state Case Commentaries

Trust Construction in Nevada Requires Personal Jurisdiction Over the Trustee: In rem authority under NRS 164.010 cannot bypass due process; appointing a registered agent (NRS 14.020) is not consent to suit

Date: Aug 31, 2025

Trust Construction in Nevada Requires Personal Jurisdiction Over the Trustee In rem authority under NRS 164.010 cannot bypass due process; appointing a registered agent (NRS 14.020) is not consent to...

Fixed-Fraction NPRIs Are Calculated on the Entire Described Tract—Even Where Part Lies Below the Missouri River’s OHWM: Commentary on Garaas v. Continental Resources, 2025 ND 146

Date: Aug 31, 2025

Fixed-Fraction NPRIs Are Calculated on the Entire Described Tract—Even Where Part Lies Below the Missouri River’s OHWM: Commentary on Garaas v. Continental Resources, 2025 ND 146 Introduction In...

Juliuson v. Johnson: Waiver Can Defeat Lease Renewal Options; Specific Performance Requires Proven Breach; Bad‑Faith Tort Remains Insurance‑Only

Date: Aug 31, 2025

Juliuson v. Johnson: Waiver Can Defeat Lease Renewal Options; Specific Performance Requires Proven Breach; Bad‑Faith Tort Remains Insurance‑Only Introduction In Juliuson v. Johnson, 2025 ND 139, the...

Facial Physical‑Takings Claims Accrue Upon Implementation, Not Enactment: ND Supreme Court Clarifies Standing and Jurisdiction in CO2 Pore‑Space Amalgamation

Date: Aug 31, 2025

Facial Physical‑Takings Claims Accrue Upon Implementation, Not Enactment: North Dakota Supreme Court Clarifies Standing and Jurisdiction in CO2 Pore‑Space Amalgamation Introduction In Northwest...

Filed Pleadings Protected, Private Gossip Not: Nevada Supreme Court Reaffirms Litigation Privilege as a Complete Bar at Anti‑SLAPP Prong Two and Clarifies NRS 41.637’s “Interested Audience” Requirement

Date: Aug 31, 2025

Filed Pleadings Protected, Private Gossip Not: Nevada Supreme Court Reaffirms Litigation Privilege as a Complete Bar at Anti‑SLAPP Prong Two and Clarifies NRS 41.637’s “Interested Audience”...

Substantial Issue Alone Is Insufficient: Delaware Supreme Court Reaffirms Strict Rule 42 Gatekeeping for Interlocutory Appeals in Complex Insurance Coverage Disputes

Date: Aug 31, 2025

Substantial Issue Alone Is Insufficient: Delaware Supreme Court Reaffirms Strict Rule 42 Gatekeeping for Interlocutory Appeals in Complex Insurance Coverage Disputes Introduction In Ace American...

County Plat Changes Cannot Strip CC&Rs: Idaho Supreme Court Clarifies Applicability, Road Construction, and Injunction Specificity in Jordan v. Powers

Date: Aug 31, 2025

County Plat Amendments Cannot Remove Land from CC&Rs; Roads Are Not Categorically Barred but Require Design Committee Approval Case: Jordan v. Powers, Supreme Court of Idaho (Aug. 28, 2025)...

Authorizing Substitute Service for Unascertainable Respondents in Vulnerable-Adult Exploitation Injunctions: Florida Supreme Court’s Fast-Track Amendment to Probate Rule 5.920

Date: Aug 31, 2025

Authorizing Substitute Service for Unascertainable Respondents in Vulnerable-Adult Exploitation Injunctions: Florida Supreme Court’s Fast-Track Amendment to Probate Rule 5.920 Introduction On August...

Florida Supreme Court Standardizes New-Member Bar Fees and Adds Annual Reporting for Non-Florida Lawyers: 2025 Amendments to Chapter 1

Date: Aug 31, 2025

Florida Supreme Court Standardizes New-Member Bar Fees and Adds Annual Reporting for Non-Florida Lawyers: 2025 Amendments to Chapter 1 Introduction In a rulemaking opinion issued on August 28, 2025,...

Due Process Recalibrated in Florida Bar Discipline: Immediate Challenges to Interim Probation, Unified Briefing Deadlines, and Narrowed Judicial Referral Authority

Date: Aug 31, 2025

Due Process Recalibrated in Florida Bar Discipline: Immediate Challenges to Interim Probation, Unified Briefing Deadlines, and Narrowed Judicial Referral Authority Introduction In this administrative...

