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  • Commentaries
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state Case Commentaries

Incremental Tort Reform Survives Equal Protection: Williams v. Regency Hospital Reaffirms Georgia’s Non‑Tolling Rule for Mentally Incompetent Medical‑Malpractice Plaintiffs

Incremental Tort Reform Survives Equal Protection: Williams v. Regency Hospital Reaffirms Georgia’s Non‑Tolling Rule for Mentally Incompetent Medical‑Malpractice Plaintiffs

Date: Aug 31, 2025
Incremental Tort Reform Survives Equal Protection: Williams v. Regency Hospital Reaffirms Georgia’s Non‑Tolling Rule for Mentally Incompetent Medical‑Malpractice Plaintiffs Introduction In Williams...
Walton v. State: Preservation Pitfalls, Plain‑Error Limits, and the Narrow Path for Unpreserved 404(b) Gang Evidence

Walton v. State: Preservation Pitfalls, Plain‑Error Limits, and the Narrow Path for Unpreserved 404(b) Gang Evidence

Date: Aug 31, 2025
Walton v. State: Preservation Pitfalls, Plain‑Error Limits, and the Narrow Path for Unpreserved 404(b) Gang Evidence Introduction In Walton v. State, the Supreme Court of Georgia affirmed Richard...
Record Silence and Personal Waiver Foreclose Ineffective-Assistance Claims About Advice Not to Testify: Woods v. State (Ga. 2025)

Record Silence and Personal Waiver Foreclose Ineffective-Assistance Claims About Advice Not to Testify: Woods v. State (Ga. 2025)

Date: Aug 31, 2025
Record Silence and Personal Waiver Foreclose Ineffective-Assistance Claims About Advice Not to Testify: Woods v. State (Ga. 2025) Introduction In Woods v. State, the Supreme Court of Georgia affirmed...
Municipal Immunity Does Not Automatically Defeat Fraud Claims: Alabama Supreme Court Clarifies § 11-47-190 and Limits Mandamus Review to Preserved Immunity Grounds

Municipal Immunity Does Not Automatically Defeat Fraud Claims: Alabama Supreme Court Clarifies § 11-47-190 and Limits Mandamus Review to Preserved Immunity Grounds

Date: Aug 30, 2025
Municipal Immunity Does Not Automatically Defeat Fraud Claims: Alabama Supreme Court Clarifies § 11-47-190 and Limits Mandamus Review to Preserved Immunity Grounds Introduction In Ex parte City of...
Franklin Structures v. Williams: Ratification by Warranty Service Binds Homebuyers to Mediation-First Arbitration; Trial Courts Must Compel Mediation Before Arbitration

Franklin Structures v. Williams: Ratification by Warranty Service Binds Homebuyers to Mediation-First Arbitration; Trial Courts Must Compel Mediation Before Arbitration

Date: Aug 30, 2025
Franklin Structures v. Williams: Ratification by Warranty Service Binds Homebuyers to Mediation-First Arbitration; Trial Courts Must Compel Mediation Before Arbitration Introduction In Franklin...
Absent Transcript, Appellate Deference Controls: Circuit Courts May Not Recalculate Probate Administrator ad Litem Fees on Appeal Under § 12-22-20

Absent Transcript, Appellate Deference Controls: Circuit Courts May Not Recalculate Probate Administrator ad Litem Fees on Appeal Under § 12-22-20

Date: Aug 30, 2025
Absent Transcript, Appellate Deference Controls: Circuit Courts May Not Recalculate Probate Administrator ad Litem Fees on Appeal Under § 12-22-20 Introduction This commentary examines the Alabama...
Relative-Hardship Over Breach: Alabama Supreme Court Clarifies Clean-Hands Limits and Balancing in Restrictive Covenant Injunctions

Relative-Hardship Over Breach: Alabama Supreme Court Clarifies Clean-Hands Limits and Balancing in Restrictive Covenant Injunctions

