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  • Commentaries
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state Case Commentaries

CBS Holdings, LLC v. Hexagon US Federal, Inc.:  A New Benchmark for Documentary Support and Peebles-Factor Analysis in Alabama Attorney-Fee Awards

CBS Holdings, LLC v. Hexagon US Federal, Inc.: A New Benchmark for Documentary Support and Peebles-Factor Analysis in Alabama Attorney-Fee Awards

Date: Jul 12, 2025
CBS Holdings, LLC v. Hexagon US Federal, Inc.: The Supreme Court of Alabama Demands Transparent, Substantiated Fee Petitions and Explicit Peebles-Factor Findings 1. Introduction CBS Holdings, LLC v....
The “Single-Document Judgment” Mandate and the Limits of Voluntary Dismissal: A Commentary on Elbert v. Keating, O'Gara (319 Neb. 390)

The “Single-Document Judgment” Mandate and the Limits of Voluntary Dismissal: A Commentary on Elbert v. Keating, O'Gara (319 Neb. 390)

Date: Jul 12, 2025
The “Single-Document Judgment” Mandate and the Futility of Voluntary Dismissal Tactics: Commentary on Elbert v. Keating, O'Gara, 319 Neb. 390 (2025) Introduction The Nebraska Supreme Court’s decision...
When PHC Felonies Eclipse MRTMA Misdemeanors: The Practical Effect of the Supreme Court’s Denial of Leave in People v. Julia Kathleen Soto

When PHC Felonies Eclipse MRTMA Misdemeanors: The Practical Effect of the Supreme Court’s Denial of Leave in People v. Julia Kathleen Soto

Date: Jul 12, 2025
When PHC Felonies Eclipse MRTMA Misdemeanors: The Practical Effect of the Supreme Court’s Denial of Leave in People v. Julia Kathleen Soto 1. Introduction Case name: People of the State of Michigan...
The Aquarion Rule: Prohibiting Hindsight Prudence Review and Isolating ROE from Cost Disallowances in Connecticut Utility Rate-Setting

The Aquarion Rule: Prohibiting Hindsight Prudence Review and Isolating ROE from Cost Disallowances in Connecticut Utility Rate-Setting

Date: Jul 11, 2025
The Aquarion Rule: Prohibiting Hindsight Prudence Review and Isolating ROE from Cost Disallowances in Connecticut Utility Rate-Setting Aquarion Water Co. of Connecticut v. Public Utilities Regulatory...
Expanding Judicial Discretion in Presentence Incarceration Credits: State ex rel Torres-Lopez v. Fahrion (373 Or 816)

Expanding Judicial Discretion in Presentence Incarceration Credits: State ex rel Torres-Lopez v. Fahrion (373 Or 816)

Date: Jul 11, 2025
Expanding Judicial Discretion in Presentence Incarceration Credits: State ex rel Torres-Lopez v. Fahrion (373 Or 816) Introduction On 10 July 2025 the Oregon Supreme Court, sitting en banc, delivered...
State v. Maharg – Clarifying the Burden of Proof for “Tainted-Evidence” Claims under Golding and the Harmless-Error Standard

State v. Maharg – Clarifying the Burden of Proof for “Tainted-Evidence” Claims under Golding and the Harmless-Error Standard

Date: Jul 11, 2025
State v. Maharg – Clarifying the Burden of Proof for “Tainted-Evidence” Claims under Golding and the Harmless-Error Standard 1. Introduction Court: Supreme Court of Connecticut – July 8, 2025...
State v. Maharg: The Connecticut Supreme Court Affirms a Police Duty to Halt Interrogations When a Suspect Exhibits Acute Medical Distress

State v. Maharg: The Connecticut Supreme Court Affirms a Police Duty to Halt Interrogations When a Suspect Exhibits Acute Medical Distress

Date: Jul 11, 2025
State v. Maharg: The Connecticut Supreme Court Affirms a Police Duty to Halt Interrogations When a Suspect Exhibits Acute Medical Distress 1. Introduction In State v. Maharg, 0 Conn. 0 (July 8 2025),...
Hanrahan v. State: Distinct Attorney-Fee Caps for Each “Single Accidental Injury” under New Mexico’s Workers’ Compensation Act

Hanrahan v. State: Distinct Attorney-Fee Caps for Each “Single Accidental Injury” under New Mexico’s Workers’ Compensation Act

Date: Jul 11, 2025
Hanrahan v. State: Distinct Attorney-Fee Caps for Each “Single Accidental Injury” under New Mexico’s Workers’ Compensation Act 1. Introduction Court: Supreme Court of New Mexico Date: 9 July 2025...
The “Pena Quorum Principle”: Open-Meetings Act Violations Demand Quorum Action for County-Official Recall

The “Pena Quorum Principle”: Open-Meetings Act Violations Demand Quorum Action for County-Official Recall

Date: Jul 11, 2025
The “Pena Quorum Principle”: Open-Meetings Act Violations Demand Quorum Action for County-Official Recall 1. Introduction In Pena v. Rio Arriba County Commissioner, No. S-1-SC-40411 (N.M. July 9,...
The “Perry Rule” – Odor-Based Probable Cause Survives Marijuana Decriminalization in New Mexico

The “Perry Rule” – Odor-Based Probable Cause Survives Marijuana Decriminalization in New Mexico

Date: Jul 11, 2025
The “Perry Rule” – Odor-Based Probable Cause Survives Marijuana Decriminalization in New Mexico Introduction The Supreme Court of New Mexico’s decision in State v. Perry, No. S-1-SC-40187 (July 9,...
Presumed Patient Reliance in Emergency-Room Care:  Markel v. William Beaumont Hospital (Mich. 2025)

