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  • Commentaries
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state Case Commentaries

Parole-Eligibility Instructions & the Limits of the Invited-Error Doctrine: Commentary on State of West Virginia v. Gavin Blaine Smith

Parole-Eligibility Instructions & the Limits of the Invited-Error Doctrine: Commentary on State of West Virginia v. Gavin Blaine Smith

Date: Jun 11, 2025
Parole-Eligibility Instructions & the Limits of the Invited-Error Doctrine: A Comprehensive Commentary on State of West Virginia v. Gavin Blaine Smith 1. Introduction In State of West Virginia v....
“A Supervisor Switch May Be Reasonable” –  The New Hawaiʻi Precedent from Gima v. City & County of Honolulu (2025)

“A Supervisor Switch May Be Reasonable” – The New Hawaiʻi Precedent from Gima v. City & County of Honolulu (2025)

Date: Jun 11, 2025
“A Supervisor Switch May Be Reasonable” – The New Hawaiʻi Precedent from Gima v. City & County of Honolulu (Haw. 2025) 1. Introduction In June 2025 the Hawaiʻi Supreme Court issued a landmark opinion...
Fraudulent Concealment by Unnecessary Surgery — A New Reading Emerge in Woodford v. Castro

Fraudulent Concealment by Unnecessary Surgery — A New Reading Emerge in Woodford v. Castro

Date: Jun 11, 2025
Fraudulent Concealment by Unnecessary Surgery — A New Reading Emerge in Woodford v. Castro 1. Introduction This commentary analyses the Michigan Supreme Court’s order in Tracie Woodford v. Dan J....
Hayes v. Watson: Clarifying Preservation After Motions in Limine and the “Any-Purpose” Rule for Adverse-Party Depositions

Hayes v. Watson: Clarifying Preservation After Motions in Limine and the “Any-Purpose” Rule for Adverse-Party Depositions

Date: Jun 11, 2025
Hayes v. Watson: Clarifying Preservation After Motions in Limine and the “Any-Purpose” Rule for Adverse-Party Depositions Introduction Hayes v. Watson, No. 85087 (Nev. Sup. Ct. June 6, 2025), is a...
Hyatt v. Franchise Tax Board: Nevada Supreme Court Reinforces Detailed Documentation for Discovery-Related Travel Costs and Confirms Broad Judicial Discretion for Enhanced Expert Fees

Hyatt v. Franchise Tax Board: Nevada Supreme Court Reinforces Detailed Documentation for Discovery-Related Travel Costs and Confirms Broad Judicial Discretion for Enhanced Expert Fees

Date: Jun 11, 2025
Hyatt v. Franchise Tax Board: Nevada Supreme Court Reinforces Detailed Documentation for Discovery-Related Travel Costs and Confirms Broad Judicial Discretion for Enhanced Expert Fees 1. Introduction...
“Exclusive Environmental Division Jurisdiction over Stand-Alone Zoning Declarations” – Commentary on 32 Intervale, LLC v. City of Burlington (2025)

“Exclusive Environmental Division Jurisdiction over Stand-Alone Zoning Declarations” – Commentary on 32 Intervale, LLC v. City of Burlington (2025)

Date: Jun 11, 2025
Exclusive Environmental Division Jurisdiction over Stand-Alone Zoning Declarations: An In-Depth Commentary on 32 Intervale, LLC v. City of Burlington, 2025 VT ___ 1. Introduction 32 Intervale, LLC v....
Jackson v. Jackson: Deference to Trial-Court Fact-Finding and a Flexible “Justice & Equity” Test for Fee-Shifting under 14A V.S.A. § 1004

Jackson v. Jackson: Deference to Trial-Court Fact-Finding and a Flexible “Justice & Equity” Test for Fee-Shifting under 14A V.S.A. § 1004

Date: Jun 11, 2025
Jackson v. Jackson: Deference to Trial-Court Fact-Finding and a Flexible “Justice & Equity” Test for Fee-Shifting under 14A V.S.A. § 1004 Introduction On 6 June 2025 the Supreme Court of Vermont...
“No Second Bite at the Apple” – Vermont Supreme Court Re-affirms the Non-Tolling, Strict 30-Day Deadline to Vacate Arbitration Awards

“No Second Bite at the Apple” – Vermont Supreme Court Re-affirms the Non-Tolling, Strict 30-Day Deadline to Vacate Arbitration Awards

Date: Jun 11, 2025
“No Second Bite at the Apple” – Vermont Supreme Court Re-affirms the Non-Tolling, Strict 30-Day Deadline to Vacate Arbitration Awards Introduction Flat Fee, LLC v. Northwest Vermont Realtor...
“Stone v. DOC”: Vermont Supreme Court Confirms Employer’s Right to Bypass Progressive Discipline for Repeated Discriminatory Language

“Stone v. DOC”: Vermont Supreme Court Confirms Employer’s Right to Bypass Progressive Discipline for Repeated Discriminatory Language

Date: Jun 11, 2025
Stone v. DOC: Vermont Supreme Court Confirms Employer’s Right to Bypass Progressive Discipline for Repeated Discriminatory Language Introduction In In re Grievance of Jonathan Stone, the Vermont...
Sita v. Department of Labor (2025): Clarifying “Good-Cause” Standards and Preservation Rules in Vermont Unemployment Appeals

Sita v. Department of Labor (2025): Clarifying “Good-Cause” Standards and Preservation Rules in Vermont Unemployment Appeals

Date: Jun 11, 2025
Sita v. Department of Labor (2025): Clarifying “Good-Cause” Standards and Preservation Rules in Vermont Unemployment Appeals 1. Introduction In Keren Sita v. Department of Labor, the Vermont Supreme...
Eddy v. Venturella: Vermont Supreme Court Re-Affirms Rule 11 Candor Duties for Self-Represented Litigants and Clarifies the Limited Grounds for Pre-Hearing Dismissal of RFA Petitions