Date: Aug 30, 2025
Relative-Hardship Over Breach: Alabama Supreme Court Clarifies Clean-Hands Limits and Balancing in Restrictive Covenant Injunctions Case: Rodney G. Englund, Dyann K. Englund, and Georgetown...
Tracing to a “Specific Drug Transaction” Not Required for Currency Forfeiture under Former § 20-2-93; Ore Tenus Deference Reaffirmed — Ex parte State of Alabama ex rel. Broussard (Ala. 2025)

Tracing to a “Specific Drug Transaction” Not Required for Currency Forfeiture under Former § 20-2-93; Ore Tenus Deference Reaffirmed — Ex parte State of Alabama ex rel. Broussard (Ala. 2025)

Date: Aug 30, 2025
Tracing to a “Specific Drug Transaction” Not Required for Currency Forfeiture under Former § 20-2-93; Ore Tenus Deference Reaffirmed Ex parte State of Alabama ex rel. Robert Broussard, District...
No Stand‑Your‑Ground, No Prior‑Crimes: Alabama Supreme Court Limits 404(b) Use To Prove “Unlawful Activity” When Self‑Defense Proceeds Under the Common Law

No Stand‑Your‑Ground, No Prior‑Crimes: Alabama Supreme Court Limits 404(b) Use To Prove “Unlawful Activity” When Self‑Defense Proceeds Under the Common Law

Date: Aug 30, 2025
No Stand‑Your‑Ground, No Prior‑Crimes: Alabama Supreme Court Limits 404(b) Use To Prove “Unlawful Activity” When Self‑Defense Proceeds Under the Common Law Case: Ex parte Corey Lee Walton, Supreme...
Rogers v. Cedar Bluff: Alabama Supreme Court Clarifies Municipal Vicarious Immunity for Volunteer Firefighters and the Status of Municipal Volunteer Fire Departments

Rogers v. Cedar Bluff: Alabama Supreme Court Clarifies Municipal Vicarious Immunity for Volunteer Firefighters and the Status of Municipal Volunteer Fire Departments

Date: Aug 30, 2025
Rogers v. Cedar Bluff: Alabama Supreme Court Clarifies Municipal Vicarious Immunity for Volunteer Firefighters and the Status of Municipal Volunteer Fire Departments Introduction In Carol Rogers, as...
No City Permits for State Billboards: Mississippi Supreme Court Reaffirms that Municipal Sign and Zoning Ordinances Do Not Reach State-Owned Property Absent Express Legislative Authorization

No City Permits for State Billboards: Mississippi Supreme Court Reaffirms that Municipal Sign and Zoning Ordinances Do Not Reach State-Owned Property Absent Express Legislative Authorization

Date: Aug 29, 2025
No City Permits for State Billboards: Mississippi Supreme Court Reaffirms that Municipal Sign and Zoning Ordinances Do Not Reach State-Owned Property Absent Express Legislative Authorization Case:...
Ambiguous Lawyer Questions and Non‑Promissory Leniency: Mississippi Supreme Court Clarifies Voluntariness and Miranda in Reyes v. State

Ambiguous Lawyer Questions and Non‑Promissory Leniency: Mississippi Supreme Court Clarifies Voluntariness and Miranda in Reyes v. State

Date: Aug 29, 2025
Ambiguous Lawyer Questions and Non‑Promissory Leniency: Mississippi Supreme Court Clarifies Voluntariness and Miranda in Reyes v. State Introduction In Antonio Sauceda Reyes a/k/a Antonio Reyes v....
“Prima Facie or Nothing”: Carvalho v. Carvalho and the North Dakota Supreme Court’s Clarification of Custody-Modification Standards

“Prima Facie or Nothing”: Carvalho v. Carvalho and the North Dakota Supreme Court’s Clarification of Custody-Modification Standards