Bell v. State (Fla. 2025): Speculative Custodial-Coercion Allegations Cannot Overcome Record-Clear Waivers; Rule 3.130 Delay Alone Is Not Fundamental Error

Date: Aug 31, 2025

Bell v. State (Fla. 2025): Speculative Custodial-Coercion Allegations Cannot Overcome Record-Clear Waivers; Rule 3.130 Delay Alone Is Not Fundamental Error Introduction This commentary analyzes the...

Quo Warranto Is the Exclusive Vehicle to Remove a Committee-Appointed Township Trustee; Probate Judge’s Duty to Appoint under R.C. 503.24 Arises Only When a Vacancy Exists

Date: Aug 31, 2025

Quo Warranto Is the Exclusive Vehicle to Remove a Committee-Appointed Township Trustee; Probate Judge’s Duty to Appoint under R.C. 503.24 Arises Only When a Vacancy Exists Case: State ex rel....

People v. Class (2025): Appellate Reassignment on Remand in Postconviction Cases Limited to Bias or Probability of Bias; Rule 615(b)(2) Authority Clarified and Serrano Overruled

Date: Aug 31, 2025

People v. Class (2025): Appellate Reassignment on Remand in Postconviction Cases Limited to Bias or Probability of Bias; Rule 615(b)(2) Authority Clarified and Serrano Overruled Introduction In...

Utah’s First UPEPA Roadmap: Public Concern Defined, Plaintiff’s Prima Facie “Lack of Privilege” Burden, and Limits on Add‑On Torts — Commentary on Mackey v. Krause (2025 UT 37)

Date: Aug 31, 2025

Utah’s First UPEPA Roadmap: Public Concern Defined, Plaintiff’s Prima Facie “Lack of Privilege” Burden, and Limits on Add‑On Torts — Commentary on Mackey v. Krause (2025 UT 37) Introduction This...

When Dependency Equals Placement: Washington Supreme Court Requires ICWA/WICWA “Active Efforts” Findings at Dependency Fact‑Finding and Orders Immediate Return Absent Danger

Date: Aug 31, 2025

When Dependency Equals Placement: Washington Supreme Court Requires ICWA/WICWA “Active Efforts” Findings at Dependency Fact‑Finding and Orders Immediate Return Absent Danger Introduction In In re...

Washington Supreme Court Recognizes Appellate Discretion to Permit Limited Nonparty Intervention in Criminal Appeals When the Same Nonparty Intervened in the Trial Court

Date: Aug 31, 2025

Appellate Discretion to Permit Limited Nonparty Intervention After Trial: State v. Thompson Introduction In State v. Thompson (No. 103338-9, Aug. 28, 2025), the Washington Supreme Court addressed a...

Immediate Applicability of H.B. 265’s Public-Records Mandamus Prerequisites: Ohio Supreme Court Mandates Dismissal Without Pre‑Suit Complaint Affirmation

Date: Aug 31, 2025

Immediate Applicability of H.B. 265’s Public-Records Mandamus Prerequisites: Ohio Supreme Court Mandates Dismissal Without Pre‑Suit Complaint Affirmation Case: State ex rel. Jordan v. Dept. of...

Nonbypassable Transmission Riders Under R.C. 4928.05: Ohio Supreme Court Affirms PUCO’s Discretion and Demands Particularized Harm for Discovery Challenges

Date: Aug 31, 2025

Nonbypassable Transmission Riders Under R.C. 4928.05: Ohio Supreme Court Affirms PUCO’s Discretion and Demands Particularized Harm for Discovery Challenges Introduction In In re Application of Ohio...

Failure-to-Remedy Findings Are Sufficient When the Basis Is Discernible from the Order as a Whole: Alaska Supreme Court Affirms Termination of Parental Rights

Date: Aug 31, 2025

Failure-to-Remedy Findings Are Sufficient When the Basis Is Discernible from the Order as a Whole Case: Alana M. (Mother) v. State of Alaska, Department of Family & Community Services, Office of...

No Custody Fee Award Without Explicit AS 25.20.115 Findings; Rule 77(j) Sanctions Run Against Counsel, Not Parties — Commentary on Wallace v. O’Hara (Alaska 2025)

Date: Aug 31, 2025

No Custody Fee Award Without Explicit AS 25.20.115 Findings; Rule 77(j) Sanctions Run Against Counsel, Not Parties Case: Amye Wallace v. John O’Hara, Supreme Court of the State of Alaska, No. S-19241...

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