Presumed Patient Reliance in Emergency-Room Care: Markel v. William Beaumont Hospital (Mich. 2025)

Date: Jul 11, 2025
Presumed Patient Reliance in Emergency-Room Care: Markel v. William Beaumont Hospital (Michigan Supreme Court, 2025) Introduction Markel v. William Beaumont Hospital, decided by the Michigan Supreme...
“Single-Family Residence Purposes” Re-Defined:  Berlin Trust v. Rubin and the Future of Short-Term Rentals in Michigan

“Single-Family Residence Purposes” Re-Defined: Berlin Trust v. Rubin and the Future of Short-Term Rentals in Michigan

Date: Jul 11, 2025
“Single-Family Residence Purposes” Re-Defined: Berlin Trust v. Rubin and the Future of Short-Term Rentals in Michigan 1. Introduction Swift Estates, a nine-home lakeside enclave in Berrien County,...
People v. Morris: The Michigan Supreme Court Clarifies that OV-19 Requires Fact-Specific Proof of an Actual Security Threat, Not Mere Drug Possession During Jail Intake

People v. Morris: The Michigan Supreme Court Clarifies that OV-19 Requires Fact-Specific Proof of an Actual Security Threat, Not Mere Drug Possession During Jail Intake

Date: Jul 11, 2025
People v. Morris: The Michigan Supreme Court Clarifies that OV-19 Requires Fact-Specific Proof of an Actual Security Threat, Not Mere Drug Possession During Jail Intake Introduction On 9 July 2025,...
“Fictitious‐Staff Deception” as Professional Misconduct: Hunter Sets a Higher Bar for Dishonesty-Based Sanctions in Ohio

“Fictitious‐Staff Deception” as Professional Misconduct: Hunter Sets a Higher Bar for Dishonesty-Based Sanctions in Ohio

Date: Jul 11, 2025
“Fictitious‐Staff Deception” as Professional Misconduct: Disciplinary Counsel v. Hunter (2025-Ohio-2406) and the Escalation of Sanctions for Patterned Dishonesty 1. Introduction In Disciplinary...
Bell v. State (2025): Florida Supreme Court Affirms the Right of Post-Conviction Witnesses to Invoke the Fifth Amendment and Limits Confrontation Rights in Successive Capital Collateral Proceedings

Bell v. State (2025): Florida Supreme Court Affirms the Right of Post-Conviction Witnesses to Invoke the Fifth Amendment and Limits Confrontation Rights in Successive Capital Collateral Proceedings

Date: Jul 11, 2025
Bell v. State (2025): Florida Supreme Court Affirms the Right of Post-Conviction Witnesses to Invoke the Fifth Amendment and Limits Confrontation Rights in Successive Capital Collateral Proceedings...
Recorded Easements & Disclosure Duties: Ashmus v. Coughlin’s Refinement of “Material Defect” Under R.C. 5302.30

Recorded Easements & Disclosure Duties: Ashmus v. Coughlin’s Refinement of “Material Defect” Under R.C. 5302.30

Date: Jul 11, 2025
Recorded Easements & Disclosure Duties: Ashmus v. Coughlin (2025) Refines the Meaning of “Material Defect” Under Ohio’s Residential Property Disclosure Regime 1. Introduction In Ashmus v. Coughlin,...
From “Liberal Thrust” to Rigorous Gate-Keeping: Delaware Supreme Court Aligns D.R.E. 702 with Federal Rule 702 and Mandates Product-Specific Causation — Commentary on In re Zantac (Ranitidine) Litigation

From “Liberal Thrust” to Rigorous Gate-Keeping: Delaware Supreme Court Aligns D.R.E. 702 with Federal Rule 702 and Mandates Product-Specific Causation — Commentary on In re Zantac (Ranitidine) Litigation

Date: Jul 11, 2025
From “Liberal Thrust” to Rigorous Gate-Keeping: Delaware Supreme Court Aligns D.R.E. 702 with Federal Rule 702 and Mandates Product-Specific Causation — Commentary on In re Zantac (Ranitidine)...
Requiring Impartial Planning Board Review in Municipal De-annexation Petitions: Commentary on Donald Whiteman v. Township Council of Berkeley Township

Requiring Impartial Planning Board Review in Municipal De-annexation Petitions: Commentary on Donald Whiteman v. Township Council of Berkeley Township

Date: Jul 11, 2025
Requiring Impartial Planning Board Review in Municipal De-annexation Petitions: A Commentary on Donald Whiteman v. Township Council of Berkeley Township (2025) 1. Introduction The Supreme Court of...
From “Proximate Cause” to “Contributory Nexus”: Shepherd v. Rhode Island State Police and the Re-Calibration of Heart-Attack Disability Pensions

From “Proximate Cause” to “Contributory Nexus”: Shepherd v. Rhode Island State Police and the Re-Calibration of Heart-Attack Disability Pensions

Date: Jul 11, 2025
From “Proximate Cause” to “Contributory Nexus”: Shepherd v. Rhode Island State Police and the Re-Calibration of Heart-Attack Disability Pensions 1. Introduction Shepherd v. Rhode Island State Police,...
Rehabilitation Over Conviction: Supreme Court of Ohio Clarifies the Character-and-Fitness Standard for Bar Applicants with Serious Felony Histories

Rehabilitation Over Conviction: Supreme Court of Ohio Clarifies the Character-and-Fitness Standard for Bar Applicants with Serious Felony Histories

Date: Jul 10, 2025
Rehabilitation Over Conviction: Supreme Court of Ohio Clarifies the Character-and-Fitness Standard for Bar Applicants with Serious Felony Histories 1. Introduction In In re Application of Notestine,...
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