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  • Commentaries
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state Case Commentaries

Mandatory Joinder of Map Act Takings in Direct Condemnation Actions: Commentary on Sanders v. N.C. Dep't of Transportation

Mandatory Joinder of Map Act Takings in Direct Condemnation Actions: Commentary on Sanders v. N.C. Dep't of Transportation

Date: Dec 13, 2025
Mandatory Joinder of Map Act Takings in Direct Condemnation Actions: Commentary on Sanders v. N.C. Dep't of Transportation I. Introduction This commentary examines the Supreme Court of North...
Lassiter v. Robeson County Sheriff’s Department: Recalibrating North Carolina’s Joint Employment Doctrine and the Centrality of Control

Lassiter v. Robeson County Sheriff’s Department: Recalibrating North Carolina’s Joint Employment Doctrine and the Centrality of Control

Date: Dec 13, 2025
Lassiter v. Robeson County Sheriff’s Department: Recalibrating North Carolina’s Joint Employment Doctrine and the Centrality of Control I. Introduction The Supreme Court of North Carolina’s decision...
Actual Knowledge and Attempted Obstruction: A Commentary on State v. Ford (N.C. 2025)

Actual Knowledge and Attempted Obstruction: A Commentary on State v. Ford (N.C. 2025)

Date: Dec 13, 2025
Actual Knowledge and Attempted Obstruction: Commentary on State v. Ford, Supreme Court of North Carolina (2025) I. Introduction In State v. Ford, No. 31A24 (Dec. 12, 2025), the Supreme Court of North...
Functional Characterization of Prepaid Wireless Products and Stored‑Value Cards under North Carolina Sales and Use Tax Law

Functional Characterization of Prepaid Wireless Products and Stored‑Value Cards under North Carolina Sales and Use Tax Law

Date: Dec 13, 2025
Functional Characterization of Prepaid Wireless Products and Stored‑Value Cards under North Carolina Sales and Use Tax Law I. Introduction In North Carolina Department of Revenue v. Wireless Center...
State v. Calderon: Unifying the Indecent Liberties Doctrine Through the “Distinct Interruption” Test

State v. Calderon: Unifying the Indecent Liberties Doctrine Through the “Distinct Interruption” Test

Date: Dec 13, 2025
State v. Calderon: Unifying the Indecent Liberties Doctrine Through the “Distinct Interruption” Test I. Introduction The Supreme Court of North Carolina’s decision in State v. Calderon (No. 238A23,...
De Novo Resentencing and the Limits of Appellate Mandates: Commentary on State v. Kelliher (N.C. 2025)

De Novo Resentencing and the Limits of Appellate Mandates: Commentary on State v. Kelliher (N.C. 2025)

Date: Dec 13, 2025
De Novo Resentencing and the Limits of Appellate Mandates: Commentary on State v. Kelliher (N.C. 2025) I. Introduction The Supreme Court of North Carolina’s 2025 decision in State v. Kelliher (No....

    Ellis v. Jolley: Ordinary Driving by Municipal Trash Truck Drivers Is Not Protected by Sovereign Immunity, While Municipal Trash Collection Itself Remains Immune

Ellis v. Jolley: Ordinary Driving by Municipal Trash Truck Drivers Is Not Protected by Sovereign Immunity, While Municipal Trash Collection Itself Remains Immune

Date: Dec 13, 2025
Ellis v. Jolley: Ordinary Driving by Municipal Trash Truck Drivers Is Not Protected by Sovereign Immunity, While Municipal Trash Collection Itself Remains Immune I. Introduction The Supreme Court of...

    State v. Long: Cross‑Jurisdictional Other‑Act Evidence and Psychological Coercion in Familial Rape and Abuse Prosecutions

State v. Long: Cross‑Jurisdictional Other‑Act Evidence and Psychological Coercion in Familial Rape and Abuse Prosecutions

Date: Dec 13, 2025
State v. Long: Cross‑Jurisdictional Other‑Act Evidence and Psychological Coercion in Familial Rape and Abuse Prosecutions I. Introduction In State v. Long, 2025 S.D. 69, the Supreme Court of South...
Defining “Public Issue” Under Colorado’s Anti‑SLAPP Statute: The Two‑Step Test and the Irrelevance of Motive in Lind‑Barnett v. Tender Care Veterinary Center

Defining “Public Issue” Under Colorado’s Anti‑SLAPP Statute: The Two‑Step Test and the Irrelevance of Motive in Lind‑Barnett v. Tender Care Veterinary Center

Date: Dec 13, 2025
Defining “Public Issue” Under Colorado’s Anti‑SLAPP Statute: The Two‑Step Test and the Irrelevance of Motive in Lind‑Barnett v. Tender Care Veterinary Center I. Introduction In Jennifer Lind‑Barnett...
Pallet Jacks, Liftgates, and Conditional Indemnification: Refining Labor Law § 240(1) and Contractual Risk Transfer in Bordonaro v. E.C. Provini Co., Inc.

Pallet Jacks, Liftgates, and Conditional Indemnification: Refining Labor Law § 240(1) and Contractual Risk Transfer in Bordonaro v. E.C. Provini Co., Inc.

