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state Case Commentaries

Jackson v. KA-3 Associates, LLC: Oregon Supreme Court Affirms Landlord Duty to Maintain Common Areas Under ORS 90.320(1)

Jackson v. KA-3 Associates, LLC: Oregon Supreme Court Affirms Landlord Duty to Maintain Common Areas Under ORS 90.320(1)

Date: Jul 22, 2025
Jackson v. KA-3 Associates, LLC: Extending Oregon Landlord Habitability Obligations to Common Areas Under ORS 90.320(1) Introduction Citation: Jackson v. KA-3 Associates, LLC, 374 Or 1 (2025),...
Implicit Nondisparagement Clauses Do Not Waive Oregon’s Anti-SLAPP Protections – A Commentary on Lowes v. Thompson, 374 Or 23 (2025)

Implicit Nondisparagement Clauses Do Not Waive Oregon’s Anti-SLAPP Protections – A Commentary on Lowes v. Thompson, 374 Or 23 (2025)

Date: Jul 22, 2025
Implicit Nondisparagement Clauses Do Not Waive Oregon’s Anti-SLAPP Protections A Comprehensive Commentary on Lowes v. Thompson, 374 Or 23 (2025) 1. Introduction Lowes v. Thompson is the Oregon...
“The Registered-Owner Inference Rule” – A New Article I, § 9 Benchmark after State v. Betancourt (2025)

“The Registered-Owner Inference Rule” – A New Article I, § 9 Benchmark after State v. Betancourt (2025)

Date: Jul 22, 2025
“The Registered-Owner Inference Rule” – A New Article I, § 9 Benchmark after State v. Betancourt (2025) 1. Introduction The Supreme Court of Oregon’s en banc decision in State v. Betancourt, 374 Or...
The Supremacy of the Equal Protection Clause over Florida’s Non-Diminishment Mandate

The Supremacy of the Equal Protection Clause over Florida’s Non-Diminishment Mandate

Date: Jul 22, 2025
The Supremacy of the Equal Protection Clause over Florida’s Non-Diminishment Mandate: A Commentary on Black Voters Matter Capacity Building Institute, Inc. v. Secretary, Florida Department of State...
Williams v. State of Florida: No Constitutional Right to a Court-Appointed Mitigation Specialist for Pro Se Capital Defendants

Williams v. State of Florida: No Constitutional Right to a Court-Appointed Mitigation Specialist for Pro Se Capital Defendants

Date: Jul 22, 2025
Williams v. State of Florida: No Constitutional Right to a Court-Appointed Mitigation Specialist for Pro Se Capital Defendants Introduction In Donald Otis Williams v. State of Florida...
“Deference with Reasoned Explanation” — The Florida Supreme Court’s New Framework for Reviewing Public Service Commission Settlements

“Deference with Reasoned Explanation” — The Florida Supreme Court’s New Framework for Reviewing Public Service Commission Settlements

Date: Jul 22, 2025
“Deference with Reasoned Explanation” — The Florida Supreme Court’s New Framework for Reviewing Public Service Commission Settlements Introduction Florida Rising, Inc. v. Florida Public Service...
“Speak Now or Forever Hold Your Peace” – The Florida Supreme Court Declares Case (Procedural) Jurisdiction Waivable in JJJTB, Inc. v. Schmidt

“Speak Now or Forever Hold Your Peace” – The Florida Supreme Court Declares Case (Procedural) Jurisdiction Waivable in JJJTB, Inc. v. Schmidt

Date: Jul 22, 2025
“Speak Now or Forever Hold Your Peace” – The Florida Supreme Court Declares Case (Procedural) Jurisdiction Waivable in JJJTB, Inc. v. Schmidt 1. Introduction On 17 July 2025, the Supreme Court of...
Fletcher v. State: Florida Supreme Court Rejects “Reverse Jury Nullification” & Clarifies the Mitigation-Burden Framework in Capital Sentencing

Fletcher v. State: Florida Supreme Court Rejects “Reverse Jury Nullification” & Clarifies the Mitigation-Burden Framework in Capital Sentencing

Date: Jul 22, 2025
Fletcher v. State: Florida Supreme Court Rejects “Reverse Jury Nullification” & Clarifies the Mitigation-Burden Framework in Capital Sentencing Introduction Case: Timothy W. Fletcher v. State of...
“Known-but-Unexamined” Evidence and the Due-Diligence Bar in Successive
          Post-Conviction Litigation – A Commentary on Toney Deron Davis v. State of Florida (2025)

“Known-but-Unexamined” Evidence and the Due-Diligence Bar in Successive Post-Conviction Litigation – A Commentary on Toney Deron Davis v. State of Florida (2025)

Date: Jul 22, 2025
“Known-but-Unexamined” Evidence and the Due-Diligence Bar in Successive Post-Conviction Litigation A Commentary on Toney Deron Davis v. State of Florida, Supreme Court of Florida, No. SC2024-1128 (17...
The Jackson Rule: Equity in Tax-Foreclosed Property Remains Protected When Government Uses Right-of-First-Refusal

The Jackson Rule: Equity in Tax-Foreclosed Property Remains Protected When Government Uses Right-of-First-Refusal

Date: Jul 22, 2025
The Jackson Rule: Equity in Tax-Foreclosed Property Remains Protected When Government Uses the Right-of-First-Refusal Introduction In Louis Jackson v. Southfield Neighborhood Revitalization...
The “Zero-Surplus, Zero-Taking” Doctrine:  Michigan Supreme Court’s Clarification in Yono v. County of Ingham (2025)