Date: Aug 27, 2025
“Prima Facie or Nothing”: Carvalho v. Carvalho and the North Dakota Supreme Court’s Clarification of Custody-Modification Standards Introduction Carvalho v. Carvalho, 2025 ND 129, emerges from a...
Delaware Supreme Court Clarifies the “Of-and-Concerning” Test and Statute-of-Limitations Tolling for Digital-Age Defamation and Privacy Claims – Comment on John Paul Mac Isaac v. Politico LLC (2025)

Delaware Supreme Court Clarifies the “Of-and-Concerning” Test and Statute-of-Limitations Tolling for Digital-Age Defamation and Privacy Claims – Comment on John Paul Mac Isaac v. Politico LLC (2025)

Date: Aug 27, 2025
Delaware Supreme Court Clarifies the “Of-and-Concerning” Test and Statute-of-Limitations Tolling for Digital-Age Defamation and Privacy Claims Commentary on John Paul Mac Isaac v. Politico LLC, 319...
Rodriguez v. Mauna Kea Resort LLC: The “Specific-Percentage” Disclosure Rule for Hawaiʻi Service Charges

Rodriguez v. Mauna Kea Resort LLC: The “Specific-Percentage” Disclosure Rule for Hawaiʻi Service Charges

Date: Aug 26, 2025
Rodriguez v. Mauna Kea Resort LLC: The New Requirement to State the Exact Portion of a Service Charge Paid as Tip Income Introduction Rodriguez v. Mauna Kea Resort LLC, 155 Haw. 223 (Haw. 2025),...
No Ineffective-Assistance Exception: Clue v. Commissioner of Correction and the Finality of Habeas Judgments under § 52-212a

No Ineffective-Assistance Exception: Clue v. Commissioner of Correction and the Finality of Habeas Judgments under § 52-212a

Date: Aug 26, 2025
No Ineffective-Assistance Exception: Supreme Court of Connecticut Bars Late Opening of Habeas Judgments under § 52-212a 1. Introduction In Clue v. Commissioner of Correction, 348 Conn. ___ (2025),...
PeakCM v. ATAS: Vermont Supreme Court Narrows the “Special-Relationship” Exception and Re-Affirms a Strict Economic-Loss Rule in Construction-Product Litigation

PeakCM v. ATAS: Vermont Supreme Court Narrows the “Special-Relationship” Exception and Re-Affirms a Strict Economic-Loss Rule in Construction-Product Litigation

Date: Aug 26, 2025
PeakCM v. ATAS: Vermont Supreme Court Narrows the “Special-Relationship” Exception and Re-Affirms a Strict Economic-Loss Rule in Construction-Product Litigation Introduction PeakCM, LLC v....
Cutter v. Vojnovic: Derivative Standing Denied for General Partners and Modern Clarification of Partnership Formation in North Carolina

Cutter v. Vojnovic: Derivative Standing Denied for General Partners and Modern Clarification of Partnership Formation in North Carolina

Date: Aug 26, 2025
Cutter v. Vojnovic: Derivative Standing Denied for General Partners and Modern Clarification of Partnership Formation in North Carolina 1. Introduction In Cutter v. Vojnovic, the Supreme Court of...
“Present Candor over Past Reform” – Devalle v. N.C. Sheriffs’ Education & Training Standards Commission

“Present Candor over Past Reform” – Devalle v. N.C. Sheriffs’ Education & Training Standards Commission

Date: Aug 26, 2025
“Present Candor over Past Reform” The North Carolina Supreme Court Redefines the Temporal Focus of the “Good Moral Character” Inquiry for Justice-Officer Certification 1. Introduction In Devalle v....
Durbin v. Durbin: Escalating Parental Conflict as a “Substantial Change in Circumstances” Justifying Custody Modification

Durbin v. Durbin: Escalating Parental Conflict as a “Substantial Change in Circumstances” Justifying Custody Modification

Date: Aug 26, 2025
Durbin v. Durbin: Escalating Parental Conflict as a “Substantial Change in Circumstances” Justifying Custody Modification 1. Introduction Durbin v. Durbin, decided by the Supreme Court of North...
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