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state Case Commentaries

Survival of Attorney-Fee Clauses Beyond Deed Merger & Limits on Fee Recovery: A Commentary on McOmber v. Thompson (Idaho 2025)

Survival of Attorney-Fee Clauses Beyond Deed Merger & Limits on Fee Recovery: A Commentary on McOmber v. Thompson (Idaho 2025)

Date: Jul 23, 2025
Survival of Attorney-Fee Clauses Beyond Deed Merger & Limits on Fee Recovery: A Comprehensive Commentary on McOmber v. Thompson (Idaho 2025) 1. Introduction In McOmber v. Thompson, the Idaho Supreme...
Brandt v. R&R Mountain Escapes, LLC (2025): Broad Commercial-Use Bans in Restrictive Covenants Unambiguously Prohibit Short-Term Rentals

Brandt v. R&R Mountain Escapes, LLC (2025): Broad Commercial-Use Bans in Restrictive Covenants Unambiguously Prohibit Short-Term Rentals

Date: Jul 23, 2025
Brandt v. R&R Mountain Escapes, LLC (2025): Broad Commercial-Use Bans in Restrictive Covenants Unambiguously Prohibit Short-Term Rentals Introduction Brandt v. R&R Mountain Escapes, LLC, 2025 MT 155,...
Mandating Particularized Explanations: Del Duca v. Skydancer Reinforces Montana Rule 52(a)(3) Duties in Rule 12(b)(6) Dismissals

Mandating Particularized Explanations: Del Duca v. Skydancer Reinforces Montana Rule 52(a)(3) Duties in Rule 12(b)(6) Dismissals

Date: Jul 23, 2025
Mandating Particularized Explanations: Del Duca v. Skydancer Reinforces Montana Rule 52(a)(3) Duties in Rule 12(b)(6) Dismissals 1. Introduction The Supreme Court of Montana’s 2025 opinion in Del...

    “Silence Is Not Consent” & the Objective Test for Attorney Conduct:  A Commentary on Marriage of Roadarmel (2025 MT 157N)

“Silence Is Not Consent” & the Objective Test for Attorney Conduct: A Commentary on Marriage of Roadarmel (2025 MT 157N)

Date: Jul 23, 2025
“Silence Is Not Consent” & the Objective Test for Attorney Conduct: A Comprehensive Commentary on Marriage of Roadarmel (Sup. Ct. Mont. 2025) I. Introduction In Marriage of Roadarmel, the Montana...
“ARD Counts, Conviction Doesn’t”: Supreme Court of Pennsylvania Upholds Use of ARD as a “Prior Offense” for Civil License Suspensions

“ARD Counts, Conviction Doesn’t”: Supreme Court of Pennsylvania Upholds Use of ARD as a “Prior Offense” for Civil License Suspensions

Date: Jul 23, 2025
“ARD Counts, Conviction Doesn’t” – Commentary on Ferguson v. PennDOT, Bureau of Driver Licensing (Pa. 2025) 1. Introduction This commentary examines the Supreme Court of Pennsylvania’s decision in...
“Sheriff-Not-County” Rule: Arizona Supreme Court Re‐draws the Map of Vicarious Liability and Notice-of-Claim Practice (Sanchez v. Maricopa County, 2025)

“Sheriff-Not-County” Rule: Arizona Supreme Court Re‐draws the Map of Vicarious Liability and Notice-of-Claim Practice (Sanchez v. Maricopa County, 2025)

Date: Jul 23, 2025
“Sheriff-Not-County” Rule: Arizona Supreme Court Re-draws the Map of Vicarious Liability and Notice-of-Claim Practice (Sanchez v. Maricopa County, 2025) Introduction Sanchez v. Maricopa County is a...
“Beyond Aspirations: Restricting Attorney Discipline to Conduct Expressly Covered By the Hawaiʻi Rules of Professional Conduct”

“Beyond Aspirations: Restricting Attorney Discipline to Conduct Expressly Covered By the Hawaiʻi Rules of Professional Conduct”

Date: Jul 23, 2025
Beyond Aspirations: Restricting Attorney Discipline to Conduct Expressly Covered By the Hawaiʻi Rules of Professional Conduct Introduction In Office of Disciplinary Counsel v. Zenger, the Supreme...
“Collateral Consequences” as a Bar to Mootness in Tennessee: A Commentary on State of Tennessee v. Shanessa L. Sokolosky (2025)

“Collateral Consequences” as a Bar to Mootness in Tennessee: A Commentary on State of Tennessee v. Shanessa L. Sokolosky (2025)

Date: Jul 23, 2025
“Collateral Consequences” as a Bar to Mootness in Tennessee: Comprehensive Commentary on State of Tennessee v. Shanessa L. Sokolosky (Tenn. 2025) 1. Introduction State of Tennessee v. Shanessa L....
Supreme Court of Ohio Reinforces Public-Notice Requirement in Bar Admissions under Gov.Bar R. I(17)

Supreme Court of Ohio Reinforces Public-Notice Requirement in Bar Admissions under Gov.Bar R. I(17)

Date: Jul 23, 2025
Supreme Court of Ohio Reinforces Public-Notice Requirement in Bar Admissions under Gov.Bar R. I(17) 1. Introduction On 18 July 2025 the Supreme Court of Ohio issued an Administrative Action entitled...
The Davila Rule: Clarifying Vermont Sentence Credits for Absconders Held Out-of-State

The Davila Rule: Clarifying Vermont Sentence Credits for Absconders Held Out-of-State