The “Zero-Surplus, Zero-Taking” Doctrine: Michigan Supreme Court’s Clarification in Yono v. County of Ingham (2025)

Date: Jul 22, 2025
The “Zero-Surplus, Zero-Taking” Doctrine: Michigan Supreme Court’s Clarification in Yono v. County of Ingham (2025) Introduction On 16 July 2025, the Supreme Court of Michigan delivered a unanimous...
“Beyond the Four Corners”: Florida Supreme Court Affirms Actionability of Implied Covenants in Public-University Contracts

“Beyond the Four Corners”: Florida Supreme Court Affirms Actionability of Implied Covenants in Public-University Contracts

Date: Jul 19, 2025
“Beyond the Four Corners”: Florida Supreme Court Affirms Actionability of Implied Covenants in Public-University Contracts 1. Introduction Anthony Rojas, a graduate student at the University of...
Post-Reprimand Statements and the Duty of Candor: The New Rokita Rule

Post-Reprimand Statements and the Duty of Candor: The New Rokita Rule

Date: Jul 19, 2025
Post-Reprimand Statements and the Duty of Candor: The Indiana Supreme Court’s “Rokita II” Framework for Attorney Discipline Introduction In In the Matter of Theodore Edward Rokita (“Rokita II”), the...
Matter of Santos: Second Department Reaffirms Consent Discipline Parameters and a One‑Year Suspension Baseline for Attorney Neglect Coupled with Client Deception

Matter of Santos: Second Department Reaffirms Consent Discipline Parameters and a One‑Year Suspension Baseline for Attorney Neglect Coupled with Client Deception

Date: Jul 17, 2025
Matter of Santos: Second Department Reaffirms Consent Discipline Parameters and a One‑Year Suspension Baseline for Attorney Neglect Coupled with Client Deception Introduction In Matter of Santos...
Interplay of SSL §409‑h and FCA §1055‑c Clarified: Courts Must Prove Actual Unavailability of Less Restrictive Placements Before Approving QRTPs

Interplay of SSL §409‑h and FCA §1055‑c Clarified: Courts Must Prove Actual Unavailability of Less Restrictive Placements Before Approving QRTPs

Date: Jul 17, 2025
Interplay of SSL §409‑h and FCA §1055‑c Clarified: Courts Must Prove Actual Unavailability of Less Restrictive Placements Before Approving QRTPs Introduction This commentary analyzes the Appellate...
Angel v. Strulovich: Three-Year Conversion Limitations Controls Conversion‑Based Constructive Trust Claims; Accrual at Initial Withholding of Investment Funds

Angel v. Strulovich: Three-Year Conversion Limitations Controls Conversion‑Based Constructive Trust Claims; Accrual at Initial Withholding of Investment Funds

Date: Jul 17, 2025
Angel v. Strulovich: Three-Year Conversion Limitations Controls Conversion‑Based Constructive Trust Claims; Accrual at Initial Withholding of Investment Funds Introduction In Angel v. Strulovich...
“No Taking in Treating the Indigent” – The New Jersey Supreme Court Affirms that Mandatory Charity-Care Is Not a Compensable Taking

“No Taking in Treating the Indigent” – The New Jersey Supreme Court Affirms that Mandatory Charity-Care Is Not a Compensable Taking

Date: Jul 17, 2025
“No Taking in Treating the Indigent”: Englewood Hospital & Medical Center v. State Sets the Modern Boundary Between Public-Health Obligations and Property Rights 1. Introduction On 16 July 2025 the...
USPS Change‑of‑Address as Due Diligence: Second Department Clarifies CPLR 308(4) “Affix-and-Mail” and the Burden to Rebut Proper Service

USPS Change‑of‑Address as Due Diligence: Second Department Clarifies CPLR 308(4) “Affix-and-Mail” and the Burden to Rebut Proper Service

Date: Jul 17, 2025
USPS Change‑of‑Address as Due Diligence: Second Department Clarifies CPLR 308(4) “Affix-and-Mail” and the Burden to Rebut Proper Service Case: PNMAC Mortgage Opportunity Fund Investors, LLC v....
School-Observed Injury as Corroboration and Untreated Mental Illness as Independent Grounds for Neglect: Second Department’s Dual-Track Affirmance in Matter of Zaria P. (Sade G.)

School-Observed Injury as Corroboration and Untreated Mental Illness as Independent Grounds for Neglect: Second Department’s Dual-Track Affirmance in Matter of Zaria P. (Sade G.)

Date: Jul 17, 2025
School-Observed Injury as Corroboration and Untreated Mental Illness as Independent Grounds for Neglect: Second Department’s Dual-Track Affirmance in Matter of Zaria P. (Sade G.) Introduction In...
Issue Preclusion in New York Attorney Discipline: Out‑of‑State Probate Findings (Including Intent and Bad Faith) Bind the Respondent, But Rule Violations Remain for the Court

Issue Preclusion in New York Attorney Discipline: Out‑of‑State Probate Findings (Including Intent and Bad Faith) Bind the Respondent, But Rule Violations Remain for the Court

Date: Jul 17, 2025
Issue Preclusion in New York Attorney Discipline: Out‑of‑State Probate Findings (Including Intent and Bad Faith) Bind the Respondent, But Rule Violations Remain for the Court Introduction Matter of...
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