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  • Commentaries
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state Case Commentaries

Veljovic v. TD Bank, N.A. — Notarial Negligence, the Economic-Loss Rule, and the Boundaries of the “Special Relationship” Exception

Veljovic v. TD Bank, N.A. — Notarial Negligence, the Economic-Loss Rule, and the Boundaries of the “Special Relationship” Exception

Date: Jul 13, 2025
Notarial Negligence, the Economic-Loss Rule, and the Boundaries of the “Special Relationship” Exception Commentary on Aleksandra Veljovic v. TD Bank, N.A., 2025 VT 38 (Vt. July 11, 2025) 1....
The “Pigeon Rule”: Heightened Pleading Duties for Rebutting the Presumption of Probable Cause in Vermont

The “Pigeon Rule”: Heightened Pleading Duties for Rebutting the Presumption of Probable Cause in Vermont

Date: Jul 13, 2025
The “Pigeon Rule”: Heightened Pleading Duties for Rebutting the Presumption of Probable Cause in Vermont 1. Introduction Allen Pigeon v. Hazen Stone and numerous State defendants presented the...
“Rule 60(b) Motions Do Not Suspend Compliance” — Gaines v. Gaines and the Vermont Supreme Court’s Clarification on Timeliness, Trust Assets, and Contempt

“Rule 60(b) Motions Do Not Suspend Compliance” — Gaines v. Gaines and the Vermont Supreme Court’s Clarification on Timeliness, Trust Assets, and Contempt

Date: Jul 13, 2025
“Rule 60(b) Motions Do Not Suspend Compliance” — Gaines v. Gaines and the Vermont Supreme Court’s Clarification on Timeliness, Trust Assets, and Contempt Introduction Cindy Gaines v. Edmund Gaines,...

        The “Woods Doctrine”: Clarifying Good-Cause Evidence & Judicial Deference in Community-Supervision Furlough Appeals

The “Woods Doctrine”: Clarifying Good-Cause Evidence & Judicial Deference in Community-Supervision Furlough Appeals

Date: Jul 13, 2025
The “Woods Doctrine”: Clarifying Good-Cause Evidence & Judicial Deference in Community-Supervision Furlough Appeals 1. Introduction George Woods, Jr., a self-represented litigant, sought appellate...
“Beyond-Control” Limits in Parental‐Rights Terminations: Vermont Supreme Court Defines the Parent’s Evidentiary Burden in Stagnation Cases

“Beyond-Control” Limits in Parental‐Rights Terminations: Vermont Supreme Court Defines the Parent’s Evidentiary Burden in Stagnation Cases

Date: Jul 13, 2025
“Beyond-Control” Limits in Parental‐Rights Terminations: Vermont Supreme Court Defines the Parent’s Evidentiary Burden in Stagnation Cases 1. Introduction In In re A.B. & B.B., Juveniles, 2025 VT ___...
“One Track, Two Standards” – Vermont Supreme Court Endorses Combined Merits /
           Temporary-Care Hearings and Re-affirms Termination of Parental Rights at
           Initial Disposition without a Reasonable-Efforts Finding

“One Track, Two Standards” – Vermont Supreme Court Endorses Combined Merits / Temporary-Care Hearings and Re-affirms Termination of Parental Rights at Initial Disposition without a Reasonable-Efforts Finding

Date: Jul 13, 2025
“One Track, Two Standards” – Vermont Supreme Court Endorses Combined Merits / Temporary-Care Hearings and Re-affirms Termination of Parental Rights at Initial Disposition without a Reasonable-Efforts...
Expedited Review and Mootness in Extradition Habeas Appeals: Commentary on In Re James Fredrick (2025 VT 37)

Expedited Review and Mootness in Extradition Habeas Appeals: Commentary on In Re James Fredrick (2025 VT 37)

Date: Jul 13, 2025
Expedited Review and Mootness in Extradition Habeas Appeals A Commentary on the Supreme Court of Vermont’s Decision in In Re James Fredrick, 2025 VT 37 1. Introduction The Vermont Supreme Court’s...
Establishing Emotional Maltreatment as Child Abuse under Vermont’s RFA Statute: A Detailed Commentary on Rafuse v. Rafuse (2025)

Establishing Emotional Maltreatment as Child Abuse under Vermont’s RFA Statute: A Detailed Commentary on Rafuse v. Rafuse (2025)

Date: Jul 13, 2025
Establishing Emotional Maltreatment as Child Abuse under Vermont’s RFA Statute: A Detailed Commentary on Rafuse v. Rafuse (Vt. 2025) 1. Introduction The Vermont Supreme Court’s July 2025 entry order...
“Statutory, Not Inherent” – Vermont Supreme Court Recognizes an Implied Right of Statewide Officers to Seek Mandamus under 3 V.S.A. § 159 but Declines to Police the Substance of Attorney-General Opinions

“Statutory, Not Inherent” – Vermont Supreme Court Recognizes an Implied Right of Statewide Officers to Seek Mandamus under 3 V.S.A. § 159 but Declines to Police the Substance of Attorney-General Opinions

Date: Jul 13, 2025
“Statutory, Not Inherent” – Vermont Supreme Court Recognizes an Implied Right of Statewide Officers to Seek Mandamus under 3 V.S.A. § 159 but Declines to Police the Substance of Attorney-General...
State v. Breer, Jr.: Plea Agreements Cannot Bind Non-Party Agencies—Clarifying Enforcement Limits and Standards of Review

State v. Breer, Jr.: Plea Agreements Cannot Bind Non-Party Agencies—Clarifying Enforcement Limits and Standards of Review