Eddy v. Venturella: Vermont Supreme Court Re-Affirms Rule 11 Candor Duties for Self-Represented Litigants and Clarifies the Limited Grounds for Pre-Hearing Dismissal of RFA Petitions

Date: Jun 11, 2025
Eddy v. Venturella: Vermont Supreme Court Re-Affirms Rule 11 Candor Duties for Self-Represented Litigants and Clarifies the Limited Grounds for Pre-Hearing Dismissal of RFA Petitions 1. Introduction...
“Manufacturer-Rated Horsepower” Controls Vermont Watercraft Exclusions: Commentary on Northern Security Insurance Co. v. Walker (2025)

“Manufacturer-Rated Horsepower” Controls Vermont Watercraft Exclusions: Commentary on Northern Security Insurance Co. v. Walker (2025)

Date: Jun 11, 2025
“Manufacturer-Rated Horsepower” Controls Vermont Watercraft Exclusions: A Comprehensive Commentary on Northern Security Insurance Company, Inc. v. Raymond Walker (Vt. 2025) Introduction The Vermont...
State v. Fuller: Expanding the Corpus Delicti Corroboration Standard and Clarifying Non-Testimonial Police-Conduct Hearsay

State v. Fuller: Expanding the Corpus Delicti Corroboration Standard and Clarifying Non-Testimonial Police-Conduct Hearsay

Date: Jun 11, 2025
State v. Fuller: Expanding the Corpus Delicti Corroboration Standard and Clarifying Non-Testimonial Police-Conduct Hearsay Introduction In State v. Christopher Fuller, 2025 VT ___, the Vermont...
Wood v. Wood: Vermont Reaffirms the “Divisible Divorce” Doctrine and the Use of Disability Benefits when Fixing Spousal Maintenance

Wood v. Wood: Vermont Reaffirms the “Divisible Divorce” Doctrine and the Use of Disability Benefits when Fixing Spousal Maintenance

Date: Jun 11, 2025
Wood v. Wood: Vermont Reaffirms the “Divisible Divorce” Doctrine and the Use of Disability Benefits when Fixing Spousal Maintenance 1. Introduction Wood v. Wood, 2025 VT ___ (June 6, 2025), is a...
County of Hayes v. County of Frontier: Nebraska Supreme Court Clarifies Pleading and Evidentiary Requirements for Petitions-in-Error in Inter-County Bridge Disputes

County of Hayes v. County of Frontier: Nebraska Supreme Court Clarifies Pleading and Evidentiary Requirements for Petitions-in-Error in Inter-County Bridge Disputes

Date: Jun 11, 2025
County of Hayes v. County of Frontier (319 Neb. 98) Nebraska Supreme Court, 6 June 2025 1. Introduction In County of Hayes v. County of Frontier, the Nebraska Supreme Court reviewed a quarrel between...
“Filing Fixes the Right”: Nebraska Supreme Court Clarifies Post-Term Modification Power in Hawk v. Hawk

“Filing Fixes the Right”: Nebraska Supreme Court Clarifies Post-Term Modification Power in Hawk v. Hawk

Date: Jun 11, 2025
“Filing Fixes the Right” Nebraska Supreme Court Clarifies Post-Term Modification Power in Hawk v. Hawk Introduction In Hawk v. Hawk, 319 Neb. 120 (2025), the Nebraska Supreme Court confronted a...
“No Re-Weighing on Appeal” – State v. Jeremiah T. and the Enhanced Deference Doctrine for Juvenile-Transfer Reviews

“No Re-Weighing on Appeal” – State v. Jeremiah T. and the Enhanced Deference Doctrine for Juvenile-Transfer Reviews

Date: Jun 11, 2025
“No Re-Weighing on Appeal” – State v. Jeremiah T. and the Enhanced Deference Doctrine for Juvenile-Transfer Reviews Introduction In State v. Jeremiah T., 319 Neb. 133 (2025), the Nebraska Supreme...
Expanding the State’s Right of Appeal: Nevada Supreme Court Holds that Orders Granting or Denying Motions to Correct an Illegal Sentence Are Appealable

Expanding the State’s Right of Appeal: Nevada Supreme Court Holds that Orders Granting or Denying Motions to Correct an Illegal Sentence Are Appealable

Date: Jun 11, 2025
Expanding the State’s Right of Appeal: Nevada Supreme Court Holds that Orders Granting or Denying Motions to Correct an Illegal Sentence Are Appealable Introduction In State v. Eighth Judicial...
State v. Nolan – Clarifying the “New-Matter” Test for Surrebuttal and Enforcing the One-Year Firearm Enhancement Cap for First-Time Felons

State v. Nolan – Clarifying the “New-Matter” Test for Surrebuttal and Enforcing the One-Year Firearm Enhancement Cap for First-Time Felons

Date: Jun 11, 2025
State v. Nolan – Clarifying the “New-Matter” Test for Surrebuttal and Enforcing the One-Year Firearm Enhancement Cap for First-Time Felons Introduction In State v. Nolan, No. S-1-SC-40029 (N.M. June...
State v. Perea – First-Hand Observations by a Confidential Informant as “Substantial Evidence” Under Rule 5-211(E) NMRA

State v. Perea – First-Hand Observations by a Confidential Informant as “Substantial Evidence” Under Rule 5-211(E) NMRA

Date: Jun 11, 2025
State v. Perea: Clarifying that a Confidential Informant’s First-Hand Observation Alone May Supply the “Basis-of-Knowledge” Required for Probable Cause—But Is Not a Per Se Rule 1. Introduction Case:...
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