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  • Commentaries
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state Case Commentaries

New Rule: Construction Liens Limited to Debts Directly Benefiting the Encumbered Property

New Rule: Construction Liens Limited to Debts Directly Benefiting the Encumbered Property

Date: Jun 10, 2025
New Rule: Construction Liens Limited to Debts Directly Benefiting the Encumbered Property Introduction The Indiana Supreme Court’s decision in EdgeRock Development, LLC, et al. v. C.H. Garmong & Son...
Clarifying Maintenance Expenditures under §25-13-802: Exclusion of Personal Property Cleanup Costs in Redemption Actions

Clarifying Maintenance Expenditures under §25-13-802: Exclusion of Personal Property Cleanup Costs in Redemption Actions

Date: Jun 10, 2025
Clarifying Maintenance Expenditures under §25-13-802: Exclusion of Personal Property Cleanup Costs in Redemption Actions Introduction This memorandum opinion arises from a long-running feud over a...
Compelling Administrative Action: Mandamus to Enforce Board’s Duty to Review Petroleum Tank Cleanup Claims

Compelling Administrative Action: Mandamus to Enforce Board’s Duty to Review Petroleum Tank Cleanup Claims

Date: Jun 10, 2025
Compelling Administrative Action: Mandamus to Enforce Board’s Duty to Review Petroleum Tank Cleanup Claims Introduction Cascade County v. Montana Petroleum Tank Release Compensation Board (2025 MT...
Estate of Neal v. 8th Jud Dist Ct: Limiting Probate Notice to “Good Cause” under § 72-1-301(2), MCA

Estate of Neal v. 8th Jud Dist Ct: Limiting Probate Notice to “Good Cause” under § 72-1-301(2), MCA

Date: Jun 10, 2025
Estate of Neal v. Eighth Judicial District Court: Limiting Probate Notice to “Good Cause” under § 72-1-301(2), MCA Introduction In Estate of Neal v. Eighth Judicial District Court, 2025 MT __, the...
Defining Supervisory Control: Limits and Criteria in Montana Appellate Procedure

Defining Supervisory Control: Limits and Criteria in Montana Appellate Procedure

Date: Jun 10, 2025
Defining Supervisory Control: Limits and Criteria in Montana Appellate Procedure Introduction This commentary examines the Supreme Court of Montana’s Order in Jing v. 13th Judicial District Court, OP...
Independent Termination of Parental Rights Under MCA §41-3-609

Independent Termination of Parental Rights Under MCA §41-3-609

Date: Jun 10, 2025
Independent Termination of Parental Rights Under MCA §41-3-609 Introduction This commentary examines the Supreme Court of Montana’s decision in Matter of B.J.B., YINC (2025 MT 116), which clarifies...
Affirmation of Active Efforts and Good Cause Deviation Under the Indian Child Welfare Act in Matter of P.E.W.

Affirmation of Active Efforts and Good Cause Deviation Under the Indian Child Welfare Act in Matter of P.E.W.

Date: Jun 10, 2025
Affirmation of Active Efforts and Good Cause Deviation Under the Indian Child Welfare Act in Matter of P.E.W., YINC (2025 MT 114) Introduction Matter of P.E.W., decided by the Supreme Court of...
No Duty to “Catch” Skiers Beyond MSRA’s Inherent Risks — Mullee v. Winter Sports, Inc.

No Duty to “Catch” Skiers Beyond MSRA’s Inherent Risks — Mullee v. Winter Sports, Inc.

Date: Jun 10, 2025
No Duty to “Catch” Skiers Beyond MSRA’s Inherent Risks Introduction Mullee v. Winter Sports, Inc., 2025 MT 113, is a Supreme Court of Montana decision clarifying the limits of a ski operator’s...
Limitations on Pretrial Credit and Evidence-Tampering Conspiracy in Prison Escape Cases

Limitations on Pretrial Credit and Evidence-Tampering Conspiracy in Prison Escape Cases

Date: Jun 10, 2025
Limitations on Pretrial Credit and Evidence-Tampering Conspiracy in Prison Escape Cases Introduction State of Montana v. Darren Charles DeMarie (2025 MT 115) arises from a bench trial in Powell...
Discretionary Best‐Interests Standard in TPR Dispositions: No Burden of Proof Imposed

Discretionary Best‐Interests Standard in TPR Dispositions: No Burden of Proof Imposed

Date: Jun 10, 2025
Discretionary Best‐Interests Standard in TPR Dispositions: No Burden of Proof Imposed Introduction State of Wisconsin v. H.C. is a 2025 decision by the Wisconsin Supreme Court addressing whether, in...
Express Warning Against Product Misuse Precludes LPLA Liability: Caterpillar Inc. v. Hardisty Precedent

Express Warning Against Product Misuse Precludes LPLA Liability: Caterpillar Inc. v. Hardisty Precedent