Date: Jul 23, 2025
The Davila Rule: Clarifying Vermont Sentence Credits for Absconders Held Out-of-State Introduction In Julio Davila v. Nicholas Deml, 2025 VT 39, the Vermont Supreme Court confronted a recurring, but...
Limiting the Common-Fund Doctrine: Vermont Supreme Court Declines Expansion Beyond Insurance-Subrogation Context

Limiting the Common-Fund Doctrine: Vermont Supreme Court Declines Expansion Beyond Insurance-Subrogation Context

Date: Jul 23, 2025
Limiting the Common-Fund Doctrine: Vermont Supreme Court Declines Expansion Beyond Insurance-Subrogation Context 1. Introduction In WWSAF Special Partners Group, LLC (Series D) v. Costello, Valente &...
Absolute and Unconditional Guaranties & Assignee Standing Clarified – A Commentary on Henderson State Co. v. Garrelts (319 Neb. 485)

Absolute and Unconditional Guaranties & Assignee Standing Clarified – A Commentary on Henderson State Co. v. Garrelts (319 Neb. 485)

Date: Jul 23, 2025
Absolute and Unconditional Guaranties & Assignee Standing Clarified – Commentary on Henderson State Co. v. Garrelts (319 Neb. 485) 1. Introduction In Henderson State Company v. Garrelts, 319 Neb. 485...
Intra-Action Child Support Petitions Permitted After Bridge Orders: A Comprehensive Commentary on Jones v. Colgrove (319 Neb. 461)

Intra-Action Child Support Petitions Permitted After Bridge Orders: A Comprehensive Commentary on Jones v. Colgrove (319 Neb. 461)

Date: Jul 23, 2025
Intra-Action Child Support Petitions Permitted After Bridge Orders: A Comprehensive Commentary on Jones v. Colgrove (319 Neb. 461) 1. Introduction The Nebraska Supreme Court’s decision in Jones v....
Axvig v. Czajkowski: Contractual Notice Provisions as Mandatory Preconditions to Any Cancellation of a North Dakota Contract for Deed

Axvig v. Czajkowski: Contractual Notice Provisions as Mandatory Preconditions to Any Cancellation of a North Dakota Contract for Deed

Date: Jul 23, 2025
Axvig v. Czajkowski (2025 ND 135): Contractual Notice Provisions Are Mandatory Preconditions to Any Seller-Initiated Cancellation – Even When Proceeding by Court Action Introduction Court: Supreme...
Bang v. Continental Resources: Clarifying the Implied Right to Salt-Water Pipelines and Defining the Limits of Surface-Damage Claims in North Dakota

Bang v. Continental Resources: Clarifying the Implied Right to Salt-Water Pipelines and Defining the Limits of Surface-Damage Claims in North Dakota

Date: Jul 23, 2025
Bang v. Continental Resources: Clarifying the Implied Right to Salt-Water Pipelines and Defining the Limits of Surface-Damage Claims in North Dakota Introduction In Bang v. Continental Resources,...
The “Competent-Evidence Threshold” & Judicial Explanation Duty in Custody-Modification Motions – A Commentary on Carvalho v. Carvalho, 2025 ND 129

The “Competent-Evidence Threshold” & Judicial Explanation Duty in Custody-Modification Motions – A Commentary on Carvalho v. Carvalho, 2025 ND 129

Date: Jul 23, 2025
The “Competent-Evidence Threshold” & Judicial Explanation Duty in Custody-Modification Motions Comprehensive Commentary on Carvalho v. Carvalho, 2025 ND 129 1. Introduction Carvalho v. Carvalho (2025...
State v. Berkley: North Dakota Supreme Court Affirms Judicial Discretion in Child-Offender Registration

State v. Berkley: North Dakota Supreme Court Affirms Judicial Discretion in Child-Offender Registration

Date: Jul 23, 2025
State v. Berkley (2025 ND 134): Clarification of Judicial Discretion in Ordering Registration as an “Offender Against Children” 1. Introduction In State v. Berkley, 2025 ND 134, the North Dakota...
State v. Kennedy – Clarifying Invited Error and the Trial Court’s Limited Duty to Exclude Rule 404(b) Evidence Sua Sponte

State v. Kennedy – Clarifying Invited Error and the Trial Court’s Limited Duty to Exclude Rule 404(b) Evidence Sua Sponte

Date: Jul 23, 2025
State v. Kennedy – Clarifying Invited Error and the Trial Court’s Limited Duty to Exclude Rule 404(b) Evidence Sua Sponte Introduction State v. Kennedy, 2025 ND 130, presented the North Dakota...
State v. Solomon: Clarifying “Good Cause” and Implicit Barker Analysis under N.D.C.C. § 29-19-02

State v. Solomon: Clarifying “Good Cause” and Implicit Barker Analysis under N.D.C.C. § 29-19-02

Date: Jul 23, 2025
State v. Solomon: Clarifying “Good Cause” and Implicit Barker Analysis under N.D.C.C. § 29-19-02 Introduction In State v. Solomon, 2025 ND 133, the North Dakota Supreme Court was asked to decide...
Clarifying Personal Liability under N.D.C.C. § 65-04-26.1: No Penalties for Payroll-Report Failures, Yes to Prospective Accrual

Clarifying Personal Liability under N.D.C.C. § 65-04-26.1: No Penalties for Payroll-Report Failures, Yes to Prospective Accrual

Date: Jul 23, 2025
Clarifying Personal Liability under N.D.C.C. § 65-04-26.1: No Penalties for Payroll-Report Failures, Yes to Prospective Accrual Introduction In WSI v. Boechler, 2025 ND 132, the North Dakota Supreme...
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