Date: Dec 12, 2025
Pallet Jacks, Liftgates, and Conditional Indemnification: Refining Labor Law § 240(1) and Contractual Risk Transfer in Bordonaro v. E.C. Provini Co., Inc. I. Introduction Bordonaro v. E.C. Provini...
Prejudgment Interest as a Question of Law for the Court: Commentary on Russ & Debi Ropken v. YJ Construction, Inc. (2025 WY 131)

Prejudgment Interest as a Question of Law for the Court: Commentary on Russ & Debi Ropken v. YJ Construction, Inc. (2025 WY 131)

Date: Dec 12, 2025
Prejudgment Interest as a Question of Law for the Court: Commentary on Russ & Debi Ropken v. YJ Construction, Inc., 2025 WY 131 I. Introduction The Wyoming Supreme Court’s decision in Russ Ropken and...
Separate Estate, Marital Earnings, and “Property Acquired During Marriage”: The Wyoming Supreme Court’s Framework for Interpreting Postnuptial Agreements in Young v. Jones

Separate Estate, Marital Earnings, and “Property Acquired During Marriage”: The Wyoming Supreme Court’s Framework for Interpreting Postnuptial Agreements in Young v. Jones

Date: Dec 12, 2025
Separate Estate, Marital Earnings, and “Property Acquired During Marriage”: The Wyoming Supreme Court’s Framework for Interpreting Postnuptial Agreements in Young v. Jones I. Introduction In Bethany...
Mutual Waivers as Consideration and Limits on Separate‑Property Clauses in Wyoming Postnuptial Agreements: Commentary on Jones v. Young, 2025 WY 130

Mutual Waivers as Consideration and Limits on Separate‑Property Clauses in Wyoming Postnuptial Agreements: Commentary on Jones v. Young, 2025 WY 130

Date: Dec 12, 2025
Mutual Waivers as Consideration and Limits on Separate‑Property Clauses in Wyoming Postnuptial Agreements Commentary on Jeremy D. Jones v. Bethany D. Young, 2025 WY 130 (Wyo. Dec. 10, 2025) I....
Independent Certification Discipline Beyond Tenure Arbitration: Commentary on In the Matter of the Certificates of Nicholas Cilento (N.J. 2025)

Independent Certification Discipline Beyond Tenure Arbitration: Commentary on In the Matter of the Certificates of Nicholas Cilento (N.J. 2025)

Date: Dec 12, 2025
Independent Certification Discipline Beyond Tenure Arbitration: Commentary on In the Matter of the Certificates of Nicholas Cilento, Supreme Court of New Jersey (Dec. 9, 2025) I. Introduction The...
Strict Enforcement of Rule 33 Timeliness and Issue Preservation in Rhode Island: Commentary on State v. Victor Tavares (R.I. 2025)

Strict Enforcement of Rule 33 Timeliness and Issue Preservation in Rhode Island: Commentary on State v. Victor Tavares (R.I. 2025)

Date: Dec 12, 2025
Strict Enforcement of Rule 33 Timeliness and Issue Preservation in Rhode Island: Commentary on State v. Victor Tavares (R.I. 2025) I. Introduction The Rhode Island Supreme Court’s order in State v....
Base-Date Vacancy Leases and Undisclosed Preferential Rents: Commentary on Matter of East Riv. Group, LLC v. DHCR

Base-Date Vacancy Leases and Undisclosed Preferential Rents: Commentary on Matter of East Riv. Group, LLC v. DHCR

Date: Dec 12, 2025
Base-Date Vacancy Leases and Undisclosed Preferential Rents: Commentary on Matter of East Riv. Group, LLC v. New York State Division of Housing and Community Renewal I. Introduction The Appellate...
Judicial Estoppel as a Bar to Standing in Investor-Fraud Actions: Commentary on Meisels v. Bernstein

Judicial Estoppel as a Bar to Standing in Investor-Fraud Actions: Commentary on Meisels v. Bernstein

Date: Dec 12, 2025
Judicial Estoppel as a Bar to Standing in Investor-Fraud Actions: Commentary on Meisels v. Bernstein I. Introduction The Appellate Division, Second Department’s decision in Meisels v. Bernstein, 2025...
Levine v. Pee Wee & Tyson, Ltd.: Appellate Clarification of Garden-Variety Emotional Distress and Attorney’s Fees Awards Under the NYCHRL After Default

Levine v. Pee Wee & Tyson, Ltd.: Appellate Clarification of Garden-Variety Emotional Distress and Attorney’s Fees Awards Under the NYCHRL After Default

Date: Dec 12, 2025
Levine v. Pee Wee & Tyson, Ltd.: Appellate Clarification of Garden-Variety Emotional Distress and Attorney’s Fees Awards Under the NYCHRL After Default I. Introduction Levine v. Pee Wee & Tyson,...
Fleurantin v. Fleurantin: Imputed Income, Statutory Deductions, and Equitable Distribution Following Annulment

Fleurantin v. Fleurantin: Imputed Income, Statutory Deductions, and Equitable Distribution Following Annulment

Date: Dec 12, 2025
Fleurantin v. Fleurantin: Imputed Income, Statutory Deductions, and Equitable Distribution Following Annulment 1. Introduction In Fleurantin v. Fleurantin, 2025 NY Slip Op 06847 (2d Dept Dec. 10,...
Cisco v. Verizon New York, Inc.: Consent-Based Utility Rights-of-Way as a Bar to Inverse Condemnation, Trespass, and Related Claims

Cisco v. Verizon New York, Inc.: Consent-Based Utility Rights-of-Way as a Bar to Inverse Condemnation, Trespass, and Related Claims

Date: Dec 12, 2025
Cisco v. Verizon New York, Inc.: Consent-Based Utility Rights-of-Way as a Bar to Inverse Condemnation, Trespass, and Related Claims I. Introduction In Cisco v. Verizon New York, Inc., 2025 NY Slip Op...
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