Date: Jun 10, 2025
Express Warning Against Product Misuse Precludes LPLA Liability: Caterpillar Inc. v. Hardisty Precedent Introduction In Brady Hardisty v. Dusty L. Walker et al., the Supreme Court of Louisiana...
Permanent Disbarment for Repeated Misconduct and Lack of Rehabilitation: In Re Kevin Michael Steel

Permanent Disbarment for Repeated Misconduct and Lack of Rehabilitation: In Re Kevin Michael Steel

Date: Jun 10, 2025
Permanent Disbarment for Repeated Misconduct and Lack of Rehabilitation Introduction In In Re: Kevin Michael Steel, 2025-SC-LA-B-01471, the Louisiana Supreme Court addressed consolidated disciplinary...
Precedent on Written Fee Agreements and Diligent Representation: In Re: Lindsey J. Leavoy

Precedent on Written Fee Agreements and Diligent Representation: In Re: Lindsey J. Leavoy

Date: Jun 10, 2025
Precedent on Written Fee Agreements and Diligent Representation: In Re: Lindsey J. Leavoy Introduction In In Re: Lindsey J. Leavoy, the Supreme Court of Louisiana clarified the obligations of...
Erlinger Non-Retroactivity and Procedural Bars in Successive Death-Penalty Postconviction Relief

Erlinger Non-Retroactivity and Procedural Bars in Successive Death-Penalty Postconviction Relief

Date: Jun 10, 2025
Erlinger Non-Retroactivity and Procedural Bars in Successive Death-Penalty Postconviction Relief Introduction In Anthony Floyd Wainwright v. State of Florida (No. SC2025-0708), the Florida Supreme...
Distinct Acts, Distinct Prosecutions: People v. Harris and the
          Narrowing of “Same Criminal Transaction” Under CPL 40.40

Distinct Acts, Distinct Prosecutions: People v. Harris and the Narrowing of “Same Criminal Transaction” Under CPL 40.40

Date: Jun 7, 2025
Distinct Acts, Distinct Prosecutions: People v. Harris and the Narrowing of “Same Criminal Transaction” Under CPL 40.40 Introduction In People v. Harris (2025 NY Slip Op 03419) the Fourth Department...
Genesee County Fish & Game Protective Assn., Inc. v. Sullivan (2025):  The Road to Title—When Long-Term Maintenance and Control Ripen into Fee Ownership of Shared Access Roads

Genesee County Fish & Game Protective Assn., Inc. v. Sullivan (2025): The Road to Title—When Long-Term Maintenance and Control Ripen into Fee Ownership of Shared Access Roads

Date: Jun 7, 2025
Genesee County Fish & Game Protective Assn., Inc. v. Sullivan (2025): The Road to Title—When Long-Term Maintenance and Control Ripen into Fee Ownership of Shared Access Roads Introduction On...
Rheeder v. Gray (Iowa 2025): Clarifying the “Severe-or-Pervasive” Harassment Standard and the “Materially Adverse” Retaliation Threshold under the Iowa Civil Rights Act

Rheeder v. Gray (Iowa 2025): Clarifying the “Severe-or-Pervasive” Harassment Standard and the “Materially Adverse” Retaliation Threshold under the Iowa Civil Rights Act

Date: Jun 7, 2025
Rheeder v. Gray, City of Marion, Slagle & McHale – Iowa Supreme Court (2025) Clarifying the “Severe-or-Pervasive” Harassment Standard and the “Materially Adverse” Retaliation Threshold under the Iowa...
Permissive Possession Within an Active Lease Cannot Mature into Adverse Possession: Commentary on EBSCO Industries, Inc. v. Ballard

Permissive Possession Within an Active Lease Cannot Mature into Adverse Possession: Commentary on EBSCO Industries, Inc. v. Ballard

Date: Jun 7, 2025
Permissive Possession Within an Active Lease Cannot Mature into Adverse Possession – EBSCO Industries, Inc. v. Michael R. Ballard, et al. 1. Introduction EBSCO Industries, Inc. (“EBSCO”) and Michael...
People v. Ritchie: Re-affirming the “Defendant-Knowledge” Exception to Brady/Rosario Disclosure

People v. Ritchie: Re-affirming the “Defendant-Knowledge” Exception to Brady/Rosario Disclosure

Date: Jun 7, 2025
People v. Ritchie: Re-affirming the “Defendant-Knowledge” Exception to Brady/Rosario Disclosure Introduction The recent decision of the Appellate Division, Fourth Department, in People v. Ritchie,...
Defective Zoning Notice Voids Variances and Precludes Vested Rights – A Commentary on Matter of Socha v. Town of Starkey (2025)

Defective Zoning Notice Voids Variances and Precludes Vested Rights – A Commentary on Matter of Socha v. Town of Starkey (2025)

Date: Jun 7, 2025
Defective Zoning Notice Voids Variances and Precludes Vested Rights Commentary on Matter of Socha v. Town of Starkey, 2025 NY Slip Op 03431 (4th Dept 2025) Introduction The Fourth Department’s...
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