iowa Code § 907.3(1)(a)(1)

Deferred Judgment Eligibility and Prior Felony Conviction: Definitive Interpretation of Iowa Code § 907.3(1)(a)(1)

Date: Mar 20, 2025
Deferred Judgment Eligibility and Prior Felony Conviction: Definitive Interpretation of Iowa Code § 907.3(1)(a)(1) Introduction In the case of State of Iowa v. Ewaun Connor Gardner Jr., the Supreme...
New Precedent on Blood Test Evidence in DUI Cases: Constitutional Protections and Exclusionary Considerations

New Precedent on Blood Test Evidence in DUI Cases: Constitutional Protections and Exclusionary Considerations

Date: Mar 20, 2025
New Precedent on Blood Test Evidence in DUI Cases: Constitutional Protections and Exclusionary Considerations Introduction The Supreme Court of Georgia’s decision in THE STATE v. DIAS establishes...
Suspension over Admonishment: A New Benchmark in Lawyer Misconduct Discipline

Suspension over Admonishment: A New Benchmark in Lawyer Misconduct Discipline

Date: Mar 20, 2025
Suspension over Admonishment: A New Benchmark in Lawyer Misconduct Discipline Introduction The judgment in The Florida Bar v. Danielle Renee Watson marks a significant moment in the discipline of...
Mandamus Denied: Broad Discretion of Election Boards in Signature Verification and No Duty for Reconsideration Hearings

Mandamus Denied: Broad Discretion of Election Boards in Signature Verification and No Duty for Reconsideration Hearings

Date: Mar 20, 2025
Mandamus Denied: Broad Discretion of Election Boards in Signature Verification and No Duty for Reconsideration Hearings Introduction State ex rel. Porteous v. Franklin Cty. Bd. of Elections, Slip...
Intervention and Consolidation in Competing Real Property Encumbrance Actions: Rights under CPLR 1012(a)(3) and 602(a)

Intervention and Consolidation in Competing Real Property Encumbrance Actions: Rights under CPLR 1012(a)(3) and 602(a)

Date: Mar 20, 2025
Intervention and Consolidation in Competing Real Property Encumbrance Actions: Rights under CPLR 1012(a)(3) and 602(a) Introduction Windward Bora, LLC (“Windward”) and Home Funds Direct (“Home...
Fraud-Based Rescission of Release Agreements under the Child Victims Act: Gormley v. Marist Brothers (2025 NYSlipOp 01612)

Fraud-Based Rescission of Release Agreements under the Child Victims Act: Gormley v. Marist Brothers (2025 NYSlipOp 01612)

Date: Mar 20, 2025
Fraud-Based Rescission of Release Agreements under the Child Victims Act: Gormley v. Marist Brothers (2025 NYSlipOp 01612) 1. Introduction In Gormley v. Marist Brothers of the Schools, Province of...
Judicial Power, Mootness, and Administrative Finality: Commentary on In re Carlson (Tex. 2025)

Judicial Power, Mootness, and Administrative Finality: Commentary on In re Carlson (Tex. 2025)

Date: Mar 20, 2025
Judicial Power, Mootness, and Administrative Finality: Commentary on In re Carlson (Tex. 2025) I. Introduction The Supreme Court of Texas’s decision in In re Carlson, No. 24‑0081 (Apr. 25, 2025), is...
Closing the Tag-Along Venue Loophole: Limits on Interlocutory Appeals Under Texas Civil Practice & Remedies Code § 15.003(b)

Closing the Tag-Along Venue Loophole: Limits on Interlocutory Appeals Under Texas Civil Practice & Remedies Code § 15.003(b)

Date: Mar 20, 2025
Closing the Tag-Along Venue Loophole: Limits on Interlocutory Appeals Under Texas Civil Practice & Remedies Code § 15.003(b) I. Introduction The Supreme Court of Texas’s decision in Rush Truck...
Unequivocal Withdrawal of Termination Binds the Court: Commentary on D.V. v. Texas Department of Family and Protective Services

Unequivocal Withdrawal of Termination Binds the Court: Commentary on D.V. v. Texas Department of Family and Protective Services

Date: Mar 20, 2025
“If the State Is Not Seeking Termination, the Court May Not Terminate” A Commentary on D.V. v. Texas Department of Family and Protective Services I. Introduction The Supreme Court of Texas’s decision...
When Duration Equals Scope: Delegating the Temporal Reach of Arbitration Agreements in Cerna v. Pearland Urban Air

When Duration Equals Scope: Delegating the Temporal Reach of Arbitration Agreements in Cerna v. Pearland Urban Air

Date: Mar 20, 2025
When Duration Equals Scope: Delegating the Temporal Reach of Arbitration Agreements in Cerna v. Pearland Urban Air I. Introduction The Supreme Court of Texas’s decision in Abigail Dalila Cerna, as...
Clarifying Railway Labor Act Preemption and Validating Union Member Claim Assignments: Commentary on The Boeing Company v. SWAPA

Clarifying Railway Labor Act Preemption and Validating Union Member Claim Assignments: Commentary on The Boeing Company v. SWAPA

Date: Mar 20, 2025
Clarifying Railway Labor Act Preemption and Validating Union Member Claim Assignments: A Commentary on The Boeing Company v. Southwest Airlines Pilots Association I. Introduction The Supreme Court of...
Acknowledgment of Prior Neglect as a Precondition for Remediation in Parental Rights Cases: An In re W.M. Commentary

Acknowledgment of Prior Neglect as a Precondition for Remediation in Parental Rights Cases: An In re W.M. Commentary

Date: Mar 20, 2025
Acknowledgment of Prior Neglect as a Precondition for Remediation in Parental Rights Cases: An In re W.M. Commentary Introduction The case In re W.M. before the Supreme Court of West Virginia...
Establishing the Clear and Convincing Standard in Abuse and Neglect Cases: A New Precedent on Termination of Parental Rights

Establishing the Clear and Convincing Standard in Abuse and Neglect Cases: A New Precedent on Termination of Parental Rights

Date: Mar 20, 2025
Establishing the Clear and Convincing Standard in Abuse and Neglect Cases: A New Precedent on Termination of Parental Rights Introduction The Judgment in the case of In re L.F., rendered by the...
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