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  • Commentaries
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state Case Commentaries

“Beyond Sovereign Immunity: Supreme Court Jurisdiction Over the State as Garnishee Clarified in Matter of Doran Construction Corp. v. New York State Insurance Fund”

“Beyond Sovereign Immunity: Supreme Court Jurisdiction Over the State as Garnishee Clarified in Matter of Doran Construction Corp. v. New York State Insurance Fund”

Date: Jun 19, 2025
Beyond Sovereign Immunity: Supreme Court Jurisdiction Over the State as Garnishee Clarified in Matter of Doran Construction Corp. v. New York State Insurance Fund Introduction The Appellate Division,...
Tesiero v. Castor: The Third Department Requires Comprehensive, Chronological Medical Proof from Moving Defendants in “Serious-Injury” Motions

Tesiero v. Castor: The Third Department Requires Comprehensive, Chronological Medical Proof from Moving Defendants in “Serious-Injury” Motions

Date: Jun 19, 2025
Tesiero v. Castor: The Third Department Requires Comprehensive, Chronological Medical Proof from Moving Defendants in “Serious-Injury” Motions 1. Introduction In Tesiero v. Castor, 2025 NY Slip Op...
Affirming the Commissioner’s Power to Declare Non-Equivalent Non-Public Schools: A Commentary on Parents for Educational & Religious Liberty in Schools v. Young (2025)

Affirming the Commissioner’s Power to Declare Non-Equivalent Non-Public Schools: A Commentary on Parents for Educational & Religious Liberty in Schools v. Young (2025)

Date: Jun 19, 2025
Affirming the Commissioner’s Power to Declare Non-Equivalent Non-Public Schools: Parents for Educational & Religious Liberty in Schools v. Young (2025) Introduction The New York Court of Appeals’...
Non-Delegable Owner Duties and Factual Disputes over Ladder Use: Cabrera v. Provident Alpine Partners, L.P.

Non-Delegable Owner Duties and Factual Disputes over Ladder Use: Cabrera v. Provident Alpine Partners, L.P.

Date: Jun 19, 2025
Non-Delegable Owner Duties and Factual Disputes over Ladder Use: An Exhaustive Commentary on Cabrera v. Provident Alpine Partners, L.P. (2025) 1. Introduction Background. Luis Cabrera, a construction...
“Recorded-Agreement” Requirement for Juvenile Restitution – A Commentary on Matter of Juan Z. (2025)

“Recorded-Agreement” Requirement for Juvenile Restitution – A Commentary on Matter of Juan Z. (2025)

Date: Jun 19, 2025
“Recorded-Agreement” Requirement for Juvenile Restitution: A Detailed Commentary on Matter of Juan Z., 2025 NY Slip Op 03674 1. Introduction In Matter of Juan Z., the Appellate Division, Third...

    Reaffirming the “Reasonable – Not Extraordinary – Efforts” Standard in Termination
    of Parental Rights: A Commentary on In re N.O.; In re K.O., 2025 R.I. LEXIS ____

Reaffirming the “Reasonable – Not Extraordinary – Efforts” Standard in Termination of Parental Rights: A Commentary on In re N.O.; In re K.O., 2025 R.I. LEXIS ____

Date: Jun 18, 2025
Reaffirming the “Reasonable – Not Extraordinary – Efforts” Standard in Rhode Island Termination of Parental Rights Cases Commentary on Supreme Court Decision in In re N.O.; In re K.O. (R.I. June 17,...
“Daniel’s Law” Survives First-Amendment Scrutiny: Narrow-Tailored Protection of Public-Officials’ Home Addresses Upheld

“Daniel’s Law” Survives First-Amendment Scrutiny: Narrow-Tailored Protection of Public-Officials’ Home Addresses Upheld

Date: Jun 18, 2025
“Daniel’s Law” Survives First-Amendment Scrutiny: Narrow-Tailored Protection of Public-Officials’ Home Addresses Upheld Introduction In Charles Kratovil v. City of New Brunswick, the Supreme Court of...
“The Kaul Doctrine” – Exclusive Executive Authority to Settle Civil-Enforcement and Agency-Directed Litigation

“The Kaul Doctrine” – Exclusive Executive Authority to Settle Civil-Enforcement and Agency-Directed Litigation

Date: Jun 18, 2025
“The Kaul Doctrine” – Exclusive Executive Authority to Settle Civil-Enforcement and Agency-Directed Litigation 1. Introduction On 17 June 2025 the Wisconsin Supreme Court delivered a unanimous...
No Hypothetical Presentments: New Jersey Supreme Court Bars Pre-emptive Suppression of Non-Existent Grand Jury Reports

No Hypothetical Presentments: New Jersey Supreme Court Bars Pre-emptive Suppression of Non-Existent Grand Jury Reports

Date: Jun 18, 2025
No Hypothetical Presentments: New Jersey Supreme Court Bars Pre-emptive Suppression of Non-Existent Grand Jury Reports 1. Introduction In In Re the Matter Concerning the State Grand Jury (A-15-24,...
“Finality over Flexibility” – State v. Payne Establishes Strict Limits on Post-Judgment Sentence Modifications

“Finality over Flexibility” – State v. Payne Establishes Strict Limits on Post-Judgment Sentence Modifications

Date: Jun 18, 2025
“Finality over Flexibility” – State v. Payne Establishes Strict Limits on Post-Judgment Sentence Modifications 1. Introduction The Supreme Court of Tennessee’s decision in State of Tennessee v....
Mitchell v. Division of Family Services: Waiver of Custody Challenges and the Expedited Termination of Parental Rights after Prior Involuntary TPRs