Date: Jul 13, 2025
State v. Breer, Jr.: Plea Agreements Cannot Bind Non-Party Agencies—Clarifying Enforcement Limits and Standards of Review 1. Introduction In State v. Harley Breer, Jr., 2025 VT ___ (No. 24-AP-308),...
“Solicitation Requires an Overt Act” –  A Comprehensive Commentary on Insure Idaho v. Horn (Idaho 2025)

“Solicitation Requires an Overt Act” – A Comprehensive Commentary on Insure Idaho v. Horn (Idaho 2025)

Date: Jul 13, 2025
“Solicitation Requires an Overt Act” Idaho Supreme Court Clarifies Enforcement of Non-Solicitation Covenants, Preliminary Injunction Standards, and Contempt Procedure (Insure Idaho, LLC v. Horn, 173...
Beyond Formal Board Action: Agent-Authorization Liability in Wyoming Inverse Condemnation – A Commentary on Thomas Hamann v. Heart Mountain Irrigation District (2025 WY 75)

Beyond Formal Board Action: Agent-Authorization Liability in Wyoming Inverse Condemnation – A Commentary on Thomas Hamann v. Heart Mountain Irrigation District (2025 WY 75)

Date: Jul 13, 2025
Beyond Formal Board Action: Agent-Authorization Liability in Wyoming Inverse Condemnation A Comprehensive Commentary on Thomas Hamann v. Heart Mountain Irrigation District, 2025 WY 75 (Wyo. 2025) 1....
People v. Muhammad (2025): Redefining “Tortured Confession” under the TIRC Act and Establishing the “Actual-Conflict” Standard for Rescinding a Special Prosecutor in Illinois

People v. Muhammad (2025): Redefining “Tortured Confession” under the TIRC Act and Establishing the “Actual-Conflict” Standard for Rescinding a Special Prosecutor in Illinois

Date: Jul 13, 2025
People v. Muhammad (2025 IL 130470) Redefining “Tortured Confession” under the Illinois TIRC Act & Clarifying the Evidence Required to Remove a Special Prosecutor under § 3-9008(a-10)...
Jenco v. Valderra Land Holdings: Utah Supreme Court Limits Rule 62(b) Stays to Money Judgments

Jenco v. Valderra Land Holdings: Utah Supreme Court Limits Rule 62(b) Stays to Money Judgments

Date: Jul 13, 2025
Jenco v. Valderra Land Holdings (2025 UT 20): Utah Supreme Court Limits Rule 62(b) Stays to Money Judgments Introduction Jenco v. Valderra Land Holdings presented the Utah Supreme Court with a...
State v. Bell: De Novo Review and Automatic Reversal for GR 37 Violations

State v. Bell: De Novo Review and Automatic Reversal for GR 37 Violations

Date: Jul 13, 2025
State v. Bell: De Novo Review and Automatic Reversal for GR 37 Violations Introduction State v. Bell, 3 Wn.3d ___ (2025), marks the Washington Supreme Court’s most detailed engagement with General...
Expanding the Idaho Attorney General’s Investigatory Reach: The “Reason-to-Believe” Standard and Charitable-Asset Oversight after Children’s Home Society v. Labrador (Idaho 2025)

Expanding the Idaho Attorney General’s Investigatory Reach: The “Reason-to-Believe” Standard and Charitable-Asset Oversight after Children’s Home Society v. Labrador (Idaho 2025)

Date: Jul 13, 2025
Expanding the Idaho Attorney General’s Investigatory Reach: The “Reason-to-Believe” Standard and Charitable-Asset Oversight after Children’s Home Society v. Labrador (Idaho 2025) Introduction The...
“Amount Paid on Redemption” Includes Interest & Late Charges:  East Side Highway District v. Kootenai County (2025)

“Amount Paid on Redemption” Includes Interest & Late Charges: East Side Highway District v. Kootenai County (2025)

Date: Jul 13, 2025
“Amount Paid on Redemption” Includes Interest & Late Charges: East Side Highway District v. Kootenai County (Idaho 2025) 1. Introduction In East Side Highway District v. Kootenai County, the Idaho...
Wyoming Supreme Court Re-affirms the Limits of Mootness Exceptions in Juvenile Neglect Appeals

Wyoming Supreme Court Re-affirms the Limits of Mootness Exceptions in Juvenile Neglect Appeals

Date: Jul 13, 2025
Wyoming Supreme Court Re-affirms the Limits of Mootness Exceptions in Juvenile Neglect Appeals Introduction In In the Interest of: AB and JC, Minor Children; AC v. State of Wyoming, 2025 WY 74, the...
Contractor-Billed Waste Fees Exempt from Voter Approval:  A Commentary on Johnson v. City of Omaha, 319 Neb. 402 (2025)

Contractor-Billed Waste Fees Exempt from Voter Approval: A Commentary on Johnson v. City of Omaha, 319 Neb. 402 (2025)

Date: Jul 12, 2025
Contractor-Billed Waste Fees Exempt from Voter Approval: In-Depth Commentary on Johnson v. City of Omaha, 319 Neb. 402 (2025) 1. Introduction In Johnson v. City of Omaha, the Nebraska Supreme Court...
State v. Sawyer: Nebraska Supreme Court Defines “Digital Abandonment” and Re-Affirms Liberal Joinder of Offenses

State v. Sawyer: Nebraska Supreme Court Defines “Digital Abandonment” and Re-Affirms Liberal Joinder of Offenses

Date: Jul 12, 2025
State v. Sawyer: Nebraska Supreme Court Defines “Digital Abandonment” and Re-Affirms Liberal Joinder of Offenses Introduction In State v. Sawyer, 319 Neb. 435 (2025), the Nebraska Supreme Court...
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