Mitchell v. Division of Family Services: Waiver of Custody Challenges and the Expedited Termination of Parental Rights after Prior Involuntary TPRs

Date: Jun 18, 2025
Mitchell v. Division of Family Services Waiver of Custody Challenges and the Expedited Termination of Parental Rights after Prior Involuntary TPRs Introduction In Mitchell v. Division of Family...
“Participant” Re-Defined: Delaware Supreme Court Recasts Ambiguity Analysis for Integrated Equity Incentive Agreements

“Participant” Re-Defined: Delaware Supreme Court Recasts Ambiguity Analysis for Integrated Equity Incentive Agreements

Date: Jun 18, 2025
“Participant” Re-Defined: Delaware Supreme Court Recasts Ambiguity Analysis for Integrated Equity Incentive Agreements 1. Introduction Village Practice Management Company, LLC (“Village”) granted...
From Speculation to Substantiation: Idaho Supreme Court Demands Evidence-Based Fiscal Impact Statements and Fuller Ballot Titles

From Speculation to Substantiation: Idaho Supreme Court Demands Evidence-Based Fiscal Impact Statements and Fuller Ballot Titles

Date: Jun 18, 2025
From Speculation to Substantiation: Idaho Supreme Court Demands Evidence-Based Fiscal Impact Statements and Fuller Ballot Titles Introduction Case: Idahoans United for Women and Families v. Labrador,...
“From Vouching to Variables” –  State v. Molde Recognizes Purely Statistical Evidence on False Reporting as Permissible Expert Testimony

“From Vouching to Variables” – State v. Molde Recognizes Purely Statistical Evidence on False Reporting as Permissible Expert Testimony

Date: Jun 18, 2025
“From Vouching to Variables” – State v. Molde Recognizes Purely Statistical Evidence on False Reporting as Permissible Expert Testimony 1. Introduction State v. Jobert L. Molde, 2025 WI 21, presented...
No Presumed Confidentiality in Remote Hearings – State v. Grady (2025 WI 22)

No Presumed Confidentiality in Remote Hearings – State v. Grady (2025 WI 22)

Date: Jun 18, 2025
No Presumed Confidentiality in Remote Hearings: The Wisconsin Supreme Court’s Ruling in State v. Kordell L. Grady (2025 WI 22) Key Holding: During remote or hybrid court proceedings, a circuit court...
Clarifying “Pattern of Strip Development” under Vermont Act 250 – Supreme Court Defines the Test and Affirms Farm-Store Permit

Clarifying “Pattern of Strip Development” under Vermont Act 250 – Supreme Court Defines the Test and Affirms Farm-Store Permit

Date: Jun 18, 2025
Clarifying “Pattern of Strip Development” under Vermont Act 250 – Supreme Court Defines the Test and Affirms Farm-Store Permit 1. Introduction In In re SM Farms Shop, LLC Permit Appeal, 2025 VT 33,...
“Particularity & Puffery”: Vermont Supreme Court Tightens Pleading Standards for Fraud and Negligent Misrepresentation in Corporate Mergers – Commentary on Shayne Lynn v. Slang Worldwide, Inc., 2025 VT 30

“Particularity & Puffery”: Vermont Supreme Court Tightens Pleading Standards for Fraud and Negligent Misrepresentation in Corporate Mergers – Commentary on Shayne Lynn v. Slang Worldwide, Inc., 2025 VT 30

Date: Jun 18, 2025
“Particularity & Puffery”: Vermont Supreme Court Tightens Pleading Standards for Fraud and Negligent Misrepresentation in Corporate Mergers Commentary on Shayne Lynn v. Slang Worldwide, Inc., 2025 VT...
“Take the Money, Lose the Appeal” – Gentele v. Gentele Clarifies the Boundaries of Nebraska’s Acceptance-of-Benefits Rule

“Take the Money, Lose the Appeal” – Gentele v. Gentele Clarifies the Boundaries of Nebraska’s Acceptance-of-Benefits Rule

Date: Jun 18, 2025
“Take the Money, Lose the Appeal” – Gentele v. Gentele Clarifies the Boundaries of Nebraska’s Acceptance-of-Benefits Rule Introduction Gentele v. Gentele, 319 Neb. 182 (2025), is the Nebraska Supreme...
“State v. Scott” and the Stringent Threshold for the Joint-Venture Exception in Foreign Searches

“State v. Scott” and the Stringent Threshold for the Joint-Venture Exception in Foreign Searches

Date: Jun 18, 2025
“State v. Scott” and the Stringent Threshold for the Joint-Venture Exception in Foreign Searches Introduction In State v. Scott, 319 Neb. 153 (2025), the Nebraska Supreme Court tackled two distinct...
Bernard v. State: Wyoming Supreme Court Reinforces Res Judicata Limits on Rule 35(a) Motions and Requires Conformity Between Oral and Written Sentences

Bernard v. State: Wyoming Supreme Court Reinforces Res Judicata Limits on Rule 35(a) Motions and Requires Conformity Between Oral and Written Sentences

Date: Jun 18, 2025
Bernard v. State: Wyoming Supreme Court Reinforces Res Judicata Limits on Rule 35(a) Motions and Requires Conformity Between Oral and Written Sentences Introduction In David P. Bernard, Jr. v. State...
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